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A charitable trust is a trust which you establish to distribute assets to a charity. A charitable remainder trust distributes assets to named beneficiaries first, then distributes any remaining assets to charity.
The trust can also be used to reduce estate tax liabilities and ensure professional management of the assets. A disadvantage of a testamentary trust is that it does not avoid probatethe legal process of distributing assets through the court.
Types of Trust Generally, there are two types of trusts in India: private trusts and public trusts. While private trusts are governed by the Indian trusts Act, 1882, public trusts are divided into charitable and religious trusts.
Charitable remainder trust A CRT is an irrevocable trust that is funded with cash or securities. The CRT provides the donor or other beneficiaries with a stream of income with the remaining assets in the trust reverting to the charity upon your death or the expiration of the trust period.
In legal terms, a Private Trust is a fiduciary relationship that grants a beneficiary the right to money or property. Private Trusts can survive the Grantor's death, and may also be created through direction in a Living Will. In the latter case, the Trust will be formed after the Grantor's death.
The charitable income beneficiary can be a public charity or a private foundation. Additionally, more than one charity can be the income beneficiary. It's important to note that the income tax deduction available to grantor CLTs varies depending upon the type of charity.
Public charitable trust can be created in India can be created by any person who is competent to contract for purposes which include relief of poverty, education, medical relief, the advancement of any object of general public utility, etc., A public trust can be registered or unregistered.
There are two main types of charitable trusts charitable lead trusts (CLTs) and charitable remainder trusts (CRTs).
A charitable trust is essentially a way to set up your assets to benefit you, your beneficiaries and a charity all at the same time. A charitable trust could offer many financial advantages for philanthropically minded individuals with nonessential assets, such as stocks or real estate.
The bylaws and objectives of the trust should be for charitable purposes only. The trust should be having regular maintenance of accounts and regular audit of the same. There should be no irregularity in filing of income tax returns.