Goal: To receive a stream of income in return for your gift while enjoying the benefit of a substantial charitable deduction.

Minimum Gift: $100,000

While the charitable gift annuity (CGA) is the more popular means of making a life-income gift, a charitable remainder trust may be the better option for a particular segment of the population.

Although the simplicity of the CGA can be very appealing, those with a significant amount of highly appreciated assets that generate low returns may be better served to establish a charitable remainder trust. Since a charitable remainder trust is tax-exempt, assets may be sold without capital gains tax. This leaves the full value of the asset available for investment by the trust. This reinvestment may result in an income stream that exceeds the pre-trust performance of the asset.

There are two types of charitable remainder trusts – charitable remainder unitrust (CRUT) and charitable remainder annuity trust (CRAT). The CRUT and CRAT work similarly to the CGA in that a gift is made, an annual payment is made to the beneficiary, and Lafayette receives the remainder at the termination of the trust.

CRUT vs. CRAT

There are two types of charitable remainder trusts – a charitable remainder unitrust and a charitable remainder annuity trust.  The vehicles are similar except for a few key distinctions:

  1. Charitable Remainder Unitrust
    1. Additional contributions to the trust may be made at any time.
    2. A CRUT is revalued every year with the annual payout (higher or lower) based on investment performance and the updated value of the trust.
      For example: Start with a $300,000 trust and a 5% payout. Year 1 investment earnings equal 6%.Year 1 payout to beneficiary is $15,000.
      Trust is revalued for Year 2 to $303,000.
      (6% earnings minus 5% Year 1 payout).

      Year 2 payout to beneficiary is $15,150 ($303,000 x 5%).

  2. Charitable Remainder Annuity trust
    1. Additional contributions to the trust are prohibited.
    2. A CRAT offers an annual payout that remains the same through the life of the trust regardless of investment performance.
    3. The CRAT must pass a test which requires that there is less than a 5% probability of corpus exhaustion before the end of the trust.
      For example: Start with a $300,000 trust and a 5% payout. Year 1 investment earnings equal 6%.Year 1 payout to beneficiary is $15,000.
      Trust is revalued to $303,000
      (6% earnings minus 5% Year 1 payout).

      Year 2 payout to beneficiary continues to be $15,000.

Differences between a Charitable Gift Annuity and a Charitable Remainder Trust?

CGA CRT
Beneficiaries: One-Life or Two-Lives One or more lives
Term: For the life of the beneficiary(ies) For the life of the beneficiary(ies);
Or a term of up to 20 years
Charities: One charity as remainder beneficiary One or more charities as remainder beneficiary
Payment: Payment to beneficiary guaranteed by charity Payment as long as trust has income or assets to payout
Regulated by: Contract law Trust law
Amount: Usually, but not always, smaller amounts Usually larger amounts
Contribution: Only an initial contribution to establish Additional contributions permitted (CRUT only)
Payout Rate: Rate based on annuitant age Rate negotiated
Risk of Loss: Charity Trustee and beneficiary
Taxation: Clear in annuity agreement; Unchanging Based on trust investments and timing of income distribution
Other: Irrevocable; Charity can’t be changed Depending on trust, charity(ies) may be changed

 

Joe Samaritano ’91

Director of Gift Planning

307 Markle Hall
Easton, PA 18042
samaritj@lafayette.edu

This information is not intended as tax, legal, or financial advice. Gift results may vary. Consult your personal adviser for information specific to your situation