Charitable Remainder Trusts: A Strategic Tool for Philanthropy and Wealth Planning

For high-net-worth individuals looking to balance philanthropic aspirations with wealth preservation and tax efficiency, Charitable Remainder Trusts (CRTs) offer a compelling solution. CRTs allow donors to convert highly appreciated assets into a steady income stream, benefiting charitable organizations.

CRT Basics
  • Assets that can be contributed: Cash, publicly traded securities, real estate, artwork, and certain types of closely held stock.
  • Tax benefits:

○        Immediate charitable tax deduction may be available to the donor based on the present value of the charitable remainder interest. The deduction is calculated using IRS actuarial tables and depends on the payout rate, the donor’s age, and interest rates. This deduction can offset taxable income in the donation year and be carried forward for up to five additional years if it exceeds annual deduction limits.

○        Capital gains tax deferral on assets transferred to the trust.

○        Investments within the trust grow tax-free.

  • Income considerations:

○        Beneficiaries receive annual income payments, taxed as ordinary income, capital gains, other income, or return of principal, depending on the trust’s earnings.

○        Payments continue for a fixed term (up to 20 years) or the lifetime of one or more beneficiaries.

  • Charitable remainder: At least 10% of the initial fair market value of all trust property must go to one or more charities, which can be changed during the trust term.
  • Irrevocability: Once assets are transferred into a CRT, the trust cannot be altered, and neither donors nor beneficiaries can borrow from it or change payment structures.
Types of Charitable Remainder Trusts

CRTs come in two primary forms, each with distinct advantages and drawbacks.

Charitable Remainder Annuity Trust (CRAT)

A CRAT provides a fixed annuity rate, ensuring a predictable income stream for beneficiaries. The annuity is calculated as a fixed percentage, typically between 5% and 50%—of the initial trust value, offering stability regardless of market fluctuations. However, no additional contributions can be made once the trust is funded.

The primary advantage of a CRAT is its predictable, stable income, making it an attractive option for individuals who need reliable annual payments. However, the fixed nature of the annuity means that the income does not adjust for inflation, potentially reducing purchasing power over time. Additionally, the inability to add assets after the initial funding limits flexibility for those who may want to contribute more.

Charitable Remainder Unitrust (CRUT)

A CRUT pays a fixed percentage typically between 5% and 50% of the trust’s value, which is recalculated annually. This means that income distributions fluctuate based on the trust’s investment performance, providing the potential for growth if the assets appreciate. Unlike CRAT, a CRUT allows donors to make additional contributions over time, offering greater flexibility.

One of the key advantages of a CRUT is the potential for increasing income, making it an appealing option for those who want their distributions to keep pace with investment growth. However, because payments are tied to market performance, income can be unpredictable, making it less suitable for those who need a fixed, stable payout. Furthermore, CRUT management requires ongoing oversight to ensure compliance and effective investment management.

Considerations and Drawbacks

While CRTs provide significant advantages, they are not suitable for everyone:

  • Irrevocable structure: Assets transferred cannot be reclaimed.
  • Income limitations: Beneficiaries cannot receive more than the trust document allows, even if financial needs change.
  • Inflation risk: Fixed payments may not keep pace with inflation in CRAT.
  • Family wealth transfer: Remaining funds must go to charity, not heirs.
  • Administrative burden: Requires filing a separate tax return for the trust.

Who Should Consider a CRT?

CRTs are particularly advantageous for:

  • Donors looking for a strategic way to give to charity while maintaining an income stream.
  • Individuals with low-basis assets: CRTs allow donors to avoid capital gains tax and defer income tax.
  • Those seeking estate tax mitigation: Transferring assets to a CRT removes them from the taxable estate.
  • Individuals experiencing a high-tax year: A CRT contribution can provide a large deduction in the year the trust is created, which offsets a high-income year.
Final Thoughts

A Charitable Remainder Trust is a powerful tool for high-net-worth individuals looking to balance financial security with philanthropy. By selecting the right type of CRT and structuring it in alignment with your financial goals, you can create a legacy while optimizing your tax situation. If you’re considering a CRT, contact your wealth consultant to learn more, or take our client compatibility survey. Adding assets over time provides further tax planning and charitable giving opportunities.

The information provided is general in nature and should not be considered legal or tax advice. Consult an attorney, tax professional, or other advisor regarding your specific legal or tax situation. The items included in this publication are our opinion as of the date of this piece, not all encompassing, and are subject to change without notice. This material has been prepared or is distributed solely for informational purposes and is not a solicitation or an offer to buy any security or instrument or to participate in any trading strategy. Any tax or legal advice contained in this communication is not intended as a thorough, in-depth analysis of specific issues, nor a substitute for a formal opinion, nor is it sufficient to avoid tax-related penalties.   

DISCLOSURE: Securities highlighted or discussed in this communication are mentioned for illustrative purposes only and are not a recommendation for these securities. Evergreen actively manages client portfolios and securities discussed in this communication may or may not be held in such portfolios at any given time. This material has been prepared or is distributed solely for informational purposes only and is not a solicitation or an offer to buy any security or instrument or to participate in any trading strategy. Any opinions, recommendations, and assumptions included in this presentation are based upon current market conditions, reflect our judgment as of the date of this presentation, and are subject to change. Past performance is no guarantee of future results. All investments involve risk including the loss of principal. All material presented is compiled from sources believed to be reliable, but accuracy cannot be guaranteed and Evergreen makes no representation as to its accuracy or completeness.

  • Categories