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How to Set up a Charitable Remainder Trust Create a Charitable Remainder Trust. Check with the IRS that the charity you want to benefit is approved. Transfer assets into the Trust. Name the charity as Trustee. Create a provision that states who the lead beneficiary is - remember, this can be yourself or someone else.
Namely, that refers to the Charitable Remainder Trust 10 Percent Rule. At the end of the day, this rule makes it so that you must donate at least 10 percent of the fund to the charity of your choice at the end of the trust term (whether that means years or decades down the road).
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.
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.
A charitable lead annuity trust (CLAT) is an irrevocable split-interest trust that provides for a specified amount to be paid to one or more charitable beneficiaries during the term of the trust.