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Had the charitable remainder
trust been around in biblical times, the saying might be, “Give and ye
shall receive, especially if ye have a good tax lawyer.”
Be warned (or relieved).
That is as funny as this article will get, because charitable giving is
extraordinarily complex these days. There are remainder trusts, lead trusts,
annuity gift funds, community trusts, foundations, donor-advised funds
and shifting government policies on the estate tax. Add to that an army
of acronyms like CRUT and CRAT, and the giving equation becomes infinitely
more confusing.
We will explain it all here.
O.K., not all. But this is at least a starting point, with brief descriptions
of several popular ways for the wealthy and the middle class to give to
charity. If you are thinking of making a significant charitable contribution
or estate planning, you would be wise to consult a specialist, either a
financial adviser or a lawyer.
That said, here are a few
basics:
IMMEDIATE DONATIONS
People considering a donation
of cash should probably consider giving it away now only if they are certain
they will never need the money. What they will get is the benefit of an
income tax deduction for all or part of the donation.
For people with appreciated
securities like stocks, donating now can make financial sense. Alan S.
Halperin, a trust and estates lawyer at Stroock & Stroock & Lavan
in New York, posed the hypothetical situation of a client with $1 million
in a highly appreciated stock who wanted to cash out, but who also wanted
to make a charitable donation.
“He could give a lump sum
to a public charity – say, $200,000 of the securities,” Mr. Halperin said.
“He would get an immediate income tax deduction of $200,000.
If the person sold the other
$800,000 of stock, the deduction would significantly ease the capital gains,
though the deductible amount would vary.
CHARITABLE GIFT ANNUITY
This allows a contributor
to make a donation to a charity while receiving a fixed income in return.
For the charitably minded who are not wealthy, this is a handy device.
As an example, a charitable
gift annuity from the American Lung Association can cost as little as $5,000.
If a 60-year-old donor bought a $5,000 annuity from the association, the
donor would get a guaranteed payment of $330 a year for life, doing something
nice within his means while also receiving a tax deduction. As the Lung
Association says on its web site: “A charitable gift annuity is a way for
you to give more to help the fight against lung disease than you otherwise
thought possible.”
But the charities had better
manage the money well. If they lose it, they must still pay the donors.
DONOR-ADVISED FUND
For people who want to give
money now but want to wait to decide who should get it, this may be the
tool to use. Again, take the example of the person with $1 million in stock.
This person has not decided on a charity, or maybe he does not want to
give a large amount to one charity all at once.
Donor-advised funds allow
for some of the flexibility of a private foundation, but you do not have
to be rich to use them. They are run by various charities and community
trusts and allow donors to decide who will get their money and when. Some
charities and community foundations require that donors give them a portion
of the donation.
For instance, Cornell University’s
donor-advised fund, which requires a minimum gift of $25,000, stipulates
that half the donation go to Cornell. If your gift is $500,000 or more,
25 percent goes to Cornell. Some mutual fund companies like Fidelity Investments
also offer charitable gift funds. Donors benefit from the fund’s management
expertise but also pay a management fee.
CHARITABLE REMAINDER TRUST
Here is an option for the
wealthy. It allows donors to give money or property to a charity but to
draw income from the assets during their lifetime. The remainder trust
can also be set up to take effect at death, providing income to a spouse
or an heir for a fixed period or until their death. The “remainder” – whatever
is left once the person, spouse or heir dies – then goes to charity.
There are two types of remainder
trusts. The charitable remainder annuity trust, or CRAT, provides a guaranteed
annual income. The charitable remainder unitrust, or CRUT, pays an amount
based on what the assets in the trust are worth.
A remainder trust allows
donors to contribute large sums of money, potentially save on taxes and
draw income from the donation for the rest of their lives. In some cases,
charity can actually be profitable, though it depends on how ling you live
to collect income.
Roy Diliberto, a financial
planner in the Philadelphia area and the president of the Financial Planning
Association, gives an example. A client had an abstract painting that he
had bought for $30,000. The painting was recently auctioned for $8.5 million,
leaving the potential for substantial capital gains.
But before the auction, “we
transferred that painting into a charitable remainder trust and the trust
hired the auction house,” Mr. Diliberto said.
As a result, the capital
gain was tax-free, but the client was able to receive income from the $8.5
million. “It was a very significant amount of money that was saved,” Mr.
Diliberto said.
For a remainder trust set
up during a person’s lifetime, Mr. Halperin suggested a $3 million net
worth as a minimum. How much people want to give, and if they want to use
a remainder trust at all, depend on several factors, including their age
and wealth.
For younger clients, Robert
W. Tull, Jr., a financial planner in Chesapeake, VA, recommended setting
up a trust at death, in case of unforeseen hardships that might require
money down the road. Aside from the income stream, the donation is nonrefundable.
“Once it goes into that trust,”
Mr. Tull said, “you can’t get it back.” |