California Charitable Remainder Unitrust

State:
Multi-State
Control #:
US-04339BG
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Word
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Description

A Unitrust refers to a trust from which a fixed percentage of the net fair market value of the trusts assets valued annually, is paid each year to a beneficiary. In these trusts, the donor transfers property to a trust after retaining the right to receive payments from the trust for a specified term. Once the term ends, the trust estate is paid to a public charity designated by the donor. During a unitrust's term, a trustee invests the unitrust's assets and pays a fixed percentage of the unitrust's current value, as determined annually, to the income beneficiaries. If the unitrust's value goes up, its payout increases proportionately. Likewise, if the unitrust's value goes down, the amount it distributes also declines. Payments must be at least five percent of the trust's annual value and are made out of trust income, or trust principal if income is not adequate.

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FAQ

Setting up a charitable remainder trust (CRT) requires careful planning. Begin by deciding on the assets you wish to contribute and selecting a trustworthy administrator. After drafting the trust document, you can establish the trust through legal channels. Leveraging resources like US Legal Forms can simplify this setup, providing you with essential documents and instructions.

Unitrust payouts are taxable. With a CRT, the donor must pay tax on the income stream, which is categorized into four tiers: (1) Ordinary income and qualified dividends, (2) capital gains (short-term, personal property, depreciation, long-term gain), (3) other tax-exempt income; and (4) return of principal.

Yes, in most cases you can name yourself (and/or spouse) as trustee. As a matter of fact, according to a recent IRS Statistics of Income Bulletin, trust grantors or beneficiaries were the most common listed trustee of charitable remainder trusts.

By using a Unitrust, sometimes called a Total Return Trust, everybody gains. A Unitrust provides that the income beneficiary instead of receiving the income from the trust, receives a set percentage of the net asset value (NAV) of the trust determined annually and usually paid monthly.

How to Set up a Charitable Remainder TrustCreate 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.More items...

Distributions from a charitable remainder unitrust are taxed to income recipients based on what is known as the four-tier system of taxation. The system prioritizes the order in which income is distributed from the trust.

A charitable remainder unitrust (also called a CRUT) is an estate planning tool that provides income to a named beneficiary during the grantor's life and then the remainder of the trust to a charitable cause. The donor or members of the donor's family are usually the initial beneficiaries.

The minimum funding amount to establish a charitable remainder unitrust with Stanford as trustee is at least $200,000, with the actual minimum determined based on the term of the trust and the payout rate.

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.

These trusts, which cost around $1,000 to set up, can be prepared by any attorney familiar with estate planning.

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California Charitable Remainder Unitrust