Inter Vivos Grantor Charitable Lead Annuity Trust

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Multi-State
Control #:
US-03286BG
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Description

A Grantor 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. The principal remaining in the trust at the end of the term is paid over to, or held in a continuing trust for, a non-charitable beneficiary or beneficiaries identified in the trust. If the terms of a CLAT created during the donor's life satisfy the applicable statutory and regulatory requirements, a gift of the charitable lead annuity interest will qualify for the gift tax charitable deduction under § 2522(c)(2)(B) and/or the estate tax charitable deduction under § 2055(e)(2)(B). In certain cases, the gift of the annuity interest may also qualify for the income tax charitable deduction under § 170(a). The value of the remainder interest is a taxable gift by the donor at the time of the donor's contribution to the trust.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Transfers to charitable lead trusts during lifetime can provide tax benefits to the donor, and can avoid inclusion of the transferred property in the gross estate of the donor for federal estate tax purposes at death.

It is widely understood that a CRUT can hold an Unmarketable Asset and that the grantors can act as trustee. However, an Independent Trustee should be considered and may be required in certain circumstances, such as valuing the Unmarketable Asset.

Currently, a trust is required to file income tax returns if, during a taxable year it has gross income of $600 or more, or any amount of taxable income.Because a charitable remainder trust is ordinarily tax-exempt, the trust will calculate net income at the trust level, but will pay no tax.

A charitable lead trust is an irrevocable trust designed to provide financial support to one or more charities for a period of time, with the remaining assets eventually going to family members or other beneficiaries. Charitable lead trusts are often considered to be the inverse of a charitable remainder trust.

A charitable lead trust works by donating payments out of the trust to charity, for a set amount of time. After that period expires, the balance of the trust is then paid out to the beneficiary.

Advantages of a Charitable Trust Charitable trusts provide more tax benefits than just income tax deductions. If set up correctly, they can also reduce estate taxes and preserve the value of highly appreciated assets that you may have in your portfolio.

CRTs are exempt from income tax. The CRT assumes the grantor's adjusted cost basis and holding period in the property. If the CRT sells appreciated property, neither the grantor nor the CRT will pay immediate income tax on the sales.

All qualified and nonqualified nongrantor charitable lead trusts are required to file Form 1041 U.S. Income Tax Return for Estates and Trusts. Inter vivos nongrantor trusts are required to make estimated tax payments.

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Inter Vivos Grantor Charitable Lead Annuity Trust