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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.
A charitable remainder unitrust (CRUT) pays a percentage of the value of the trust each year to noncharitable beneficiaries. The payments generally must equal at least 5% and no more than 50% of the fair market value of the assets, valued annually.
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.
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.
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.