Plan a Gift from a Larger Estate

Charitable Lead Trust (CLT)

Charitable lead trusts (CLT) are often viewed as the opposite
of a charitable remainder trust. A donor transfers property to the lead trust,
which pays a percentage of the value of the trust assets, usually for a term
of years, to the Church or one of its institutions. At the end of the trust
term, the remaining assets in the trust and any growth it has realized are passed
to your heirs. Although there is no income tax deduction when you create a charitable
lead trust, your gift or estate tax is greatly discounted and any growth is
passed to your heirs gift and estate tax free. It is one of the only transfer
devices currently used that can discount the value of the original assets and
result in little or no taxes. At the same time, you fulfill your charitable
desires.
The typical donor:
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Has a moderate to large taxable estate. |
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Has given to charities in the past. |
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Holds assets with growth potential. |
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Desires to pass certain assets to heirs. |
Gift features and benefits:
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Gift and estate tax deduction on the value of assets transferred |
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Growth transferred tax free |
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Perpetuates a tradition of charitable giving |
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Management of assets transferred |
How Do I Make a Gift Using a Charitable Lead Trust?

A nongrantor charitable lead annuity trust document, the
form of charitable lead trust most commonly used, is tailored to your needs
by your legal professionals, with the assistance of LDS Philanthropies's professional
staff. You transfer appropriate assets to the trustee of the charitable lead
annuity trust. The assets may be sold or retained, depending on the objectives
desired. The trust pays a percentage of the original trust value to the Church
or one of its institutions. Unlike a charitable remainder trust, a charitable
lead annuity trust creates no income tax deduction to you, but the income earned
in the trust is not attributed to you. The trust itself is taxed according to
trust rates. The trust receives an income tax deduction for the income paid
to charity.
The real value of using a charitable lead annuity trust is that
the original asset values receive a gift and estate tax deduction based on the
value of the income stream given to charity. Excess earnings and growth add
to the value of the trust corpus. Each year as the charitable lead annuity trust
corpus grows, the percentage paid to the charity represents a smaller percentage
of the total trust value. At the end of the trust term, the trust terminates
and all the assets in the trust, including growth, are transferred to your heirs
without further gift or estate tax.
Before you begin, you should be sure to involve your financial
and legal advisors as part of your gift-strategy team. A nongrantor charitable
lead annuity trust is only effective as part of an overall financial and estate
plan. LDS Philanthropies's professional staff can assist you and your advisors in
the implementation of a nongrantor charitable lead annuity trust within your
overall estate plan.
Other Facts You Should Know About a Charitable
Lead Trust
There are two general types of charitable lead trusts—a
grantor charitable lead trust and a nongrantor charitable lead trust. Each can
be in the form of a unitrust or an annuity trust. A grantor charitable lead
trust provides an income tax deduction on its creation to the grantor (donor);
however the grantor is taxed on the income paid to the charity. There are limited
uses for grantor charitable lead trusts in both the unitrust and annuity variations.
Therefore, a majority of estates use a nongrantor charitable lead annuity trust.
A nongrantor charitable lead annuity trust is primarily used in
conjunction with an overall estate plan to provide a vehicle that not only greatly
reduces the gift and estate tax on the transfer of high growth assets to heirs,
but also provides a transfer of the growth tax free. Often you can remain as
the trustee during the term of the trust to control management of its assets.
Not only is the income from the trust paid to charity and not taxed to you,
but it may also replace or enhance outright charitable gifts you wish to make.
The gift and estate tax deduction on the original transfer of
assets is an Internal Revenue Service calculation based on the fair market value
transferred minus the present value of the income stream to charity. The longer
the term, the greater the deduction. Although this method is an attractive way
to transfer assets to heirs and make a substantial gift to the Church or one
of its institutions, it works best when used in estates of approximately $5
million or more.
Like other tools mentioned in this section, the charitable
lead trust is most frequently used in conjunction with nongrantor annuity trusts,
irrevocable life insurance trusts, Private Foundations
or alternate foundations like Donor
Advised Funds and Support
Organizations, and many other estate-planning vehicles.
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