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 a charity with income.
During a specified number of years, the lives of one or more individuals, or a
combination of the two, an annuity or a fixed percentage of the trust assets is
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.
Two
Types of Charitable Lead Trusts
There
are two basic types of CLTs: 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 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 for that income. 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.
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