What are the requirements for classifying a transaction as a transfer of a qualified terminable interest property (QTIP)?
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The requirements for a qualified terminable interest property (QTIP) transfer are that the donee spouse be entitled to receive all the income for life and that the income be paid out at least annually. In addition, no one can have a power to appoint any part of the property to anyone other than the donee-spouse unless such power is not exercisable while the donee-spouse is alive. Finally, the donor must elect to claim a marital deduction.
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