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Charitable Remainder Trusts
When is a Charitable
Remainder Trust (CRT) most often used?
A CRT is an especially good
tool to use in an estate plan which includes assets that have a low
cost basis (ie, they have greatly appreciated in value). If the
appreciated asset is sold without the benefit of a trust, there
would be unfavorable capital gains tax issues. That is, there would
be a tax due, at about a rate of 20%, on the difference in price
between what the property sells for minus what the property was
acquired at, plus the cost of capital improvements, if applicable. A
CRT allows you to transfer the property into a trust and allow the
trust, rather than you personally, to sell the trust. Because the
assets within the trust are for the benefit of a charity of your
choosing, there is no capital gains tax issue. Additionally, you are
able to reduce your income taxes by using the charitable deduction.
This is usually done by spreading out the deduction over a several
year period to maximize the benefit of your deduction.
You may be wondering how
this charitable gift affects the net value of your estate that will
be left to your heirs. The tax savings that result from the
charitable donation are used to purchase a life insurance policy to
replace the money donated, and, in many cases, results in the
settlor (person creating the trust) leaving more to his heirs
than would be possible without the use of a trust.
A CRT is an irrevocable
trust from which you draw income. There are several ways the CRT can
be set up, providing for different ways for the income to be
dispersed, depending on your individual situation. The advice of an
attorney competent in advanced estate planning is necessary to
ensure the proper creation and funding of your CRT as well as to
help plan ways for you to maximize the benefits of the applicable
tax deduction that results from your creation of a CRT.
Many people find this to be
a wonderful way to benefit their heirs financially while at the same
time providing financial assistance to their favorite charity(s).
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