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Charitable Services | Charitable Giving | Charitable Remainder Trusts

"Income Maximizer Trust" and the "Wealth Replacement Trust"

Multi-Generational ("Near Zero") CRUTs

At one time, it was possible to provide for distributions from a charitable remainder unitrust (CRUT) to parents for a term and then to their children for their lifetime. This was done in a way that the gift-tax value of the children's benefit was "near zero", and it was frequently set up so that the distributions to parents were minimized, increasing the benefit to the children. Due to the regulations proposed by the IRS in April of 1997 this technique does not work well, if at all.

Charitable Lead Trusts

Charitable Remainder Trusts

The charitable remainder trust is similar to other types of trusts except that the amount distributed at its termination (the remainder) is paid to a charitable beneficiary. A donor transfers property irrevocable to a trust and specifies: the amount of payments to be distributed, to whom the payments are to be paid, the duration of the payments (a period of years for the lifetime of the beneficiaries), and the charity that will receive the remainder.

This plan may become effective through outright transfers during the donor's lifetime or through transfers at death under the owner's will. To qualify for the charitable deductions available under federal tax law, the plan must conform to the requirements of a charitable remainder unitrust or a charitable remainder annuity trust. Each of these arrangements offers independent features that can be used effectively to achieve financial- and estate-planning objectives.

An important feature common to all these arrangements is that they offer an escape from the age-old investment dilemma of the "locked-in" position: an investor may want to dispose of an investment position for various reasons, but is hesitant to do so because of the potential capital-gain tax on the appreciation. Funding a charitable remainder trust with appreciated, long-term, capital gain securities can increase the available tax benefits because the grantor can avoid the potential capital-gain tax that would result from an outright sale of the property. Avoidance of the capital-gain tax, coupled with a current charitable income-tax deduction can substantially reduce the cost of such a transfer.

Unitrust
The primary feature of the unitrust is that it provides for payment to the beneficiary of an amount that may vary over time. The payment must equal a fixed percentage of the net fair-market value of the trust assets as valued annually. The grantor determines the fixed percentage upon creation of the unitrust; it must be at least 5%. Depending on the donor's financial-planning objectives, a choice may be made to emphasize the charitable deduction (by choosing a lower rate) or the annual return (by selecting a higher rate).

The unitrust payment must be made at least annually to the current beneficiary, but may be made at more frequent intervals, such as semi-annually or quarterly. The unitrust may be set up for the lives of the beneficiaries or for a term of years not exceeding 20. The amount paid to beneficiaries each year is determined by multiplying the payout rate by the value of the trust assets. For example, a 6% unitrust valued at $100,000 its first year will pay out $6,000. If the trust assets are valued at $110,000 in its second year, the payout will be $6,600. The variable nature of the unitrust payments may provide a hedge against inflation - assuming a growth in value of the trust assets comparable to the inflation rate.

The grantor is allowed a charitable deduction equal to the present value of the charitable organization's remainder interest in the unitrust, as determined by reference to U.S. Treasury Relations. The deduction, a percentage of the amount that funds the trust, is based on the fair-market value of the asset transferred, the payout rate chosen, and either the age and number of beneficiaries or the term of years.

The unitrust can be funded with ash or - ideally - with long-term, highly appreciated, capital-gain securities or real estate. The governing instrument of any unitrust may include a provision to permit additional contributions. The attraction of this feature is that the grantor need not establish a new trust each time he or she wishes to make an additional gift.

Additional Definitions

Bypass Capital Gains: Investments of property eventually mature. After a very good investment as appreciated, the yield or earnings on that investment may then be quite low. At certain times, it is wise to sell a property and reinvest the proceeds in a new property for maximum investment gain. However, your sale of a property may trigger a large tax. The unitrust is an ideal method for a tax-free reinvestment, since the qualified unitrust bypasses the capital gains tax. The full amount received from the sale will then be reinvested.

Increased Income: Mature investment properties frequently are earning two, three or four percent per year. The capital gains tax free reinvestment through the unitrust could enable a person to sell without tax an asset earning two or three percent and reinvest in an asset earning eight or nine percent. The increased earnings can then be passed through to the family member using the unitrust income produced by higher yield investments. Over a period of years, the family members can reinvest the additional income and acquire even greater economic security.

Income Tax Deduction: After the completion of all income payments, the principal or corpus is distributed to charity. Even though charity might not receive anything for many years, the government permits the grantor (the individual who establishes the irrevocable trust) to take an immediate income tax deduction. The deduction is a percentage of the value of the property transferred to the trust and is calculated using the age of the donor, the number of years in the term of years and the selected unitrust percentage. Many charitable unitrust donors use their current tax savings for additional investments and thus are able to enjoy the maximum return from their tax-free reinvestment and also benefit at the same time from substantial income tax savings.

Unitrust Percentage: Each grantor may select the unitrust percentage. The unitrust percentage may amount to five percent or more of the value of the trust. Each year the trust accountant recomputes the fair market value of the trust. The unitrust then pays the selected percent of the fair market value to the donor. For instance, if a trust is valued at $100,000 and the grantor had selected a 6% unitrust percentage, the accountant would multiply the 6% times the $100,000 in value and distribute $6,000 that year. If earnings were 7% or8% and the trust distributed 6%, the extra 1% or 2% would be added to principal. Since the income payments depend upon the value in trust, many persons select a lower percentage and then benefit from the growth of the trust value during the later years of the trust.

Duration of Income: In addition, the trust grantor may also select the time for which payments are to be made. This time may be two lives, one life, a term of one to twenty years or a combination of lives plus a term of years. After the trust grantor has passed away and the payments have been made for the selected term of years, the remainder will be distributed to charity. Under the Code, all beneficiaries must be named and living when the trust is created. If all pass away before the end of the term of years, the trust assets must then be distributed to charity.

Charitable Remainder: Finally, the trust grantor may select the charities that will receive the trust remainder (the corpus of the trust after all income payments are completed). The entire corpus could be distributed to one charity, or the corpus may be divided among several charities. The selection of the charities is entirely under the control of the trust grantor.

Trustee: Each unitrust must have a trustee. The trustee can be a commercial institution such as a bank or trust company, a charity, an individual or a combination of two of these three options. The trustee will have to invest the property, conduct any sales and file the appropriate information and tax forms. Since the trust may last for many years, it is important to select a qualified trustee to manage this unitrust.

Estate Taxation: When a unitrust lasts for a life plus a term of years, the value of the trust will usually be included in the estate of the grantor. At that time, the trust is valued and this amount reported on the estate tax return. Fortunately, there will be a charitable estate tax deduction for the value of the charitable remainder interest at that time.

What generates income, removes taxable assets from your estate, relieves management burdens, and provides immediate or future tax deductions? It's the unitrust.

The Charitable Remainder Unitrust

A charitable remainder unitrust pays a fixed percentage of the fair market value of the assets in the trust. This percentage is determined each year. Thus, a well managed unitrust may result in steadily increasing income. Unlike an annuity trust, you may make additional contributions to a unitrust at your discretion.

The donor (or another named individual) receives quarterly income for life at a fixed percentage of the annual fair market value of the unitrust assets. The donor also receives a current income tax charitable eduction and may receive gift and estate tax benefits.

Although generally funded with appreciated securities or real estate, you may use a variety of assets to establish a charitable remainder unitrust.

You may also set up a charitable remainder unitrust to pay out the lesser of the net income earned by the trust or a percentage of the trust assets. In addition, the trust may contain a "makeup" clause so that if the income paid to the donor is less than the designated percentage, additional income may be paid to the donor in years when the trust earns greater income. This type of a unitrust may be useful for retirement and education planning as well as for gifts of real estate or other non-liquid assets.

You may establish a unitrust with a minimum gift of $50,000.

Twenty years ago, Jane, 57, purchased 100 acres of undeveloped land outside Concord, New Hampshire, for $20,000. She thought she might someday build a vacation/retirement home there. Over the years those plans changed. While she no longer plans to use the property, she is still responsible for the maintenance expenses and taxes. Jane would like to be relieved of these responsibilities and to increase her income.

Jane's problem is that the property is currently worth $5,000 an acre or $500,000. If she sells the land, she will be liable for more than $96,000 in capital gains taxes, leaving her only $404,000 to invest for additional income.

By contributing the land to a 5% net income charitable remainder unitrust, Jane can avoid the potential capital gains tax, receive an income tax charitable deduction of $271,485, make a marvelous gift to an endowment of her choice, and significantly increase her income (the first year she should realize $25,000). She has also removed management responsibilities and expenses associated with the real estate.

What is a planned gift?

A carefully planned charitable gift provides you and your loved ones with immediate benefits: it can increase your income, protect your assets, and reduce your tax burden, now and in the future.

Building an endowment requires a vision and a commitment to help secure the future. A planned gift demonstrates your understanding of the ways we shape the future through decisions we make today.

Whether you're wondering about PIFs, CRATs, and CRUTs or you have an established estate plan, we hope this provides you with food for thought. If you'd like to talk about your ideas, we'll be happy to work with you.

For more information or a personal appointment, call Linda Laughlin, Riverview Asset Management, (360) 693-1416 or toll free 1-877-993-5550.

What are the most frequent ways of making a gift?

There are many different ways of creating a gift, depending on your own resources and what you wish to accomplish.

The simplest gift is an outright cash contribution, but many people add value to their giving by taking advantage of tax laws that encourage philanthrophy.

Outright gifts - cash, securities, real property, tangible personal property, or closely held stock - provide an almost immediate cash contribution to the charity of your choice and may have tax advantages for the donor. The full benefit of income-producing gifts and deferred gifts is realized only after the donor and his or her heirs have enjoyed the income generated by the gift. This gift is generally in the form of a trust or an annuity and may be designed to help meet a variety of personal goals.

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Riverview Asset Management Investments are not insured or guaranteed by the Bank, the Federal Deposit Insurance Corporation or any other government agency. Non-deposit products are subject to investment risks, including the possible loss of the principal invested.