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Charitable remainder annuity trusts (CRATs) distribute a fixed annuity amount each year, and additional contributions are not allowed. Charitable remainder unitrusts (CRUTs) distribute a fixed percentage based on the balance of the trust assets (revalued annually), and additional contributions can be made.
Charitable remainder unitrust This type of trust provides that a fixed percentage (at least 5% of the fair market value of the assets in the trust, computed annually) be paid to the income beneficiaries at least once per year for their lifetime or for a term of up to 20 years.
G. California Tax Exemption A charitable remainder annuity trust or a charitable remainder unitrust is exempt from California income tax, except for years when it has unrelated business taxable income (UBTI). Even though exempt from California income tax, such a trust must file Form 541-B for the calendar year.
Payments from a charitable remainder trust are taxable to the non-charitable beneficiaries and must be reported to them on Schedule K-1 (Form 1041), Beneficiary's Share of Income, Deductions and Credits.
The payout percentage of the trust must be at least 5% and can go higher as long as the charitable deduction does not drop below 10% of the amount transferred.