CHARITABLE REMAINDER TRUSTS
What are your plans for the future? While there is no single way
to achieve all of your personal and financial goals, there is one
strategy that can meet many of your needs. It's called a charitable
remainder trust. In the right circumstances, this plan can increase
your income, reduce your taxes, unlock appreciated investments,
rid you of investment worries and ultimately provide very important
support.
When you create a charitable remainder trust, you irrevocably
transfer money, securities or other assets to a trust that will
then pay you an income for life or for a period of years. If you
wish, the trust also can pay an income to another beneficiary
of your choice. At the death of the surviving beneficiary, the
remaining principal in the trust goes to us.
You can design your trust to fit your own special needs. First,
you decide how much you'd like to put into the trust. Second,
you determine the income you'd like to receive from the donated
assets. The rate of income return you select must be at least
5 percent. Usually, the rate selected is 5 percent to 7 percent.
The best rate for you will depend upon the number of beneficiaries
you select and their ages. Third, you decide which type of charitable
remainder trust will work best for you.
Choosing a charitable remainder trust is a little like shopping
for a new car-the right one depends on your personal needs. Luckily,
CRTs come in five variations. We can help you and your professional
advisors decide the method that will work best for you.
1. Annuity trust: Pays
you a fixed dollar amount.
2. Standard unitrust: Pays
you an amount equal to a fixed percentage of the net fair market
value of the trust assets as recalculated yearly.
3. Net income with makeup unitrust:
The trust pays the lesser of the fixed percentage specified
by the trust agreement or the actual trust income. Such trusts
provide, however, that in any year the trust income exceeds
the fixed percentage payout, the excess must be used to make
up any prior deficiencies. It offers great flexibility in retirement
planning, because income can effectively be deferred until later
years.
4. Net income with no makeup unitrust:
Pays you the trust's actual income or a fixed percentage
of market value (as recalculated yearly), whichever is less.
Deficiencies are not made up. This type is used by donors who
want to maximize the benefits to the charitable organization.
5. Flip unitrust: Set up
as either of the last two types, this trust converts to a standard
unitrust on a triggering event, such as the sale of an "unmarketable"
asset used to fund the trust.
Which Is Better: Annuity Trust or Unitrust?
Whether you choose an annuity trust or a unitrust depends primarily
on your economic outlook. With an annuity
trust, you receive the same fixed amount each year that you
chose at the beginning. This is advantageous when you want to
be certain of the dollars you'll receive. If you're concerned
about the possibility of recessionary times and falling market
values, the annuity trust has greater appeal. Although you can't
add to this annuity trust later in order to increase your income,
you can always create a new trust for that purpose.
In comparison, a unitrust may be
a hedge against inflation. If you foresee economic growth resulting
in appreciation of the trust's assets, you'll favor a unitrust.
The valuation can rise or fall, but over time a well-managed unitrust
may offer better protection of your purchasing power than fixed
dollar payments. A further advantage is that if you want to enlarge
the trust later, you can make additional contributions without
the cost of creating and administering more than one trust.
Calculate
how a charitable remainder annuity trust can benefit you. (lives
option) or (term
of years option)
or
Calculate
how a charitable remainder unitrust can benefit you. (lives option)
or (term
of years option)
Tax Benefits
Now look at the major and wide-ranging tax savings you can realize
when you create a charitable remainder trust. First, when you
fund the trust, you immediately obtain the benefit of a sizable
income tax charitable deduction. This is equal to the present
value of the remainder interest ultimately payable to us, based
on Internal Revenue Service tables of life expectancy factors.
The older the beneficiary, the greater the charitable deduction.
You can fund your charitable remainder trust with cash, securities
or other property. Highly appreciated assets that generate low
current income are an ideal funding medium. While you'd be reluctant
to sell such assets directly because of the tax you would pay
on the gain, you can transfer them to the trust without incurring
the capital gains tax. The trust could sell the assets without
incurring any tax and then reinvest the proceeds in order to secure
a higher current income yield.
Perhaps over the years your personal investments have grown handsomely,
but you now realize that their yield is grossly inadequate. Unfortunately,
if you sell and reinvest in higher yielding securities, you'll
lose a large part of your gain to taxes.
The answer? Transfer your appreciated securities to a charitable
remainder trust. In return for your gift, you might get an income
two to four times greater than the current dividend from the typical
growth stock.
Example: Elizabeth, aged 75, owns several stocks
with a market value of $100,000, but they pay dividends of only
$2,000 a year, or 2 percent of market value. She decides to
transfer these securities to a charitable remainder annuity
trust that will pay her $7,000 a year, increasing her gross
income by $5,000.
If Elizabeth sold her stocks instead, she would pay an enormous
tax on her capital gain. Their cost basis is $30,000, compared
to the current market value of $100,000, resulting in a gain
of $70,000. At a federal capital gains tax rate of 20 percent,
the tax would be $14,000. This would leave her with only $86,000
to reinvest, so she would have to find stocks that pay a dividend
of more than 8 percent to receive the same $7,000 her trust
can pay her.
Even More Tax Advantages
The tax benefits of a charitable remainder trust don't stop with
the charitable deduction and avoidance of capital gains tax. You
can enjoy other tax advantages, too.
Taxation of annual payments. This depends on what type of income
your trust earned during the year (or what was undistributed from
prior years). Each payment is treated first as ordinary income
to the extent of the trust's ordinary income; second, as capital
gains to the extent of the trust's capital gains; third, as tax-exempt
income to the extent of the trust's tax-exempt income; and last,
as a tax-free return of principal.
Investment policies and performance, as well as the type of trust
(annuity trust or unitrust), will determine the taxation of the
annual payments. The point is, part of your income may be treated
as capital gains or may even be tax-free. The trustee will tell
you what to report, so you don't have to figure this out yourself.
If you want to receive tax-free income, you can deposit tax-exempt
securities, assuming they meet with the trustee's approval for
retention by the trust. But the trust instrument may not require
that other kinds of transferred property be converted into tax-exempt
securities or that only tax-exempt investments may be made by
the trust.
Estate tax savings. Where you are the only income beneficiary,
your charitable remainder trust will be free from federal estate
tax. Because of the marital deduction, this is also true if your
spouse is a U.S. citizen and the only surviving income beneficiary.
If the surviving beneficiary is not your spouse, the life interest
of the survivor may be subject to tax, depending on the size of
your estate and the available tax benefits remaining in your estate.
The value of the survivor's interest is based on that individual's
age at your death. But the charitable contribution of the remaining
principal, made on a survivor's death, is always tax deductible.
Who Can Benefit? Some Typical Cases
You may wonder if your circumstances match those of others who
decided to create a charitable remainder trust. In fact, people
of widely varying ages and financial situations do benefit, as
these examples illustrate:
- An individual nearing retirement. You
may have personal investments that are highly appreciated, yet
have a low yield. By using these assets to fund a unitrust or
annuity trust, you can avoid the capital gains tax trap and
supplement your income from a qualified
retirement plan.
- A retired couple or individual between
ages 60 and 75. If you have a healthy life expectancy,
over a longer term a unitrust can provide a hedge against inflation,
assuming the trust investments benefit from a gradually increasing
market value that exceeds the usual periodic downturns.
- An individual over age 75.
For you, an annuity trust has a special appeal. You may be more
concerned about receiving a fixed and unchangeable income
payment than beating long-term inflation.
- A single person over age 80.
You might find that a unitrust with a term of 20 years is attractive.
The payout balance of the term extending beyond your lifetime
can be distributed to your children, grandchildren or anyone
you designate.
- Someone supporting an elderly parent.
You may be seeking a good way to increase a parent's income
and also make a philanthropic contribution. A charitable remainder
trust can accomplish both objectives.
These are only a few of the many ways a charitable remainder
trust can help you supplement other sources of income while providing
exceptional tax benefits.
Choosing the Payout Size
As noted earlier, the tax law sets the minimum size of the annual
payments to the income beneficiary of a charitable remainder trust.
For an annuity trust, the fixed
dollar amount must be at least 5 percent of its initial net fair
market value. For a unitrust, the fixed percentage generally must
be at least 5 percent of the trust's net fair market value, as
determined each year. You may also choose from three unitrust
variations: "net income with makeup," "net income
without makeup" and "flip." (We'll be glad to explain
their advantages.)
Is there any upper limit on the amount or percentage? A charitable
remainder trust must have a payout rate limited to a maximum of
50 percent, and it must have a charitable remainder value of at
least 10 percent of the value contributed to the trust.
You probably would like to receive a higher payout than you could
obtain from other investments. That's understandable. But the
payout should reflect a reasonable expectation of the trust's
total return, which is its investment performance as measured
by price changes and reinvested earnings.
If the payout size is larger than the trust's total return in
future years, the trust's principal will gradually erode, reducing
the charitable remainder. The U.S. Treasury rules base the value
of the charitable remainder on the payout rate, so the higher
the payout, the smaller the charitable value. And, of course,
the smaller your anticipated contribution to our future needs.
Despite these considerations, you will be pleasantly surprised
to see how a charitable
remainder trust can increase your income from low-yield investments.
Now Add Up Your Benefits
Unlike other ways of contributing to us, a charitable remainder
trust allows you to keep the benefits of the donated assets for
life, knowing you'll help to shape our future later. Look at these
personal benefits you can enjoy:
- Increase your income when you give to a trust designed to
pay out more than you now earn on the assets you will contribute.
- Receive a money-saving federal income tax charitable deduction.
- Pay no capital gains tax when you transfer unmortgaged appreciated
assets to the trust.
- Free yourself from investment worries by securing professional
management of the assets you give.
- Gain the enduring satisfaction of having made a major commitment
to our important work.
Design Your Own Life Income Plan
If you're looking for an advantageous way to benefit you now and
help us later, a charitable remainder trust is the ideal solution.
With the counsel of your legal and tax advisors, a trust can be
tailored to your personal circumstances.