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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.
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.
Ruling 77-374. If an individual establishes a charitable remainder trust for his or her life only, the trust assets will be included in his or her gross estate under IRC section 2036. The amount included, however, will ?wash out? as an estate tax charitable deduction under IRC section 2055.
To claim a tax-deductible donation, you must itemize on your taxes. Your donation must meet certain guidelines to qualify. The amount of charitable donations you can deduct may range from 20% to 60% of your AGI.
Charitable gifts of principal are not deductible. No adjusted-gross-income limitation is applied to these gifts, however, so trusts and estates can claim a deduction for up to 100% of their taxable income.