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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.
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.
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.
The present value of the remainder interest is determined by multiplying the fair market value of the property on the valuation date by the appropriate remainder factor.
Example of a CRAT For example, a CRAT with an initial value of $4,000,000 and a 5% payout would pay $200,000 annually to the income beneficiary regardless of whether the economic performance of the trust was good or poor.