New Mexico Charitable Remainder Unitrust

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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

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.

The trust itself is tax-exempt and contributions are eligible for a partial tax deduction. Trust income, however, is taxable to the beneficiaries. A charitable remainder unitrust pays a fixed percentage of the trust's value, as determined on an annual basis.

Any income that you receive from your charitable trust could reduce the total contribution that you end up leaving to your charity. You may risk leaving nothing to your charity if you plan to receive high payments from the trust while you're alive.

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.

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.

CRUT lie in what the trust pays out on a yearly basis and whether additional contributions are permitted once the trust has been created. With a CRAT, the annuity amount paid each year is fixed. Once you establish a CRAT and make the initial contribution, no further contributions are allowed.

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.

A charitable remainder trust is a tax-exempt irrevocable trust designed to reduce the taxable income of individuals. A charitable remainder trust dispenses income to one or more noncharitable beneficiaries for a specified period and then donates the remainder to one or more charitable beneficiaries.

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.

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New Mexico Charitable Remainder Unitrust