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A CLT is a powerful way to make a future transfer of assets
to your heirs at a significantly reduced gift and estate tax
cost, while also supporting your charity with income. The
trust is established for a specified number of years, the
lives of one or more individuals, or a combination of the
two. The income from the trust paid to the charity of your
choice. At the end of the trust term, the assets pass to beneficiaries
named by the donor. The donors choose the trustee.
You can fund a CLT with cash, publicly traded securities,
closely-held stock, income-producing real estate, partnership
interests, or a combination of the above. You can establish
a CLT during your lifetime, or as a testamentary trust through
your will. A lead trust may be structured to provide a fixed
dollar contribution annually (CLAT) or a fixed percentage
contribution (CLUT).
Two Types of Lead Trusts
There are two basic types of Lead Trusts: Non-Grantor and Grantor.
In a non-grantor CLT, the most common type, the trust
assets revert to your children, grandchildren, or other heirs
at the end of the trust term. A non-grantor CLT provides a
gift tax charitable deduction and is useful in reducing the
cost of intergenerational wealth transfers.
In a grantor CLT, the trust assets revert to you,
rather than to your heirs, at the end of the trust term. Donors
creating grantor CLTs receive a large charitable contribution
income tax deduction. Such a gift structure may be particularly
useful if you wish to make a multi-year pledge and accelerate
future deductions into the current year.
What Are The Advantages of a Non-Grantor CLT?
For people who have significant assets, a CLT provides gift
and estate tax relief:
- You receive a charitable gift tax deduction for the present
value of the annual trust payments to the charity. The amount
of this gift tax deduction is typically a large percentage
of the total assets contributed to a CLT, leaving only a
small portion of the gift amount subject to the gift tax.
- Because the gift tax deduction and the amount subject
to gift tax is determined at the time the assets are contributed
to the CLT, any appreciation of the assets that takes place
during the term of the trust is not subject to additional
gift or estate tax. As a result, the amount that you ultimately
transfer to your heirs may be much larger than the amount
upon which the gift tax is imposed.
- None of the income earned by a CLT is taxable to the grantor;
therefore, the grantor also does not receive a charitable
income tax deduction. In effect, this results in a reduction
of your taxable income over the trust term.
- The assets you contribute to a CLT are removed from your
taxable estate, reducing your estate tax exposure.
- Unlike most other gift planning arrangements, the benefits
of a CLT are immediate to the charity. Payments from a CLT
can be used to fund operating costs and other programs as
well as endowed funds.
How Do I Create a CLT?
Donors establishing a CLT should be advised by an attorney who
is experienced in the area of charitable trusts and estate planning.
Please contact us by phone or
e-mail so that we can assist you or use our response/request
form.
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