CHARITABLE REMAINDER TRUST GIFT PLANNING.... including the FULL-MONTY CRUT CONRAD TEITELL, LL.B., LL.M*

Similar documents
ALI-ABA Course of Study Charitable Giving Techniques

CHARITABLE REMAINDER TRUSTS

CHARITABLE REMAINDER TRUSTS. The American College of Trust and Estate Counsel

Life Income Gifts 4/19/2016. How a Life Income Gift Works. Rebecca E. Dupras, Esq. Vice President of Development Silicon Valley Community Foundation

Charitable Trusts. Charitable Trusts

Presented by Richard D. Cirincione 677 Broadway Albany, NY Direct: Fax:

CHARITABLE GIFTS. A charitable gift has a number of different tax benefits, which benefits differ if the gift is made during life or at death.

Charitable Remainder Trust

WHAT S NEW IN PLANNED GIVING AND WHY PRESENTED TO THE TAMPA BAY PLANNED GIVING COUNCIL NOVEMBER 15, 2000

Using Your Assets to Promote your Values. Lawrence M. Lehmann, JD, AEP, CAP Lehmann Norman & Marcus LC

Charitable Remainder Trust

A Guide to Planned Giving

A Gift for All Seasons: Matching Planned Giving Alternatives to Donor Objectives. 41st Annual MPGC Conference November 15-16, 2017

PRACTICAL TIPS FOR CHARITABLE PLANNING

Kingdom Advisors Charitable Giving Tool Kit

CHARITABLE REMAINDER ANNUITY TRUST VS. UNITRUST. Presented for Valued Client

numer cal anal ysi shown, esul nei her guar ant ees nor ect ons, and act ual esul may gni cant Any assumpt ons est es, on, her val ues hypot het cal

Planned Giving. For Beginners

ANITA J. SIEGEL, ESQ. Siegel & Bergman, LLC 365 South Street Morristown, NJ Fax

Charitable Trusts David Nunheimer The Small Business & Estate Planning Law Group 26 George Ryder Road West Chatham, MA

December th year

TABLE OF CONTENTS. Page

Irrevocable Gift Vehicles

A Guide to Planned Giving

What s Hot In Charitable Planning? Janet Bandera, J.D., rated AV Preeminent

Comprehensive Charitable Planning

Charitable Remainder Trusts

Charitable Planning CLIENT GUIDE

The SMITH TRUST THE SMITH TRUST

SUMMARY: This document contains final regulations that provide rules for determining

Comprehensive Charitable Planning

Investment and Estate Planning Opportunities for High Net Worth Individuals in 2013

Pointers in Selecting Assets to Fund Charitable Trusts

Charitable Remainder Trusts

Charitable Planning Opportunities

Thursday, September WRM# 14-35

PRACTICAL CHARITABLE PLANNING EXAMPLES THAT DON T REQUIRE YOU TO BE A TAX EXPERT. THE ABCS OF CRATS, CRUTS, CLATS AND CLUTS.

COPYRIGHTED MATERIAL. Contents. About the Authors Preface xxi

Form 5227 Reporting: Charitable Split-Interest Trusts, NIIT Calculations, and More

CHAPTER 16 Charitable Gift Transfers

THE MAGIC OF CHARITABLE GIVING Win-Win Strategies That Benefit Both the Charity and the Donor (ILLUSTRATIONS BASED ON RATES AND TAXES FOR APRIL 2014)

CHAPTER 16 Charitable Gift Transfers

EXPLORING THE FUTURE OF GIFT PLANNING 2017 WESTERN REGIONAL PLANNED GIVING CONFERENCE

Charitable Trusts. proof

New Developments: Charitable Remainder Trusts in the New Economic Environment

2016 Charitable Giving Review

4/26/2018 (c) William P. Streng 1

The best-laid philanthropic plans sometimes go astray. Priorities

A SIGNATURE PROGRAM OF INDIANA GRANTMAKERS ALLIANCE

Four Tier Accounting for Charitable Remainder Trust. Richard C. Capasso, CPA, CFP, PFS

Understanding CRTs. A Summary of Charitable Remainder Trusts (CRTs) VLC

CHARITABLE REMAINDER TRUSTS: CHARITY CAN BEGIN AT HOME

The Charitable Lead Trust

Selected Subchapter J Subjects: From the Plumbing to the Planning, Preventing Pitfalls with Potential Payoffs January 24, 2018

Planned Giving Glossary

Double Discounted Transfers

Charitable Gifting: Overview and Tax Implications

EXHIBIT A. Nadex Rule Asset Duration/ Close Time

How To Coordinate Charitable Contribution Planning Opportunities with Business Succession Planning: The Charitable Lead Trust

Charitable Gifting: Overview and Tax Implications. Overview. Tax Implications - Charitable Deduction Rules

GEORGIA STATE UNIVERSITY FOUNDATION, INC.

The Honorable Ronald L. Wyden, Chairman The Honorable Dave Camp, Chairman

Converting Ordinary Income Into Capital Gains Using The Early Termination Of Private Trusts And Charitable Remainder Trusts

Arthritis Foundation Texas Chapter Planned Giving Seminar May 20, 2010 PLANNING WITH CHARITABLE REMAINDER TRUSTS

Gifts, Conversions, and Sales of Income and Annuity Interests

Form 1041 Schedule D: Reporting Capital Gains for Trusts and Estates

Charitable Remainder Unitrust. Planned Charitable Giving Using a Split-Interest Trust

Charitable Contribution Deduction

Revised Form 5227 Reporting: Charitable Split-Interest Trusts, NIIT Calculations, and More

Charitable Giving: Tax Benefits and Strategies

Alliance Community Foundation

CHARITABLE GIFTING AND THE CLOSELY HELD BUSINESS OWNER

ALI-ABA Course of Study Estate Planning for the Family Business Owner

Bring SPF. Take CPE. JULY 6, 7, & 8. Ocean City, MD Clarion Resort Fontainebleau Hotel

Leaving a Legacy. Your Guide to Charitable Giving

A PLANNED GIVING PRIMER

A Guide to. Planned Giving

Adventures in Charitable Planning. Robert W. Dietz, CFA Director Wealth Strategies

Form 5227 Reporting: Mastering Compliance With Charitable Split-Interest Trusts, NIIT Calculations, and More

Income Inclusion for Corporations that are Members of Single-Tier Partnerships (2011 and later tax years)

Note: Each Planned Giving Officer is responsible for obtaining copies of wills, final trusts documents and other supporting documentation.

Charitable Remainder Annuity Trust. Planned Charitable Giving Using a Split-Interest Trust

Recommendations for Guidance Addressing Treatment of Early Terminations of Charitable Remainder Trusts ("CRTs")

Stupid Charitable Tricks:

2011 Charitable Giving Review

Charitable Planning Through Deferred Giving Vehicles

Jeffrey P. Geida Weinstock Manion 1875 Century Park East, Suite 2000 Los Angeles, CA Tel: (310) Fax: (310)

Charitable Lead Trusts in the New Tax Landscape

HERMENZE & MARCANTONIO LLC ADVANCED ESTATE PLANNING TECHNIQUES

How the 3.8% Medicare Surtax Affects Charitable Giving

GST and Form 709: Fundamentals of Generation-Skipping Transfer Tax Reporting

ESTATE AND TAX PLANNING AND CHARITABLE GIVING

Charitable Planning in a New Era

Top 10 Income Tax Planning Ideas for 2013

Charitable Split-Interest Trusts and Form 5227

Planning Your Exit: Strategies for Real Estate Investors to Mitigate Capital Gains

For a more detailed overview, see Charitable Remainder Trusts, 2. Treas. Regs (a)(5)(i).

Building Charitable Trusts Into A Client s Estate, Tax And Family Planning

Beyond Charitable Rollovers Leveraging Large IRAs into Large Charitable Gifts

Charitable Remainder and Pooled Income Trusts 541-B. Form 541-B C Side 1 ( )

Transcription:

CHARITABLE REMAINDER TRUST GIFT PLANNING... including the FULL-MONTY CRUT by CONRAD TEITELL, LL.B., LL.M* American Law Institute-American Bar Association June 27, 2002 WARNING: MAY CAUSE DROWSINESS *A principal in the Connecticut- and Florida-based law firm of Cummings & Lockwood, resident in the firm s Stamford office. He is an adjunct visiting professor at the University of Miami School of Law and holds an LL.B. from Columbia University Law School and an LL.M. from New York University Law School. Conrad Teitell 2002

CHARITABLE REMAINDER TRUST GIFT PLANNING... including the FULL-MONTY CRUT TABLE OF CONTENTS I. CHARITABLE REMAINDER UNITRUSTS (CRUTS) AND ANNUITY TRUSTS (CRATS) A. High-speed overview 1 B. The FLIP-CRUT 3 C. Capital gain NIM-CRUTs post-transfer-to-the-trust capital gain allocation to income ok but not pre-transfer-to-the-trust gain 9 D. Adding a flip provision to existing NIM-CRUTs and patching up existing defective FLIP-CRUTs 12 E. Scrivener's error route to STAN-CRUT from NIM-CRUT or NI-CRUT 15 F. Annual valuation of CRUT with unmarketable assets 16 G. After year-end grace period for STAN-CRUT and CRAT payments 19 H. Four-tier payment rule also applies to NIM-CRUTs and NI-CRUTs confirmation of 1972 regulation 23 I. Valuing gift to family member who is a successor beneficiary of a NIM-CRUT or NI-CRUT 24 J. NIM-CRUTS that invest in deferred annuities and controlled partnerships 26 K. Five problem issues watch your step 27 L. CRUTs and CRATs must meet 10% minimum remainder interest (10% MRI) and 50% maximum annual payout (50% MAP) requirements 29 M. Unitrusts and annuity trusts are exempt from taxation. IRC 664(c) 41 N. Governing instrument requirements 41 O. Income tax aspects. 47 P. Caveat 47

Q. Capital gain 48 R. Major benefits of charitable remainder unitrusts and annuity trusts 48 S. Gift tax rules including marital deduction rules 49 T. Estate tax rules including marital deduction rules 54 U. Q-TIP/CRUT COMBO a better plan 57 V. Imperfectly operated charitable remainder annuity trust disqualified 60 W. Tax-exempt unitrusts and annuity trusts. 66 X. Gift of remaining life interest after gift of remainder interest, thereby accelerating charitable remainder 67 Y. Collapsing a CRUT and dividing assets between beneficiary and charitable remainder organization 70 Z. Collapsed NI-CRUT OK if income beneficiary healthy 72 AA. Swap of CRUT life interest for gift annuity 74 BB. CLAT trustee removed and surcharged failure to diversity. Implications for charitable remainder trusts too 75 i CC. H and W sever the knot and their CRUT 78 DD. Abusive CRT regulations (T.D. 8926, 2001-6 I.R.B. 492, issued 2/5/01) 80 EE. Income redefined for CRTs, PIFs, other trusts proposed regs 82 FF. The proposed regulations 84 GG. Charitable remainder unitrusts 85 HH. Pooled income funds 86 II. What to do (or not do) now 87 JJ. Reforming defective CRTs

88 KK. Requirements for IRS to accept a faulty CRT s reformation IRC 2055(e)(3) deciphered 89 LL. Reforming a defective CRT a primer 90 MM. Tale of CRT that couldn t be reformed to satisfy IRS 91 NN. Will contest settlement saves deduction 92 OO. Prohibited contribution returned CRUT saved 93 II. POOLED INCOME FUNDS A. The basics 94 B. Gift tax rules including marital deduction rules 96 C. Estate tax rules including marital deduction rules 99 D. Planning considerations 102 E. Reforming defective pooled income funds to qualify for tax benefits 107 F. Combining identical pooled income funds 107 G. Pooled funds of merging charities 108 H. The Philanthropy Protection Act of 1995 109 III. GIFT OF REMAINDER IN PERSONAL RESIDENCE OR FARM A. Basics 109 B. Gift tax rules including marital deduction rules 110 C. Estate tax rules including marital deduction rules 112 D. Planning considerations 116 IV. CHARITABLE GIFT ANNUITIES A. Basics 120 B. Gift tax charitable deduction

123 C. Estate tax charitable deduction gift annuities created during donor's lifetime 125 D. Gift annuities by will 127 E. Planning considerations 128 F. Philanthropy Protection Act of 1995 (P.L. 104-62) 129 G. The deferred payment gift annuity 130 ii V. USING TREASURY TABLES TO VALUE SPLIT-INTEREST GIFTS A. Background 134 B. The tables' components interest and mortality 137 C. The two-month lookback 139 D. Making the election to use the two-month lookback 139 E. Wrinkle for charitable remainder annuity trusts the "5% probability" test 140 F. Pooled income funds 140 G. Wrinkle for charitable gift annuities 140 VI. SPECIMEN AGREEMENTS SPECIMEN CHARITABLE REMAINDER UNITRUST STAN-CRUT, ONE-LIFE 142 NIM-CRUT, TWO-LIFE, DONOR'S SEPARATE PROPERTY 149 FLIP-CRUT, TWO-LIFE, DONOR'S SEPARATE PROPERTY 157 SPECIMEN CHARITABLE REMAINDER ANNUITY TRUST