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If the merger doctrine doesn't apply under governing state law, a court order may be required to terminate the trust. Some states may require the attorney general's involvement in a CRT's early termination, whether or not a court order is necessary.
At the end of the term, the trust terminates and the non-charitable beneficiaries receive whatever assets remain in the trust. A CLAT files both a Form 1041 and a Form 5227.
The payments to a non-charitable beneficiary are taxed as distributions of the trust's income and gains in the following order: Ordinary income: Payments are considered ordinary income first to the extent the trust had ordinary income for the year and undistributed ordinary income from prior years.
What Happens if a Charitable Remainder Trust Runs Out of Money? If a Charitable Remainder Trust starts to run out of money during the term when the lead beneficiary is receiving regular payouts, the dollar amount will likely decrease as the principal of the Trust assets shrink.
The Attorney General's Registry of Charitable Trusts requires a letter notifying the Registry of the decision to dissolve and requesting a waiver of objections to dissolution and distribution of assets.