Capital gains tax written on a sticky note with financial documents behind it

For those looking to minimize capital gains taxes while supporting charitable causes, a charitable remainder trust (CRT) could be the solution. By leveraging this powerful estate planning tool, individuals can potentially reduce their tax liabilities while contributing to philanthropic endeavors. To learn more about these trusts and how they may be able to help you avoid capital gains taxes, contact Roulet Law Firm, P.A. by calling 941-909-4644 for our Florida location and 763-420-5087 for our Minnesota location.

Understanding Charitable Remainder Trusts and What They Do

According to the Internal Revenue Service (IRS), a charitable remainder trust is a strategic financial tool that enables individuals to reduce capital gains tax responsibilities while also supporting charitable causes. These irrevocable trusts allow individuals to donate assets to a charity and receive annual income for life or a specific period. In addition, by transferring appreciated assets to a trust, individuals can defer capital gains taxes, receive income for a specified period, and eventually contribute to a chosen charity.

How Does a Charitable Remainder Trust Work?

In a CRT, the individual (donor) transfers assets to the trust, which then sells them without triggering immediate capital gains taxes. The trust invests the proceeds to generate income for the donor or other beneficiaries determined at the trust's creation. After the trust term or beneficiaries' lifetimes, the remaining trust assets are distributed to the chosen charitable organization. This strategy provides a way to support charitable causes, receive income, and reduce tax burdens on appreciated assets.

Types of Charitable Remainder Trusts

According to the IRS, there are two types of CRTs. They include the following:

A Charitable Remainder Annuity Trust

Fidelity Charitable indicates that a charitable remainder annuity trust or a CRAT disburses a certain dollar amount every year to an individual for their life or for a certain term. This amount is at least 5% but not greater than 50% of the balance of the trust’s initial corpus value.

A Charitable Remainder Unitrust

A charitable remainder unitrust (CRUT) administers a set percentage based on the trust’s value annually to noncharitable beneficiaries. These payments typically range from 5% to 50% of the fair market value of the assets, which are valued every year.

 

The contributions to a charitable remainder annuity trust and a charitable remainder unitrust require a permanent transfer of property or cash. Both types of trusts also involve distributing a portion of the principal or income to a beneficiary. After the specified term, the remaining trust assets will be dispensed to a charitable remainder beneficiary.

Benefits of Using a Charitable Remainder Trust to Avoid Capital Gains Tax

While a charitable remainder trust helps to reduce tax obligations for individuals holding highly appreciated assets such as stocks or real estate, there are many other benefits to this trust. These include the following:

Tax Advantages of Charitable Remainder Trusts

A charitable remainder trust provides significant tax benefits for donors seeking to minimize their capital gains tax liabilities. By transferring appreciated assets to this trust, individuals can defer capital gains taxes, potentially at a reduced rate, while still receiving income from the trust. This tax-efficient strategy allows donors to support charitable causes while optimizing their financial position by reducing taxable income.

Long-Term Financial Benefits for Donors

In addition to the immediate tax advantages, donors using a charitable remainder trust can experience long-term financial benefits. By structuring their donations through a CRT, individuals can ensure a steady income stream for themselves or their beneficiaries for a specified period, providing financial stability and security. Moreover, the ability to support charitable causes while receiving financial benefits makes CRTs a valuable tool for philanthropic-minded individuals looking to make a lasting impact.

Ability To Preserve Highly Appreciated Assets

For those who have highly appreciated long-term assets, a CRT provides a way to donate those assets to the trust. This means when the trust sells, it is exempt from tax. Consequently, by donating the assets in-kind to a charitable remainder trust, individuals can maintain the full fair market value of the assets rather than see them reduced by high capital gains taxes. This can result in more funds being available for the intended charitable beneficiaries.

Frequently Asked Questions

Before investing in a charitable remainder trust, it is normal to have questions. Below are some prepared responses to some of these frequently asked questions to better help you understand what these trusts entail:

What Types of Assets Can Be Donated To a Charitable Remainder Trust?

The following assets are usually used to fund a CRT:

 

  • Publicly traded securities
  • Cash or real estate
  • A closely held stock
  • Certain types of complex assets

What Are Some Challenges To Setting Up a Charitable Remainder Trust?

Some common challenges individuals may encounter when setting up a charitable remainder trust include understanding the legal complexities involved, determining the appropriate assets to transfer to the trust, and selecting the right charitable beneficiaries. To address these challenges, individuals may turn to an experienced estate planning legal professional who can provide tailored solutions based on their unique circumstances. By collaborating with these knowledgeable advisors, individuals may be able to make informed decisions regarding the establishment and management of their charitable remainder trust.

How Do You Know Whether a Charitable Remainder Trust Is a Good Option?

A charitable remainder trust is a solid option for those who want an immediate charitable deduction while also being able to have a predictable income for life or over a specific time period.  This trust is also useful for those wanting to establish a trust to provide for heirs, with the remainder going to a charity. However, to know whether a charitable remainder trust is the right option, consider reviewing these trusts with an experienced estate planning lawyer at  Roulet Law Firm, P.A.

Contact Roulet Law Firm, P.A. To Learn More About a Charitable Remainder Trust

Using a charitable remainder trust is a smart way to reduce capital gains tax while also supporting charitable causes by transferring appreciated assets. By aligning financial goals with philanthropic interests, individuals can minimize tax obligations, generate income, and make a significant impact on their chosen charities. To learn more about these trusts or how to create one, contact the experienced estate planning team at Roulet Law Firm, P.A., by calling 941-909-4644 to reach our Florida law offices or 763-420-5087 to reach our Minnesota law offices or fill out on the contact form on this page and a member of our team will reach out to you.

Or if you are not yet ready to schedule a consultation and would like to learn more about Charitable Remainder Trusts, click here.

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Chuck Roulet
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Nationally Recognized Estate Planning Attorney, Author, and Speaker
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