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Government regulations determine this amount, which is essentially calculated by subtracting the present value of the annuity from the fair market value of the property and/or cash placed in the trust. The balance is the amount that the grantor can deduct when the grantor contributes the property to the trust.
IRA owners can fund a CRT by either using their entire IRA distribution or over a period of years. The unitrust is preferred because it allows the owner to make contributions after the first year, and the beneficiary is not required to make withdrawals.
The deduction is limited to the present value of the charitable organization's remainder interest. This is calculated as the value of the donated property minus the present value of the annuity.
With respect to charitable remainder annuity trusts (CRATs), the IRS takes the position that the trust is disqualified for a charitable deduction if there is a greater than 5% probability that the income beneficiary will survive the exhaustion of principal [Rev. Rul. 77-374, 1977-2 C.B. 329; see also Ltr.
In either type of CRT (unitrust or annuity trust), the Internal Revenue Service (IRS) requires that the payout rate stated in the trust cannot be less than 5 percent or more than 50 percent of the initial fair market value of the trust's assets.