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Charitable
Lead Trusts
What
is a Charitable Lead Trust (CLT)?
The CLT is a powerful way to make a future transfer of assets to your
heirs at a significantly reduced gift and estate tax cost, while also
supporting your charity with income. During a specified number of years,
the lives of one or more individuals, or a combination of the two, all
contributions are paid to the charity of your choice. At the end of the
trust term, the assets pass to beneficiaries named by the donor. The donors
choose the trustee.
You
can fund a CLT with cash, publicly traded securities, closely-held stock,
income-producing real estate, partnership interests, or a combination
of the above. You can establish a CLT during your lifetime, or as a testamentary
trust through your will. A lead trust may be structured to provide a fixed
dollar contribution annually (CLAT) or a fixed percentage contribution
(CLUT).
Two Types
of Lead Trusts
There are two basic types of Lead Trusts: Non-Grantor and Grantor.
In a non-grantor
CLT, the most common type, the trust assets revert to your children,
grandchildren, or other heirs at the end of the trust term. A non-grantor
CLT provides a gift tax charitable deduction and is useful in reducing
the cost of intergenerational wealth transfers.
In a grantor
CLT, the trust assets revert to you, rather than to your heirs, at
the end of the trust term. Donors creating grantor CLTs receive a large
charitable contribution income tax deduction. Such a gift structure may
be particularly useful if you wish to make a multi-year pledge and accelerate
future deductions into the current year.
What Are
The Advantages of a Non-Grantor CLT?
For people who have significant assets, a CLT provides gift and estate tax
relief:
- You receive
a charitable gift tax deduction for the present value of the annual
trust payments to the charity. The amount of this gift tax deduction
is typically a large percentage of the total assets contributed to a
CLT, leaving only a small portion of the gift amount subject to the
gift tax.
- Because
the gift tax deduction and the amount subject to gift tax is determined
at the time the assets are contributed to the CLT, any appreciation
of the assets that takes place during the term of the trust is not subject
to additional gift or estate tax. As a result, the amount that you ultimately
transfer to your heirs may be much larger than the amount upon which
the gift tax is imposed.
- None of
the income earned by a CLT is taxable to the grantor; therefore, the
grantor also does not receive a charitable income tax deduction. In
effect, this results in a reduction of your taxable income over the
trust term.
- The assets
you contribute to a CLT are removed from your taxable estate, reducing
your estate tax exposure.
- Unlike
most other gift planning arrangements, the benefits of a CLT are immediate
to the charity. Payments from a CLT can be used to fund operating costs
and other programs as well as endowed funds.
How Do I
Create a CLT?
Donors establishing a CLT should be advised by an attorney who is experienced
in the area of charitable trusts and estate planning. Please contact
us by phone or e-mail so that we can assist you or use our response/request
form.
Return
to story on Charitable Lead Trusts.
Please
note, individual financial circumstances will vary. The information on
this site does not constitute legal or tax advice. As with all tax and
estate planning, please consult your attorney or estate specialist. All
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Revised: May 1, 2003 11:41
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