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How Valero Energy Employees Can Use Intentionally Defective Grantor Trusts (IDGTs) in Estate Planning

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“Valero Energy employees reviewing IDGTs can benefit from understanding how these trusts may support long-term legacy planning, although qualified legal and tax professionals should review these strategies to determine whether they fit into their overall goals.” ~ Wesley Boudreaux, a representative of The Retirement Group, a division of Wealth Enhancement.

“Valero Energy employees considering an IDGT should recognize how this strategy may support long-term wealth transfer goals, although these structures should be reviewed with qualified legal and tax professionals to determine whether they align with each household’s broader plan.” ~ Patrick Ray, a representative of The Retirement Group, a division of Wealth Enhancement.

In this article, we will discuss:

How intentionally defective grantor trusts (IDGTs) work.
The advantages and potential limitations of using an IDGT.
Key considerations for Valero Energy employees evaluating this type of planning strategy.

An irrevocable trust arrangement known as an intentionally defective grantor trust (IDGT) allows the grantor to move assets out of their taxable estate while still being treated as the owner of those assets for income tax purposes. Many people, including Valero Energy employees with high-growth or income-producing holdings, may benefit from using this strategy to support long-term wealth preservation.

How an Intentionally Defective Grantor Trust Works

For tax purposes, different kinds of trusts receive different treatment, and understanding the distinctions can help Valero Energy professionals review planning strategies more effectively.

Revocable Trusts

In a revocable trust, the grantor is taxed on trust income and is regarded as the owner for income tax purposes. A separate trust income tax return is usually unnecessary. These assets generally remain inside the grantor’s taxable estate because the grantor maintains full control.

Irrevocable Trusts

An irrevocable trust is treated as its own tax entity, filing its own return and taking its own deductions. When properly drafted so the grantor does not retain certain powers or interests, assets transferred to an irrevocable trust are generally removed from the taxable estate, a detail that can matter for Valero Energy professionals with substantial savings or investment holdings.

How IDGTs Combine These Features

An IDGT is structured as an irrevocable trust for estate and gift tax purposes, removing assets from the taxable estate, but is treated as a grantor trust for income tax purposes. As long as the grantor pays income taxes on trust earnings, the trust’s assets can grow outside the estate, which may appeal to Valero Energy professionals with long-term legacy goals.

Why It’s Called “Intentionally Defective”

The trust is drafted so that, under IRS grantor-trust rules, the grantor remains the owner for income tax purposes due to certain retained powers. At the same time, the trust is irrevocable for estate tax purposes, allowing the assets to remain outside the taxable estate—a structure that may assist with multigenerational planning.

Advantages of an Intentionally Defective Grantor Trust

Because an IDGT is a grantor trust for income tax purposes, the grantor pays income tax on trust earnings. This leads to two important benefits that may interest Valero Energy employees with high-value assets:

- Trust assets can grow for beneficiaries without being reduced by income tax payments.
- Income tax paid by the grantor reduces the taxable estate without being classified as a gift.

- This dynamic—where grantors use personal funds to pay taxes that would otherwise reduce trust assets—is often referred to as a “tax burn.”

How Assets Are Transferred to an IDGT

Valero Energy employees reviewing wealth transfer strategies may encounter two common approaches:

1. Gift or Partial Gift/Sale

A grantor can move assets to an IDGT as a gift. If the gift stays within the lifetime gift and estate tax exemption, it typically does not create out-of-pocket gift tax. Some planning approaches combine a partial gift with a sale to balance estate goals.

2. Sale to the IDGT

Many grantors sell assets to an IDGT in exchange for a promissory note with an interest rate at or above the IRS Applicable Federal Rate (AFR).

- The sale is typically not treated as a taxable gift if conducted at fair market value.
- Appreciation above the AFR occurs outside the grantor’s estate for beneficiaries.
- When AFR rules and loan requirements are followed, the note is treated as valid consideration and carries an interest obligation.

Potential Drawbacks of an IDGT

Once established, an IDGT is difficult to modify, similar to other irrevocable trusts. Outcomes also depend on the trust assets growing at a rate higher than the AFR. If that does not occur, the intended estate planning benefits may fall short—an important consideration for Valero Energy employees reviewing various asset types.

Who Might Consider an IDGT?

An IDGT can be appealing for families facing potential estate tax exposure, especially when transferring assets with strong growth potential. This approach works best when the grantor has sufficient liquidity to continue paying the trust’s income taxes personally, a factor some Valero Energy employees review when assessing retirement and estate liquidity. Because the structure requires precise legal drafting, it should be established with qualified legal counsel.

Need Support with IDGTs or Retirement Planning?

The Retirement Group can assist you in reviewing whether an IDGT fits into your broader retirement and estate plan as a Valero Energy employee. For guidance tailored to your long-term goals, call us at (800) 900-5867 .

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Sources:

1. BMO Wealth Management. Herman, Brad. Intentionally Defective Grantor Trust. BMO Financial Group, Oct. 2021,
https://uswealth.bmo.com/media/filer_public/8b/3f/8b3f85c6-21b0-407e-bfbf-0f9b181c1673/bwm_idgtarticle_1103.pdf .

2. Fidelity Wealth Management. “What Is an Intentionally Defective Grantor Trust (IDGT)?” Fidelity Viewpoints , 4 Dec. 2025,
https://www.fidelity.com/viewpoints/wealth-management/insights/intentionally-defective-grantor-trusts .

3. Hirtle, Callaghan & Co. Estate Planning With Intentionally Defective Grantor Trusts.
Hirtle, Callaghan & Co., 2020,
https://www.hirtlecallaghan.com/wp-content/uploads/2020/08/Intentionally-Defective-Grantor-Trusts.pdf .

4. Nevada Trust Company. Ford-Grella, Jaclyn. “How Intentionally Defective Grantor Trusts Can Safeguard Assets for Future Generations.” Nevada Trust Company , 10 Dec. 2024,
https://www.nevadatrust.com/how-intentionally-defective-grantor-trusts-can-safeguard-assets-for-future-generations/ .

What are the modifications to retirement plan contributions for employees of Valero Energy Corporation in 2024, and how do these changes impact both traditional 401(k) contributions and Roth contributions? Could you also elaborate on the distinctions between the two types of contributions offered by Valero Energy Corporation and the potential tax implications for employees?

Modifications to Retirement Plan Contributions: In 2024, Valero Energy Corporation has adjusted its retirement plan contributions to align with evolving regulatory and economic environments. The company offers both traditional 401(k) contributions and Roth contributions. The traditional 401(k) contributions are made pre-tax, reducing the taxable income for employees, which is beneficial during their high-earning years. Roth contributions are made after-tax, offering tax-free growth and withdrawals, which can be advantageous if employees expect to be in a higher tax bracket in retirement. The choice between these options allows employees to tailor their retirement savings in a way that best suits their long-term financial planning.

How can employees of Valero Energy Corporation maximize their retirement benefits through the company's defined benefit or defined contribution plans? Specifically, what strategies or options can employees consider to ensure they are adequately preparing for retirement, including the effects of employer matching contributions and vesting schedules offered by Valero Energy Corporation?

Maximizing Retirement Benefits: Employees of Valero can maximize their retirement benefits by taking full advantage of the company’s matching contributions in the defined contribution plans, which is an immediate return on their investment. Understanding the vesting schedules is also crucial, as it determines the ownership of employer-contributed funds. Employees should consider contributing at least enough to receive the full match, as it represents part of their compensation package. Regularly reviewing and adjusting their investment portfolio within the plan can help in aligning with personal retirement goals and risk tolerance.

What are the eligibility criteria for employees of Valero Energy Corporation to participate in the company's pension plans, and how are accrued benefits calculated over time? Additionally, how do these factors contribute to an employee's overall retirement readiness when planning for post-employment life?

Eligibility and Accrual of Benefits: To participate in Valero's pension plans, employees typically need to meet specific eligibility criteria, which might include a minimum period of service or age requirements. The benefits accrued depend on factors like years of service and salary history. These plans are designed to provide a stable income stream in retirement, contributing to an employee’s overall retirement readiness. Understanding these aspects of the pension plan can help employees plan more effectively for their retirement.

In the event of a job change or leaving Valero Energy Corporation, what options do employees have for managing their retirement accounts? Could you discuss in detail the pros and cons of rolling over a 401(k) into an individual retirement account (IRA) versus cashing it out?

Options Upon Job Change or Leaving Valero: If an employee decides to change jobs or leave Valero, they have several options for managing their retirement accounts. Rolling over a 401(k) into an individual retirement account (IRA) can provide more investment options and potentially lower fees, while preserving the tax-deferred status. Cashing out the 401(k), although immediately accessible, can lead to substantial penalties and taxes, reducing the retirement savings. Each option has pros and cons, depending on the individual's circumstances and retirement strategies.

How does Valero Energy Corporation ensure compliance with federal and state regulations regarding its retirement plans? What specific measures are taken to protect employee retirement savings, and how does the company communicate these protections to its workforce?

Compliance with Regulations: Valero ensures compliance with federal and state regulations regarding retirement plans through regular audits, adherence to plan documents, and by providing transparent communication to employees. The company takes measures to protect the retirement savings of its workforce, which helps in maintaining trust and reliability in its retirement plan offerings.

What resources are available to Valero Energy Corporation employees for financial planning as they approach retirement age? Please provide details on any company-sponsored educational programs, one-on-one financial counseling, or third-party resources that can assist employees in making informed decisions.

Resources for Financial Planning: Valero provides various resources to assist employees in planning for retirement, including access to financial planners, workshops, and online tools that offer personalized guidance. These resources help employees make informed decisions about their retirement savings and overall financial health as they approach retirement age.

What are the potential tax benefits available to Valero Energy Corporation employees when contributing to their retirement plans? Could you elaborate on the current tax implications for contributions made in 2024 and any changes to tax credits or deductions that may impact employees' decision-making regarding their retirement savings?

Tax Benefits for Contributions: Employees contributing to Valero's retirement plans in 2024 can benefit from immediate tax deductions on traditional 401(k) contributions or tax-free growth on Roth contributions. The specific tax implications can influence employees' contributions depending on their current tax situation and future expectations.

How does Valero Energy Corporation's retirement plan compare to those offered by other companies in the energy sector? Can employees access benchmarking data to assess whether their retirement benefits meet industry standards? What elements can employees evaluate when considering the adequacy of their retirement provisions at Valero Energy Corporation?

Comparison with Industry Standards: Valero strives to offer competitive retirement benefits compared to others in the energy sector. Employees might have access to benchmarking data through human resources, which can help them evaluate the adequacy of their retirement benefits relative to industry standards.

What are the processes involved for Valero Energy Corporation employees to initiate a withdrawal or distribution from their retirement accounts upon retirement? Are there particular forms or timelines that must be adhered to, and how does the company provide support during this transition?

Withdrawal or Distribution Processes: Upon retirement, Valero employees can initiate withdrawals or distributions from their retirement accounts by following specific procedures, which include completing certain forms and adhering to outlined timelines. The company provides support during this transition, ensuring that employees understand their options and the implications of their choices.

How can Valero Energy Corporation employees contact the human resources department to inquire about their retirement benefits and plans? Please detail the best avenuesâ€”whether through phone, in-person visits, or online portalsâ€”available to employees for addressing their retirement-related questions and concerns.

Contacting HR for Retirement Plan Inquiries: Employees can contact Valero's human resources department through various channels such as phone, in-person visits, or online portals to inquire about their retirement plans. This accessibility helps in resolving any questions or concerns regarding retirement benefits and planning.

With the current political climate we are in it is important to keep up with current news and remain knowledgeable about your benefits.

Valero Energy is a leading independent petroleum refiner and marketer, providing energy products globally with a focus on operational excellence.

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