Chapter 6 - Full Chapter 9

pdf

School

Boston University *

*We aren’t endorsed by this school

Course

FP106E

Subject

Accounting

Date

Apr 3, 2024

Type

pdf

Pages

64

Uploaded by jakesteinberg89

Report
2/24/24, 1:33 PM Charitable Gifting Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289646-dt-content-rid-67179705_1/courses/00cwr_metof106_o1/course/EP09_charitableGifting/allp… 1/64 Charitable Gifting Compilation The following are all pages from this module linked as a single file suitable for printing or saving as a PDF for offline viewing. Please note that this compilation will not include popup pages. Animations, buttons, links, or images may not work.
2/24/24, 1:33 PM Charitable Gifting Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289646-dt-content-rid-67179705_1/courses/00cwr_metof106_o1/course/EP09_charitableGifting/allp… 2/64 Overview Individuals gift property to charities for a number of tax reasons, as well as non-tax reasons. Some of these reasons include: personal satisfaction reducing current income tax liability reducing the value of the gross estate with lifetime gifts; and reducing the estate tax liability for gifts made after death. Therefore, the financial planner will need to consider many factors prior to making a recommendation that a client contribute to charity. The first question to be answered is whether or not the client can afford to make a gift. If so, the next question to consider is "What property is the most appropriate to gift to a qualified charity?" From an income tax perspective, the identity of the donee, whether it is a public or private charity and the type of property gifted, will affect the maximum income tax deduction that may be taken once the gift has been made. There are various charitable transfer techniques. These include: outright gifts; split interest gifts, such as charitable remainder trusts and charitable lead trusts charitable gift annuities pooled income funds private foundations; and donor advised funds. To ensure that you have a solid understanding of charitable gifting, the following lessons will be covered in this module: Charitable Giving and the Estate Plan Assets Appropriate for Gifting to Charity Types of Charitable Gifts Lesson Objectives The Charitable Gifting module, which should take approximately three and a half hours to complete, will describe the most common reasons individuals gift property to charities and the important factors which financial planners should analyze before recommending that a client make a gift to a charity.
2/24/24, 1:33 PM Charitable Gifting Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289646-dt-content-rid-67179705_1/courses/00cwr_metof106_o1/course/EP09_charitableGifting/allp… 3/64 Upon completion of this module, you should be able to: Evaluate the most suitable property interests to transfer to charity according to client objectives Compare and contrast the tax and non-tax characteristics of charitable trusts, and Calculate charitable income tax deductions for various types of charitable gifts.
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
  • Access to all documents
  • Unlimited textbook solutions
  • 24/7 expert homework help
2/24/24, 1:33 PM Charitable Gifting Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289646-dt-content-rid-67179705_1/courses/00cwr_metof106_o1/course/EP09_charitableGifting/allp… 4/64 Charitable Gifting and the Estate Plan When considering charitable gifts within the context of an estate plan, the donor has the ability to transfer these assets to charity either during lifetime or after death. The tax objectives which charitable gifting satisfy include: if made during lifetime, reducing current income tax liability if made after death, reducing the size of the gross estate reducing the size of the taxable estate, thereby reducing the estate tax. Therefore, a careful examination of both types of techniques can maximize tax savings in all three areas. Practitioner Advice Although charitable gifting can accomplish a number of attractive tax advantages, you must be certain that your client is not only charitably inclined, but can afford to make the gift. It does not matter how attractive the tax advantages associated with charitable gifts are if your client has no desire to have a charity share in his or her estate. To ensure that you have a solid understanding of Charitable Gifting Strategies, the following topics will be covered in this lesson: Reasons for Gifting Gifting Factors Upon completion of this lesson, you should be able to: list the most common reasons for gifting property to qualified charities, and recall important factors that the financial planner needs to analyze before recommending that the client make a gift to a charity.
2/24/24, 1:33 PM Charitable Gifting Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289646-dt-content-rid-67179705_1/courses/00cwr_metof106_o1/course/EP09_charitableGifting/allp… 5/64 Reasons for Gifting The most common reasons for gifting or bequeathing property to a qualified charity are: Donor satisfaction Reduce the size of the donor's taxable estate Reduce the donor's income tax liability, and Reduce the gift tax liability. Satisfaction- When a donor gifts property to a charity during their lifetime, they get the satisfaction of seeing the charity enjoy the property. Satisfaction may also be gained when others fulfill the intentions of the donor, either while he or she is alive or after his or her death. For example, one could bequeath money to one's church for the purchase of a new organ. Reduce size of the estate- Lifetime gifts of property which are gifted to a qualified charity, remove the gifted asset and also the future appreciation on this asset from the donor's estate. This allows the donor to exercise some control over the value of his or her estate by reducing the estate tax liability. Reduce the income tax liability- Lifetime gifts of property to qualified charities may also reduce a donor's income tax liability if they itemize deductions on their tax return. However, in many cases, more significant tax savings may be realized by claiming the standard deduction instead. In 2024, the standard deduction is $14,600 for individuals and $29,200 for married couples filing jointly who are under age 65. Tax deductions for state and local taxes are capped at $10,000 which may further reduce a taxpayer's itemized deductions below the standard deduction level. Depending on the type of property gifted and the type of charity to which the gift has been made, the value of the charitable income tax deduction may be as high as 60% of the donor's adjusted gross income for cash gifts. As with all charitable gifts, a 5 year carry forward is available for gifts that exceed the AGI limitation. A strategy for donors who want to maximize their tax savings is to group several years' worth of charitable contributions together into a single tax year in an amount that will exceed the standard deduction. The donor can then report their accelerated charitable deductions and other itemized deductions in one year and revert to taking the standard deduction again in the following year. Reduce the gift tax liability- A gift to a charity also qualifies for an unlimited charitable gift tax deduction. This means that no gift tax liability will be due on any transfer of assets made to a qualified charity during the donor's lifetime. There is no limitation on how much you can give to a qualified
2/24/24, 1:33 PM Charitable Gifting Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289646-dt-content-rid-67179705_1/courses/00cwr_metof106_o1/course/EP09_charitableGifting/allp… 6/64 charity. Keep in mind that this deduction is in addition to any annual exclusion gifts the donor may make and does not reduce the donor's $13,610,000 lifetime gift tax exclusion.
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
  • Access to all documents
  • Unlimited textbook solutions
  • 24/7 expert homework help
2/24/24, 1:33 PM Charitable Gifting Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289646-dt-content-rid-67179705_1/courses/00cwr_metof106_o1/course/EP09_charitableGifting/allp… 7/64 Gifting Factors Before engaging in a charitable gifting program, the financial planner needs to analyze the client's financial position to determine whether the donor can afford to make a gift to a charity. Whether the donor can afford to make a gift to a charity depends on a number of factors. During the data gathering process, the financial planner should gather most of the data needed to assist in making this determination. Once the planner has analyzed this information, a discussion should be held with the client on the feasibility of making lifetime or testamentary gifts to charity. What are the lifetime financial needs of the donor, the donor's spouse or the donor's beneficiaries? What are the projected needs of the donor and donor's spouse for retirement purposes? For example, if the donor needs a specific amount of income for living expenses, it may be inappropriate for the donor to make a gift to charity if such a gift would reduce the donor’s income and cause financial hardship to the donor or the donor's family. If the donor and donor's spouse need a specified sum for their retirement, a gift to charity may be inappropriate if it prevents the donor and donor's spouse from living comfortably in retirement. In some states a donor cannot make an unlimited gift or bequest to a charity if a spouse and other family members survive the donor. Some states have mortmain statutes that are intended to protect family members from having the decedent bequeath a substantial amount of estate assets to charity. Any portion of a charitable bequest that generally exceeds 25% of the estate is set aside for the heirs. Another example of this is the Elective Share statutes. Therefore, if a donor wishes to make a charitable transfer, the donor should work with his or her attorney to ensure that all heirs of the estate have been appropriately considered.
2/24/24, 1:33 PM Charitable Gifting Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289646-dt-content-rid-67179705_1/courses/00cwr_metof106_o1/course/EP09_charitableGifting/allp… 8/64 Tax Considerations Does the donor need a reduction in estate tax liability? Lifetime gifts can be made to reduce a donor's gross estate. However, if the donor needs lifetime access to assets, a charitable bequest may be made at death. Such a bequest would qualify for the unlimited charitable estate tax deduction. The result would be a smaller taxable estate and lower estate tax liability. From a tax perspective, would the donor be better off by not gifting the property? For example , assume that the property being considered for gifting has depreciated in value so that its present fair market value (FMV) is less than the donor's basis in the property. The donor might be wise to keep the property, sell it at a loss, and take the capital losses on his or her individual income tax return to possibly offset any capital gains. This would be more advantageous for the donor than making a completed gift of the property to the charity. A gift of the property to the charity would not enable the donor to take a capital loss. However, a sale of the property at a loss would allow the donor to take this capital gains tax advantage. In addition, the donor could take the proceeds of the sale and gift them to the charity. This would enable the donor to possibly take the charitable income tax deduction, as well as the capital loss, in the same tax year. In addition to these factors, there may be other factors that need to be considered which could affect the appropriateness of making a gift.
2/24/24, 1:33 PM Charitable Gifting Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289646-dt-content-rid-67179705_1/courses/00cwr_metof106_o1/course/EP09_charitableGifting/allp… 9/64 Factors that Influence making a Gift to Charity. This flowchart illustrates the important factors that the financial planner needs to analyze before recommending that the client make a gift to a charity. Donor needs If making a gift to some charity would cause financial hardship to the donor or the donor's family, it would be inappropriate for the donor. Projected needs of the donor If a gift of property or cash prevents the donor and donor's spouse from living comfortably in retirement, making it may be inappropriate. Adequate property to gift If a donor wishes to make a charitable transfer, the donor should first adequately provide for him or herself and other family members.
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
  • Access to all documents
  • Unlimited textbook solutions
  • 24/7 expert homework help
2/24/24, 1:33 PM Charitable Gifting Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289646-dt-content-rid-67179705_1/courses/00cwr_metof106_o1/course/EP09_charitableGifting/all… 10/64 Factors that Influence making a Gift to Charity. This flowchart illustrates the important factors that the financial planner needs to analyze before recommending that the client make a gift to a charity. Reduction in estate tax liability If the projected amount of estate tax liability is high, the donor may wish to make a lifetime gift of property to a charity in order to reduce the size of the donor's gross estate. Sufficient liquidity If there is a liquidity problem for the estate, it may not be appropriate to make any gift to charity. Special reasons If the donor has a specific reason for making a gift to a charity (for example, a church or synagogue), then the donor may wish to consider a gift to one of these charitable groups.
2/24/24, 1:33 PM Charitable Gifting Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289646-dt-content-rid-67179705_1/courses/00cwr_metof106_o1/course/EP09_charitableGifting/all… 11/64 Factors that Influence making a Gift to Charity. This flowchart illustrates the important factors that the financial planner needs to analyze before recommending that the client make a gift to a charity. Not gifting From a tax perspective, if the donor is better off by not gifting the property, then he or she should not gift it to any charity.
2/24/24, 1:33 PM Charitable Gifting Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289646-dt-content-rid-67179705_1/courses/00cwr_metof106_o1/course/EP09_charitableGifting/all… 12/64 Sufficient Liquidity Does the donor have sufficient liquidity in his or her estate so that all taxes and administrative expenses can be paid? If an estate is illiquid and assets are gifted during lifetime, then the value of the estate is reduced and so will the liquidity needs. If the assets are gifted after death, the amount of expenses will also be reduced. If there is an estate liquidity problem, the donor should make sure that sufficient liquidity exists in the estate before transferring assets to charities.
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
  • Access to all documents
  • Unlimited textbook solutions
  • 24/7 expert homework help
2/24/24, 1:33 PM Charitable Gifting Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289646-dt-content-rid-67179705_1/courses/00cwr_metof106_o1/course/EP09_charitableGifting/all… 13/64 Assets Appropriate for Gifting to Charity Once a donor has determined that he or she can afford to make a gift, the next question that must be asked is, What property is the most appropriate to gift to a qualified charity? The answer to this question depends on a number of factors, including the type of property owned by the donor, whether the property produces income or is non-income producing, whether the donee is a public charity or a private charity, and the donor's adjusted gross income (AGI). To ensure that you have a solid understanding of assets appropriate for charitable giving, the following topics will be covered in this lesson: Charitable Contribution Rules Type of Charity Upon completion of this lesson, you should be able to: recall the general rules for charitable contributions of different types of properties define long-term capital gain property identify ordinary income property and long-term capital gain property identify tangible personal property distinguish between use-related and use-unrelated tangible personal property define future interest gifts determine the maximum amount of a charitable contribution based on the identity of the donee, and identify qualified public charities.
2/24/24, 1:33 PM Charitable Gifting Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289646-dt-content-rid-67179705_1/courses/00cwr_metof106_o1/course/EP09_charitableGifting/all… 14/64 Gift of Cash Donors who itemize deductions on IRS Form Schedule A can take charitable income tax deductions. If the donor is making a gift of cash to a public charity, the maximum income tax deduction that may be taken is 60% of the donor's AGI. Generally, the type of property that is gifted to a qualified charity is one factor used to determine the value of the charitable income tax deduction. To be eligible for a deduction, charitable contributions made by cash or checks must be substantiated by receipts from the charity or from bank statements, cancelled checks or credit card records. For donations greater than $250, the charity will provide a receipt with the date and value of the donation. The charity's receipt should include: Name of the organization. Amount of cash contribution. Description of any non-cash contribution. Statement that no goods or services were provided by the organization in return for the contribution, if applicable. Description and good faith estimate of the value of goods or services. Deductions for clothing and household goods can only be taken if the items are in "good condition" or better. For a donated item that exceeds $5,000, a qualified appraisal must be included with the donor's income tax return. For gift tax purposes, the fair market value of a present-interest gift is reduced by the annual exclusion and the amount remaining is reduced by a gift tax deduction. For example, Carol wrote a check for $20,000 to an organization that tutors at-risk children. $20,000 − $18,000 annual exclusion = $2,000 − $2,000 gift tax charitable deduction = $0 gift tax liability. Furthermore, Carol has reduced the value of her gross estate by the $20,000 she gifted to charity. Also note that the gift to charity is not brought back into her estate tax calculation on IRS Form 706 as an adjusted taxable gift.
2/24/24, 1:33 PM Charitable Gifting Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289646-dt-content-rid-67179705_1/courses/00cwr_metof106_o1/course/EP09_charitableGifting/all… 15/64 Ordinary Income Property "Ordinary income property" is an asset that would have generated ordinary income (rather than capital gain) on the date of the contribution had it been sold at its fair market value rather than its contributed value. Ordinary income property includes: capital assets held less than the requisite long-term period at the time contributed Section 306 stock (that is, stock acquired in a nontaxable corporate transaction that is treated as ordinary income if sold) works of art, books, letters and musical compositions, but only if given by the person who created or prepared them or for whom they were prepared, and a taxpayer's stock in trade and inventory (which would result in ordinary income if sold). Ordinary income property given to a public charity (column 2) by an individual is deductible subject to 50% of the contribution base ceiling. However, a taxpayer's deduction is generally limited to the basis (cost) for the property (column 7). For example, if a famous painter donated one of his paintings, worth $25,000, to an art museum, his deduction would be limited to his cost for producing the painting. This means that only the cost for canvas, paint, etc., would be deductible. No deduction would be allowed for the value of his time and talent. Click here to view the Charitable Contribution Deductions Limitations Table.
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
  • Access to all documents
  • Unlimited textbook solutions
  • 24/7 expert homework help
2/24/24, 1:33 PM Charitable Gifting Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289646-dt-content-rid-67179705_1/courses/00cwr_metof106_o1/course/EP09_charitableGifting/all… 16/64 Long-Term Capital Gain Property An investor who owns appreciated stock for more than one year could be subject to capital gains when the stock is sold. Generally, a long-term capital gain asset is property that has been held for more than one year. The capital gains tax could be as high as 20%, and the investor could be subject to an additional 3.8% surtax on net investment income. To avoid these taxes, the stock could be donated to a tax-exempt charity instead. The charity will incur no capital gains tax when the stock is sold and the donor will avoid paying a capital gains tax on the appreciated stock that is gifted to charity. If the donor makes a gift of property that is a long-term capital gain asset, they can reduce their income taxes if they itemize deductions. They can take a charitable deduction for the FMV of their donation, which is the FMV of the asset on the date of the gift. However, the value of the charitable tax deduction for a long-term capital asset is 30% of the donor's AGI. Let's assume the donor owns a capital asset, which qualifies as a long-term capital asset, for example, corporate stock. The value of the stock on the date of the gift is $30,000. The donor's AGI is $60,000. Since a long- term capital asset is being gifted, what is the maximum charitable deduction the donor can take? Choose the best answer. $4,500 $9,000 $18,000 $27,000
2/24/24, 1:33 PM Charitable Gifting Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289646-dt-content-rid-67179705_1/courses/00cwr_metof106_o1/course/EP09_charitableGifting/all… 17/64 Therefore, the donor will be able to carry-forward the remaining $12,000 deduction, applying it according to the same 30% AGI rules, for the next 5 years. The 5-year carry-forward allows the donor to use the unused portion of the charitable deduction in each of the next 5 tax years until the deduction has been fully utilized. There is an opportunity for the donor to make an election to have the 50% AGI rule apply to gifts of property, which are long-term capital assets. This election may be made if the donor is willing to reduce the value of the charitable gift by the gain he or she has in the property. In other words, willing to reduce the value of the gift to the donor's basis in the asset. For example, let's assume the donor has corporate stock, satisfying the long-term capital gains rules, which has a basis of $900 and an FMV on the date of the gift of $950. The donor may receive the benefit of the 50% AGI rule if the value of the charitable gift is reduced by the gain in the asset, or $50. Therefore, in exchange for a higher deduction limit, a small amount of the value is lost. It is strongly recommended that a careful analysis of the client's income tax situation be made prior to making this election. Practitioner Advice Cryptocurrencies can be donated to certain qualified charities that support crypto donations. For tax purposes, cryptocurrencies are treated as capital assets or income, depending on whether the cryptocurrency was held for investment purposes or received as a form of compensation. Donations have the same tax benefits as charitable stock gifts; they avoid capital gains taxes and allows a donor who itemizes to take an income tax deduction. If the asset was held as an investment for more than one year the FMV of the appraised amount of the gift can be deducted up to 30% of AGI, with a five- year carry over. Cryptocurrency donations held as an investment for one year or less can be deducted as the lesser of cost basis or FMV at the time of contribution, up to 50% of AGI with a five-year carryover. Donors must complete IRS Form 8283 and obtain a qualified appraisal for contributions of cryptocurrency valued at more than $5,000 to substantial their charitable income tax deduction.
2/24/24, 1:33 PM Charitable Gifting Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289646-dt-content-rid-67179705_1/courses/00cwr_metof106_o1/course/EP09_charitableGifting/all… 18/64 Tangible Personal Property If the gift is a gift of tangible personal property that may be sold at a capital gain, for charitable income tax deduction purposes it will be treated as long-term capital gain property. Examples of such tangible personal property include: jewelry automobiles art works and stamp collections, but only if created or produced by someone other than the grantor books (all of these tangibles would be considered capital property if created by someone else) When dealing with this type of asset, it is important to determine whether the asset gifted to the charity is use or non-use related to the exempt purposes of the charitable organization. The general rule regarding donations of use-related property to a qualified public charity is that the donor may utilize the FMV of the use-related property, subject to the 30% AGI rule, for charitable income tax deduction purposes and the 5-year carry-forward rule. An example might be the contribution of a stamp collection to an educational institution. If the stamp collection is placed in the donee organization's library for display and studied by students, the use of the donated property is related to the educational purposes constituting the basis of the charitable organization's tax exemption. Review Question However, if the stamps were sold, even if the proceeds were used by the organization for educational purposes, the use of the property would be an _________ use.
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
  • Access to all documents
  • Unlimited textbook solutions
  • 24/7 expert homework help
2/24/24, 1:33 PM Charitable Gifting Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289646-dt-content-rid-67179705_1/courses/00cwr_metof106_o1/course/EP09_charitableGifting/all… 19/64 If the donated property is use-unrelated, meaning that the asset is unrelated to the function of the charity, that is, a gift of jewelry to a religious organization, the donor's charitable deduction is limited to the basis in the asset, subject to 50% of the donor's AGI.
2/24/24, 1:33 PM Charitable Gifting Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289646-dt-content-rid-67179705_1/courses/00cwr_metof106_o1/course/EP09_charitableGifting/all… 20/64 Use-Related or Use-Unrelated The distinction between use-related and use-unrelated tangible personal property depends on the purpose of the charitable organization. If a donor makes a gift of a gun and rifle collection to a state historical museum, the donation would be deemed to be use-related (the property donated to the charitable organization could be used directly by the charity itself). If the property donated to the charity is not related to the purpose of the charitable organization then the donation is classified as use-unrelated . For example, a donation of a painting to a church that does not plan to exhibit the painting but intends, instead, to sell it and use the sale proceeds. The maximum charitable income deduction on use-related property is based on the FMV of the property , subject to 30% of the donor's AGI . The maximum charitable deduction on use-unrelated property is based on the donor's basis in the property , subject to 50% of the donor's AGI. For use related property that is valued at more than $5,000, the income tax deduction is reduced from FMV to the property's cost basis if the charity disposes of the donated property within one year. If the charity disposes of the property from one to three years after receiving the gift, the donor must recognize income on the difference between the FMV deduction and the cost basis (unless the charity's explanations satisfy IRS requirements). Click here to view the Charitable Contribution Deductions Limitations Table.
2/24/24, 1:33 PM Charitable Gifting Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289646-dt-content-rid-67179705_1/courses/00cwr_metof106_o1/course/EP09_charitableGifting/all… 21/64 Future Interest Gift Future interest gifts of property to a charity ordinarily do not qualify for the charitable income tax deduction. A future interest gift defined as any gift in which the right to use or enjoy the property is deferred until sometime in the future. Since there is no immediate right by the donee to use, possess, own, or enjoy the property, the donee has not received the benefits of the gift in the year of the transfer. For example, a gift of an original Miro painting to an art museum with a stipulation that allows the donor to keep the painting until the donor's death. Practitioner Advice Certain split interest gifts, in which the charity has a remainder interest in the gifted property, will allow the donor to take advantage of a charitable income tax deduction on the date the gift is made. Deductions for fractional interests cannot be taken unless the donor (or the donor and the charity) own the property immediately before the gift is made and the charity receives complete possession of the property within 10 years of the initial contribution or the donor's death, whichever is sooner. At the donor's death the estate cannot take account of any appreciation in the property, meaning the remainder interest is valued at its initial value rather than at FMV at date-of- death. Therefore, the bequest to charity may not be fully deductible and the appreciation may trigger an estate tax.
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
  • Access to all documents
  • Unlimited textbook solutions
  • 24/7 expert homework help
2/24/24, 1:33 PM Charitable Gifting Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289646-dt-content-rid-67179705_1/courses/00cwr_metof106_o1/course/EP09_charitableGifting/all… 22/64 Types of Charitable Gifts There are a number of methods by which a donor may transfer assets to a charity. These include outright charitable gifting or split interest transfers, using either a charitable remainder annuity trust (CRAT) or charitable remainder unitrust (CRUT). The various methods of making charitable gifts are designed to accomplish any number of objectives that a donor may have. It is the financial planners goal to analyze each of the available charitable alternatives and make the most appropriate recommendation based upon the donor's objectives. For example, with a split interest transfer, a charitable or noncharitable beneficiary may receive income. Additionally, either a charitable or noncharitable beneficiary may receive the remainder interest. The most important thing to remember about split interest transfers is that two property interests are being transferred: the income and the remainder interest. The interest, which the charity is entitled to receive if the split interest vehicle is properly created, is the portion eligible for the charitable income, gift and estate tax deductions. To ensure that you have a solid understanding of types of charitable gifts, the following topics will be covered in this lesson: Gifting Strategies Tax Implications of Charitable Gifting Upon completion of this lesson, you should be able to: determine whether a particular condition is suitable for a particular type of charitable transfer technique, and contrast the different requirements for CRAT and CRUT that the donor must comply with.
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
  • Access to all documents
  • Unlimited textbook solutions
  • 24/7 expert homework help
2/24/24, 1:33 PM Charitable Gifting Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289646-dt-content-rid-67179705_1/courses/00cwr_metof106_o1/course/EP09_charitableGifting/all… 23/64 Gifting Strategies The most commonly used types of charitable transfer techniques are: Outright charitable gift Charitable stock bailout Charitable remainder annuity trust Charitable remainder unitrust Charitable lead trust Charitable gift annuities Pooled income funds Private foundations Donor advised funds Traditional IRAs The enactment of the Tax Cuts and Jobs Act impacted gifts to charities because some of the income tax benefits for taxpayers had been curtailed. Taxpayers taking the standard income tax deduction could not take additional charitable deductions on their income tax returns for charitable contributions that were less than the standard deduction amounts. An exception in 2020 and 2021 allowed contributions of $300 for single taxpayers and $600 for married filing jointly to be deducted from Schedule A for taxpayers who took standard deductions, but this provision ended in 2022. Based on the provisions of the Tax Cuts and Jobs Act, here are some gifting strategies that wealthier donors may want to consider: 1. Taxpayers who intend to make gifts greater than the standard deduction amount over several years may decide to accelerate and bundle their charitable contributions together in the same tax year to maximize these deductions and itemize them on their Schedule A. These taxpayers can take the full standard deduction in subsequent years when lesser gifts to charities are made. For example, a married couple who usually contributes $15,000 to a donor advised fund every year can contribute $30,000 this year. They can itemize the charitable income tax deduction this year which exceeds the standard deduction of $29,200 in 2024 by $800. The couple can choose which public charities will receive their grants over the next two years. Had the couple continued to contribute $15,000 each year, they would not exceed the standard deduction amount or receive the same tax benefit.
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
  • Access to all documents
  • Unlimited textbook solutions
  • 24/7 expert homework help
2/24/24, 1:33 PM Charitable Gifting Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289646-dt-content-rid-67179705_1/courses/00cwr_metof106_o1/course/EP09_charitableGifting/all… 24/64 2. Taxpayers have a cap of $10,000 on deductions taken for state and local income taxes (SALT), and real property taxes if they are not subject to AMT. The Act also reduces or eliminates other tax deductions that were previously allowed. Therefore, increased gifts to charities may compensate for this reduction and allow taxpayers to take higher itemized deductions on their Schedule A in a given tax year.
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
  • Access to all documents
  • Unlimited textbook solutions
  • 24/7 expert homework help
2/24/24, 1:33 PM Charitable Gifting Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289646-dt-content-rid-67179705_1/courses/00cwr_metof106_o1/course/EP09_charitableGifting/all… 25/64 Outright Charitable Gift This involves an irrevocable transfer of property from the donor to a qualified charity. The donor must irrevocably part with all ownership or control of the property in order for the transfer to be considered effective. A completed gift has not occurred if there are "strings attached" or conditions specified by the donor, such as how the property may be used or enjoyed by the donee. An example of a condition would be if a donor makes a gift of an original Grant Wood painting to an art museum only if the museum endorses a certain method by which to acquire additional paintings by Wood. Such a gift is not a completed gift and therefore not eligible for the tax benefits associated with making a charitable gift. Requirements for a completed gift must be satisfied in order to receive all of the tax benefits associated with charitable gifts. These requirements are the same as those for gifts made to noncharitable donees and are as follows: donor must intend to make the gift donor must deliver the gift; and donee must accept the gift. Let's remember all of the tax benefits associated with a completed gift to a charity: 1. Income Tax - the donor may be entitled to an income tax deduction based upon AGI limits and types of property gifted, and whether the amount of the gift exceeds the standard deduction amount. 2. Gift Tax - a gift to a charity qualifies for the unlimited charitable gift tax deduction. In other words, the donor does not need to use any of his or her lifetime gift tax exclusion to offset the tax. 3. Estate Tax - a charitable gift made during lifetime reduces the value of the estate. Given the unlimited charitable deduction for estate tax purposes, a bequest or a transfer of assets to a charity after death reduces the taxable estate, and therefore reduces the estate tax liability.
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
  • Access to all documents
  • Unlimited textbook solutions
  • 24/7 expert homework help
2/24/24, 1:33 PM Charitable Gifting Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289646-dt-content-rid-67179705_1/courses/00cwr_metof106_o1/course/EP09_charitableGifting/all… 26/64 Charitable Stock Bailout In situations where the owner of closely held stock wishes to make a gift of property to a qualified charity, the charitable stock bailout may be an appropriate charitable transfer technique. For example: assume the owner of a closely held corporation wishes to make a gift to a charity. However, the only asset available to gift is closely held stock. The owner's objective is to obtain a sizeable charitable income tax deduction without taking an income taxable distribution from the corporation. The stockholder can achieve this result by use of the charitable stock bailout. In the charitable stock bailout, the stockholder gifts the closely held stock to the charity. The owner then receives a charitable deduction based upon the value of the stock gifted to the charity. Since the charity would prefer cash instead of the stock, the corporation can redeem the stock from the charity only if the corporation is totally unrelated to the charitable gift. Otherwise, the IRS would view the gift and resulting redemption as an indirect redemption from the donor which would be taxed as ordinary income to the donor. Instead, with a charitable stock bailout, the charity gets the cash, the donor gets the charitable deduction, and the corporation gets the stock in exchange for its accumulated cash. There are a number of considerations that need to be addressed when structuring the transaction for a charitable stock bailout in order to avoid adverse tax consequences: The stockholder and the charity cannot agree to the time or certainty of the redemption in order to qualify for a charitable contribution deduction. In other words, at the time the stock is gifted to the charity, there cannot be an understanding or contract (formal or informal) to redeem the stock at a specified time. If the redemption takes on the characteristics of a prearranged transaction, it tends to lose its charitable traits and may be construed as a contract to redeem and thereby disqualify the donor from taking a charitable deduction. The donor should gift the stock to the charity and have the charity redeem the stock back through the corporation. If the corporation does not redeem the stock, a redemption of the stock directly to the shareholder would result in dividend treatment of the redeemed stock and could result in taxable income to the donor. The recommendations listed should be followed closely if the client chooses this type of technique in order preserve the estate, income and gift tax advantages of the charitable stock bailout for the donor of such stock.
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
  • Access to all documents
  • Unlimited textbook solutions
  • 24/7 expert homework help
2/24/24, 1:33 PM Charitable Gifting Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289646-dt-content-rid-67179705_1/courses/00cwr_metof106_o1/course/EP09_charitableGifting/all… 27/64 Charitable Stock Bailout This list illustrates the considerations that need to be addressed in order to avoid adverse tax consequences when structuring the transaction for a charitable stock bailout. No agreement to time or certainty of redemption To qualify for a charitable contribution deduction, the stockholder and the charity cannot agree to the time or certainty of the redemption. No characteristics of a prearranged transaction If the redemption takes on characteristics of a prearranged transaction, it may be construed as a contract to redeem, thereby disqualifying the donor from taking a charitable deduction.
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
  • Access to all documents
  • Unlimited textbook solutions
  • 24/7 expert homework help
2/24/24, 1:33 PM Charitable Gifting Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289646-dt-content-rid-67179705_1/courses/00cwr_metof106_o1/course/EP09_charitableGifting/all… 28/64 Charitable Stock Bailout This list illustrates the considerations that need to be addressed in order to avoid adverse tax consequences when structuring the transaction for a charitable stock bailout. No redemption of stock directly to shareholder The stock must be gifted to charity and the charity must redeem the stock back through the corporation. Redemption of stock directly to the shareholder could result in taxable income to the donor.
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
  • Access to all documents
  • Unlimited textbook solutions
  • 24/7 expert homework help
2/24/24, 1:33 PM Charitable Gifting Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289646-dt-content-rid-67179705_1/courses/00cwr_metof106_o1/course/EP09_charitableGifting/all… 29/64 Charitable Remainder Annuity Trust (CRAT) A Charitable Remainder Annuity Trust (CRAT) is used in situations where the donor wishes to make a charitable contribution yet retain a fixed annuity stream of income from the gifted property. With a charitable remainder annuity trust, the trust is established to provide a noncharitable beneficiary the right to receive a fixed percentage of income for a period of time (either life expectancy or a set period not to exceed 20 years). Upon the expiration of the income-paying period, the charity receives whatever is left within the trust. This is known as the remainder interest. If a term of years is used, the period cannot exceed 20 years . This is also true of a charitable remainder unitrust (CRUT). At the termination of the period during which the beneficiary receives income, the remainder interest in the property passes to the charity. Upon the creation of the trust, the donor receives a charitable income tax deduction based upon the remainder interest, which will transfer to the charity. This remainder interest is calculated on the day the transfer is made into the trust. CHARITABLE REMAINDER ANNUITY TRUST -- ONE LIFE Value of Property $100,000 Annuity Payment $5,000 Sec. 7520 Rate 6.0% Age 55 Frequency of Payments Annual Payments End of Period
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
  • Access to all documents
  • Unlimited textbook solutions
  • 24/7 expert homework help
2/24/24, 1:33 PM Charitable Gifting Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289646-dt-content-rid-67179705_1/courses/00cwr_metof106_o1/course/EP09_charitableGifting/all… 30/64 CHARITABLE REMAINDER ANNUITY TRUST -- ONE LIFE Annuity Factor (age 55, 6.0%) 11.8459 Annuity Adjustment Factor (annual, 6.0%) 1.0000 Annuity Value [$5,000 x 1 x 11.8459 x 1.0000] $59,229 Charitable Contribution [$100,000 - $59,229] $40,771 A CRAT may be created during the donor's lifetime or at the donor's death. In the event the provisions for a CRAT are incorporated within the donor's will or revocable trust, the value of the remainder interest that will be transferred to charity at the donor's death receives a charitable estate tax deduction. When structured as a postmortem transaction , the decedent's estate receives an estate tax deduction based on the present value of the remainder interest eventually passing to the charity. For example , if a donor structures a CRAT so that the donor's spouse receives a life income interest that takes effect when the donor dies, the donor's estate is entitled to receive an estate tax charitable deduction for the present value of the remainder interest that the charity will eventually receive. The estate will also receive a marital deduction for the present value of the income interest to the spouse. Although the donor has made a terminable interest gift to the spouse of the life income interest in trust, a gift of a life income interest in a CRAT or CRUT is an exception to the terminable interest rule. Therefore, the donor does not need to elect Q-TIP treatment to receive a marital deduction for the income interest passing to a spouse. The donor must comply with the following requirements in order to successfully use the CRAT: 1. The donor must make an irrevocable transfer of the property to the trust. 2. The donor can make only one initial transfer of property to the corpus; there can be no additions or increases to the trust in later years to generate more income or to provide additional charitable income tax deductions.
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
  • Access to all documents
  • Unlimited textbook solutions
  • 24/7 expert homework help
2/24/24, 1:33 PM Charitable Gifting Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289646-dt-content-rid-67179705_1/courses/00cwr_metof106_o1/course/EP09_charitableGifting/all… 31/64 3. Once the trust is established, the trust must pay out a specified amount of income (a sum certain) each year based on the initial transfer to the trust—in a CRAT, the trust must pay a minimal amount of at least 5% and not more than 50% of the initial value of the corpus. If the trust does not generate at least enough income to meet this 5% requirement, trust assets must be sold or the corpus must be invaded to supplement the difference. The income must be distributed to the beneficiary. The beneficiary is taxed on the type of income received. For example, trust income and dividends distributed to the beneficiary are taxed as ordinary income. Capital gain assets sold to make up a distribution shortfall are taxed to the beneficiary as capital gains in addition to any ordinary income received. A return of principal distributed to a beneficiary is not taxed. 4. The amount of income payable to the trust beneficiary remains fixed once the initial payments are calculated. Therefore, the amount of income payable by the trust to the beneficiary remains fixed and does not increase or decrease in succeeding years. Inflation may consequently erode the purchasing power for a beneficiary who depends upon the fixed income amount to cover living expenses. 5. The amount of the charitable deduction that the donor can receive depends on the value of the remainder interest passing to the charity as calculated when the assets are transferred into the trust. As the charity will eventually receive the corpus of the trust, the donor is entitled to an immediate income tax deduction for the present lifetime transfer of the property that passes to the charity. If the trust is structured to take effect upon the death of the donor, so that the donor's spouse or some other beneficiary receives the income, then the donor's estate receives an estate tax charitable deduction that is based upon the present value of the charity's right to eventually receive the property. 6. Under Internal Revenue Code Section 7520, the rate to be used for valuing annuities, life interests or interests for terms of years, and remainder or reversionary interests is based upon an interest rate determined by reference to the midterm applicable federal rate for the month in which the valuation date occurs. Implementing regulations prescribe that the pertinent rate is 120% of the midterm applicable federal rate, using annual compounding, rounded to the nearest two-tenths of one percent. 7. The value of the charitable remainder interest must equal at least 10% of the value of the assets valued when transferred into the trust. If the donor complies with these requirements, he will be able to take advantage of all tax benefits associated with the use of the CRAT.
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
  • Access to all documents
  • Unlimited textbook solutions
  • 24/7 expert homework help
2/24/24, 1:33 PM Charitable Gifting Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289646-dt-content-rid-67179705_1/courses/00cwr_metof106_o1/course/EP09_charitableGifting/all… 32/64 Another tax benefit is available when the donor transfers an appreciated asset to the trust with a low adjusted basis. The trust can sell the asset without incurring an income tax liability or capital gains tax, since charitable trusts CRATs and CRUTs are exempt from income taxes. Consequently, the donor will receive a greater income stream that is not reduced by capital gains taxes when the asset is sold and reinvested, than if the donor had sold the asset outside of the trust. Example You own low yielding, low basis stock in one company that has highly appreciated. The FMV of the stock is $300,000 and the basis is $50,000. The dividends are too low to meet your income needs and you prefer to diversify your holdings and receive more income. If you sold your stock, your after-tax proceeds would be $262,500. ($300,000 — $50,000 = $250,000 × .15 capital gains rate = $37,500) You invest the proceeds in bonds yielding 6% to receive an income stream of $15,750 annually. However, if you had transferred the stock into a CRAT, there is no capital gains tax when the trust sells the stock. The trust can reinvest the $300,000 proceeds into bonds yielding 6% to provide you with an income payout of $18,000 annually.
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
  • Access to all documents
  • Unlimited textbook solutions
  • 24/7 expert homework help
2/24/24, 1:33 PM Charitable Gifting Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289646-dt-content-rid-67179705_1/courses/00cwr_metof106_o1/course/EP09_charitableGifting/all… 33/64 Charitable Remainder Unitrust (CRUT) The Charitable Remainder Unitrust (CRUT) operates in the same fashion as the CRAT, except that it has the following requirements: The donor must make an irrevocable transfer of the property to the trust. The donor may make more than one transfer of property to the trust; multiple transfers or deposits of property into the corpus of the trust are possible. Once the trust is established, the trust must pay out a specified amount of income (a fixed percentage) each year based upon the annual balance in the Trust; in a CRUT, the trust must pay out a minimal amount of at least 5% and not more than 50% of the annually reappraised value of the corpus. Example If in year one, $100,000 is placed in the corpus of the trust and the terms of the trust specify that 8% of the earnings must be distributed, then $8,000 would be distributed to the trust beneficiary. However, if the trust had actually earned $12,000 in year one, then the remaining undistributed $4,000 would be added to the corpus of the trust, and in year two, 8% of $104,000, or $8,320, would be distributed to the trust beneficiary. Therefore, if the assets in the trust are appreciating in value, this can generate an increase in income that is distributed to the trust beneficiary. As long as the undistributed earnings are added to the corpus of the trust and reappraised annually, the amount of income distributable to the beneficiary increases with each succeeding year. Of course, if the value of the trust decreases, then the income stream to the non-charitable income beneficiary will decrease as well. The amount of income produced by the trust increases with each year that the value of the corpus increases. This can be valuable to a trust beneficiary whose income needs to increase with each succeeding year. This also provides inflation protection for the beneficiary.
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
  • Access to all documents
  • Unlimited textbook solutions
  • 24/7 expert homework help
2/24/24, 1:33 PM Charitable Gifting Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289646-dt-content-rid-67179705_1/courses/00cwr_metof106_o1/course/EP09_charitableGifting/all… 34/64 The amount of the charitable deduction that the donor receives depends on the value of the remainder interest passing to the charity. As the charity will eventually receive the corpus of the trust, the donor is entitled to an immediate income tax deduction for the present value of the remainder interest in the property that passes to the charity. If the trust is structured to take effect upon the death of the donor so that the donor's spouse or some other beneficiary receives the income, then the donor's estate receives an estate tax charitable deduction that is based on the present value of the charity's right to eventually receive the property- the charity's remainder interest. The value of the charitable remainder interest must equal at least 10% of the value of the assets transferred into the trust when funded. Keep in mind that with a unitrust, additional transfers may be made to the trust. Each time a new transfer is made, the 10% rule must be satisfied. The donor will be able to take advantage of the tax benefits associated with the use of the CRUT if he or she complies with these requirements. Comparison of CRAT and CRUT This flowchart contrasts the different requirements for CRAT and CRUT, respectively that the donor must comply with. Nature of transfer of property In both trusts, the donor must make an irrevocable transfer of the property. Number of transfers In case of CRAT, the donor can make only one initial transfer of property to the corpus, whereas in case of CRUT, the donor can make more than one transfer of property to the trust.
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
  • Access to all documents
  • Unlimited textbook solutions
  • 24/7 expert homework help
2/24/24, 1:33 PM Charitable Gifting Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289646-dt-content-rid-67179705_1/courses/00cwr_metof106_o1/course/EP09_charitableGifting/all… 35/64 Comparison of CRAT and CRUT This flowchart contrasts the different requirements for CRAT and CRUT, respectively that the donor must comply with. Amount of income to be paid by trust In a CRAT, the trust must pay at least 5% of the initial value of the corpus. In a CRUT, the trust must pay at least 5% of the annually reappraised value of the corpus. Income payable to trust beneficiary The income payable to trust beneficiaries in a CRAT remains fixed once the initial payments are calculated, while in a CRUT it increases with each year as the value of the corpus increases in value. Remainderman In both types of trust, the donor is entitled to an immediate income tax deduction for the present value of the property that passes to the charity, as it is the remainderman. Estate tax charitable deduction In both types of trust, if the trust is structured to take effect upon the death of donor, so that some beneficiary receives the income, then the donor's estate receives an estate tax charitable deduction.
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
  • Access to all documents
  • Unlimited textbook solutions
  • 24/7 expert homework help
2/24/24, 1:33 PM Charitable Gifting Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289646-dt-content-rid-67179705_1/courses/00cwr_metof106_o1/course/EP09_charitableGifting/all… 36/64
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
  • Access to all documents
  • Unlimited textbook solutions
  • 24/7 expert homework help
2/24/24, 1:33 PM Charitable Gifting Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289646-dt-content-rid-67179705_1/courses/00cwr_metof106_o1/course/EP09_charitableGifting/all… 37/64 Net Income with Makeup Charitable Remainder Unitrust (NIMCRUT) The CRUT may also provide that the beneficiary may receive the lesser of the specified percentage of the trust assets or the trust income for the year, plus any excess trust income to the extent there was a deficiency in previous years. This is known as the "Net Income with Makeup Charitable Remainder Unitrust" NIMCRUT. NIMCRUTs can be used as an alternative to qualified pension plans by investing in assets that produce little or no income in the early years (while the donor's income is high) and then converting to high-income investments in later years, after the donor's retirement. Final regulations treat the value of the entire asset transferred to a NIMCRUT as the value of the gift if the grantor and/or the grantor's spouse are the only non-charitable beneficiaries. Example: A NIMCRUT keeps track of the deficiency between the income actually distributed and the percentage value since the deficiency may be "made-up" in future years from excess income in a subsequent year. When the income exceeds the fixed percentage amount, the "make up" amounts from previous years may be added to the fixed percentage amount, not to exceed the income for that year. YR FMV 5 % FMV Income Distribution MU (ann.) MU (total) Yr. 1 $1,000,000 $50,000 $40,000 $40,000 $10,000 $10,000 Yr. 2 $1,200,000 $60,000 $50,000 $50,000 $10,000 $20,000 Yr. 3 $1,300,000 $65,000 $90,000 $85,000 $0 $0 In year 3, add the $20,000 MU total to $65,000 (5%FMV) for a distribution of $85,000.
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
  • Access to all documents
  • Unlimited textbook solutions
  • 24/7 expert homework help
2/24/24, 1:33 PM Charitable Gifting Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289646-dt-content-rid-67179705_1/courses/00cwr_metof106_o1/course/EP09_charitableGifting/all… 38/64 Charitable Lead Trusts (CLT) A Charitable lead trust (CLT) is one where the donor gifts property, such as cash or income producing assets, to an irrevocable trust that pays a fixed income stream to a qualified charity for a period of years, usually not more than 20. When the charity's interest ends, the trust property reverts back to the donor or the donor's spouse, or can be transferred to other beneficiaries. The donor, as the grantor and the remainder beneficiary, is entitled to a charitable income tax deduction for the present value of the income payments gifted to charity. The donor is also taxed on the income the charity receives because the donor retains a reversionary interest in the property. This is an example of a grantor CLT. The income to charity is paid as a guaranteed annuity, a CLAT, or a fixed percentage of the trust assets revalued annually, known as a CLUT. Trust principal is invaded if income is insufficient to make payments to charity, which ultimately leaves less for the trust beneficiaries. The donor can transfer more assets into a CLUT to ensure the trust corpus is not reduced and to take a further income tax deduction in the year the transfer is made ( as long as the CLUT is a grantor trust). A CLAT is a better choice when interest rates are lower since smaller annuity payments to charity result in a greater value of the trust corpus for the remaindermen. When the charity's income interest has ended, the donor may choose to designate a non-spousal beneficiary to receive the remainder interest in the trust. This is an example of a non-grantor CLT. In this case, the donor is not entitled to an income tax deduction for the charity's income interest and the donor will not pay tax on the income the charity receives (as long as the trust is a non-grantor trust). The donor has also made a gift of the remainder interest to the non-spousal beneficiaries and the annual exclusion cannot be used to offset this future interest gift. However, the trust corpus will not be included in the donor's estate at death. Be aware that grandchildren are not ideal beneficiaries of a non-grantor CLAT since the grantor's GST exemption cannot be allocated to the trust when it is created, only when the charity's income interest ends. However, with a CLUT the grantor can allocate the GST exemption at the time the trust is initially funded.
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
  • Access to all documents
  • Unlimited textbook solutions
  • 24/7 expert homework help
2/24/24, 1:33 PM Charitable Gifting Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289646-dt-content-rid-67179705_1/courses/00cwr_metof106_o1/course/EP09_charitableGifting/all… 39/64 Charitable Gift Annuities Charitable gift annuities are arrangements made by qualified charities to obtain contributions from donors and provide them with annual fixed income payments for life. A charitable gift annuity is a contract, like any other annuity. The donor irrevocably transfers a gift of cash or assets to charity in exchange for a fixed income stream payout for life. The donor can also choose a designated beneficiary to receive a fixed payment for life. The property gifted to charity has a greater value than the total income that will be paid to the donor. Therefore, the donor will receive an immediate income tax deduction for the gift because the value of the property is greater than the present value of the total annuity payments. The amount of the income tax deduction is based on the present value of the future amount passing to charity and other factors such as how many annuitants will receive the income, their ages and life expectancies, the interest rate used, and when the payments will begin. The American Council on Gift Annuities voted to increase the "rate of return assumption" which is used as a guideline to set maximum payout rates. Effective 2024, the return assumption will increase from 4.5% to 4.75% which will increase a donor's income stream. The annuity payments from the charity are unsecured and their tax treatment is made up of a tax-free return of principal, unrealized capital gains and ordinary income on the interest received. A donor who outlives their life expectancy, which is used to calculate the annuity payments, will report their remaining payments as ordinary income. A donor who gifts the annuity payments to their spouse or who establishes a joint and survivor annuity with their spouse, may receive a gift tax marital deduction. A donor is subject to gift taxes if a non- spouse is designated as an income beneficiary. The gift tax is calculated on the present value of the income stream. An annual exclusion can be taken for an immediate annuity ( which is a present interest gift) but not for a deferred annuity (which is a future interest gift). A gift tax charitable deduction is available for the charitable contribution, based on the value of the property given to charity, minus the actuarial value of the annuity.
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
  • Access to all documents
  • Unlimited textbook solutions
  • 24/7 expert homework help
2/24/24, 1:33 PM Charitable Gifting Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289646-dt-content-rid-67179705_1/courses/00cwr_metof106_o1/course/EP09_charitableGifting/all… 40/64 Practitioner Advice Charitable gift annuity contracts can be structured as a "deferred gift annuity," so that a client will start receiving payments at a future date (or upon a future event such as retirement), rather than immediately while the client's effective income tax rate may still be high. In this way, the charitable gift annuity can be a tax-savvy component of an overall retirement plan.
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
  • Access to all documents
  • Unlimited textbook solutions
  • 24/7 expert homework help
2/24/24, 1:33 PM Charitable Gifting Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289646-dt-content-rid-67179705_1/courses/00cwr_metof106_o1/course/EP09_charitableGifting/all… 41/64 Pooled Income Funds Pooled income funds are trusts established by qualified charities to receive charitable donations from many donors. The funds are commingled together and the charity manages the fund's pool of investments. However, they cannot invest in tax exempt securities. When donors make charitable donations to these funds they are purchasing units that will pay them an annual income stream for life. Donors irrevocably gift assets that will give them a pro rata share of income based upon the rate of return earned by the fund. If this income is not sufficient, donors can make future contributions to the fund to increase their pooled income shares. Donors making charitable donations receive an income tax deduction for the present value of the charity's remainder interest in the property that passes to the charity at the donor's death. Donors will pay income taxes on the annual income distributions they receive from the charity. Since the donor is receiving income for life, the PV of the remainder interest given to charity is included in the donor's gross estate at death but offset by the estate tax charitable deduction. The donor may choose to have the income distributed entirely to their spouse. Donors should elect QTIP treatment on their gift tax return to receive a marital deduction for the income interest gifted since this is terminable interest property. Donors may also gift the income portion to non-spousal beneficiaries as well. In this case, the donor is subject to a potential gift tax for the present value of the income interest, but there is no gift tax for the remaining interest gifted to charity. At death, the decedent's will may direct a transfer of assets to the pooled income fund, naming the spouse as the income beneficiary. The donor's executor should make a QTIP election to give the decedent's estate a marital deduction for this terminable interest transfer. When the surviving spouse dies, the present value of the remainder interest to charity will be included in the spouse's estate, but will receive an offsetting charitable deduction. If the decedent's will names other beneficiaries to receive a lifetime income interest from the fund, then the present value of the income interest is included in the decedent's gross estate. The estate will receive a charitable deduction for the present value of the charity's remainder interest.
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
  • Access to all documents
  • Unlimited textbook solutions
  • 24/7 expert homework help
2/24/24, 1:33 PM Charitable Gifting Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289646-dt-content-rid-67179705_1/courses/00cwr_metof106_o1/course/EP09_charitableGifting/all… 42/64 Private Foundations Private foundations or family foundations are separate legal entities which are either not-for-profit corporations or tax-exempt trusts. They are legally complex and expensive to establish since the IRS must first issue a tax-exempt status as a private foundation, and set up and maintenance fees are high. The founder has total legal control over the entity during his or her lifetime and can transfer that control to his or her heirs at death. Most private foundations are funded, controlled and managed by wealthy family members who make tax-deductible gifts to the foundation. The foundation must distribute a minimum of 5% of its assets to public charities each year. All contributions made to the foundation during life or at death are free of gift, estate and generation skipping transfer taxes. Income tax deductions are limited to the following AGI limitations: 30% of AGI for cash 30% of AGI limited to basis for ordinary income assets (i.e. securities held for less than 1 year FMV up to 20% or basis up to 30% for appreciated long-term capital gain property (i.e. securities held for more than 1 year FMV up to 20% or basis up to 30% for tangible personal property held more than 1 year (use- related) 30% limited to basis for tangible personal property (use un-related) and Basis or replacement value up to 30% for Life insurance. Foundation directors can invest and manage the assets or have them managed professionally. The income earned by the foundation is not subject to income tax, but an excise tax of 1 to 2% is levied on net investment income. Private foundations establish a public legacy through the types of charitable organizations they choose to support. Family members can decide which charities to make donations to also how much to donate, when to make those donations, and receive payment for their work. The involvement of family members in the foundation is an excellent way of instilling and perpetuating philanthropic family values.
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
  • Access to all documents
  • Unlimited textbook solutions
  • 24/7 expert homework help
2/24/24, 1:33 PM Charitable Gifting Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289646-dt-content-rid-67179705_1/courses/00cwr_metof106_o1/course/EP09_charitableGifting/all… 43/64 Donor Advised Funds Donors who wish to actively manage their charitable donations are turning to donor advised funds with their charitable contributions. Many mutual fund companies and brokerage firms market and manage these funds. These funds can be established quickly and easily at the end of the tax year. Donors can contribute cash or appreciated securities that are owned for more than one year, to avoid paying capital gains on the appreciation. Contributions to qualified charities may result in income tax deductions if the donor itemizes deductions which are subject to adjusted gross income (AGI) limitations, and donations reduce the value of the donor's gross estate. Donors lose control over the assets when they transfer them to a donor advised fund, but they can make recommendations of grants to be paid from the fund to selected charitable beneficiaries. This flexibility lets donors decide at a later time which charities they choose to make grants to, while receiving a current year's income tax deduction. Unlike a private foundation, there is no minimum distribution that must take place each year. Practitioner Advice Donor Advised Funds receive 95% of current cryptocurrency donations. The charity administrator of a DAF account will exchange the cryptocurrency into US dollars and invest as per the DAF's asset allocations. The donor can then direct the monies to the charity of their choice by instructing the custodian organization.
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
  • Access to all documents
  • Unlimited textbook solutions
  • 24/7 expert homework help
2/24/24, 1:33 PM Charitable Gifting Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289646-dt-content-rid-67179705_1/courses/00cwr_metof106_o1/course/EP09_charitableGifting/all… 44/64 Traditional IRAs Retirement assets such as pensions, IRAs, 401(k) plans and profit-sharing plans are included in a decedent’s gross estate and are subject to estate tax. The assets are considered income in respect of a decedent (IRD). If a beneficiary receives an IRD asset at the owner’s death or the named beneficiary is the decedent’s estate, then double taxation can occur. Payments made to a beneficiary from retirement assets are subject to ordinary income taxes but a beneficiary can take an income tax deduction for a portion of the estate tax that is attributable to the IRD asset. Retirement assets from qualified plans and IRAs can be gifted to charity and the transfer is exempt from income, gift and estate taxes. Non-charitable beneficiaries such as spouses and family members can receive income from retirement assets that are transferred to a charitable remainder trust under a decedent’s will or revocable trust. The assets in a charitable remainder trust will grow tax-deferred and distributions to trust beneficiaries will be taxed as ordinary income, in the same manner as distributions are taxed from traditional IRAs. A gift of income to a spouse is offset by a marital deduction, but a gift of income to a non-spousal beneficiary of a charitable remainder trust is subject to gift tax for the present value of the income interest. Gifting IRA distributions to charity Traditional IRA owners over age 70½ may make charitable IRA distributions of up to $105,000 from their IRA to a qualified public charity in 2024. These donations are known as Qualified Charitable Distributions (QCDs). When a donor uses a QCD he will not receive an income tax deduction for the amount that he directs to charity, however, his RMD will be reduced by the amount that passes to the charity. A donor may direct up to $105,000 annually, even if his RMD amount is less than that. Under the SECURE Act 2.0 of 2022, the Required Minimum Distribution (RMD) age increased to age 73 for those who were born between 1951 to 1959, and to age 75 for those born afterwards. Therefore, there may be no immediate tax benefit for clients who do not have to take RMDs prior to age 73 to make a QCD before age 73, even though they are still permitted to do so. The owner of a traditional IRA must take required minimum distributions after they attain age 73. By making Qualified Charitable Distributions (QCDs) after age 73, the requirement to take mandatory distributions is met and the owner is not taxed on the income.
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
  • Access to all documents
  • Unlimited textbook solutions
  • 24/7 expert homework help
2/24/24, 1:33 PM Charitable Gifting Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289646-dt-content-rid-67179705_1/courses/00cwr_metof106_o1/course/EP09_charitableGifting/all… 45/64 As a result, this gift to charity keeps a required minimum distribution out of a taxpayer's adjusted gross income. This might reduce income below certain cut-off levels that would trigger taxes and charges. For example, a lower AGI would reduce your provisional income which might result in lowering or eliminating your taxes on Social Security benefits. It might also reduce your Medicare Part B and Part D premium amounts and/or keep you from paying an alternative minimum tax. Taxpayers who do not itemize their deductions can take advantage of making this tax-free transfer. However, the IRA owner will not receive an income tax deduction for the RMD amount given to charity. By using the QCD, taxpayers get the standard deduction plus they can exclude that amount from their RMD income. It is actually more advantageous for the owner to gift the IRA dollars than to write a check to charity because the owner would not be subject to AGI limitations that could reduce the value of the charitable gift. Also, the contribution won't count towards the annual cap of cash gifts for the year, which is 60% of AGI. Qualified Charitable Distributions must be made directly from the IRA to a qualified public charity. Gifts to donor advised funds or private foundations do not qualify. Donors must obtain a receipt from the charity that confirms the amount of the gift and the date the gift was made. Example Colleen wishes to support her university however she does not have significant cash or other investable assets with which she can make the contribution. Colleen has an IRA and her RMD for this year is $68,000. She does not need the RMD to meet her living expenses so she directs $50,000 to the university. Colleen's RMD will be reduced by $50,000. She will not deduct the $50,000 on her income tax return, but the taxable portion of her RMD for the year will be only $18,000.
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
  • Access to all documents
  • Unlimited textbook solutions
  • 24/7 expert homework help
2/24/24, 1:33 PM Charitable Gifting Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289646-dt-content-rid-67179705_1/courses/00cwr_metof106_o1/course/EP09_charitableGifting/all… 46/64 Practitioner Advice Married couples who are over age 73 who both qualify for the QCD and have traditional IRAs that are subject to required minimum distributions can each use the QCD to increase their tax benefits. For example, assume a couple over 73 is in a 22% tax bracket and their deductions are not over the standard deduction amount of $32,300 in 2024 ($29,200 + $1,550 for each spouse over age 65). If the couple's combined QCDs are $10,000 the couple has saved an additional $2,200 in taxes. Tax savings can be much greater for clients who give more to charity and who are in a higher tax bracket.
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
  • Access to all documents
  • Unlimited textbook solutions
  • 24/7 expert homework help
2/24/24, 1:33 PM Charitable Gifting Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289646-dt-content-rid-67179705_1/courses/00cwr_metof106_o1/course/EP09_charitableGifting/all… 47/64 Gift of Life Insurance As people age, they may no longer need to keep their life insurance policy if their estate does not have liquidity needs or an estate tax liability. A life insurance policy can be gifted outright to a charity or to a donor advised fund to provide a donor with a charitable income tax deduction if the donor itemizes deductions. Some benefits for gifting life insurance policies to charities include: The death benefit the charity receives is a fixed amount that is guaranteed as long as premiums are paid. Even if death occurs after only one deposit, the charity is assured of its full gift. A large future benefit can be provided to the charity for a small annual premium cost. The donor does not have to divest other assets or investments, or dilute control of a family business interest to make the gift. The charity receives the death proceeds free from federal income and estate taxes, probate costs, and administrative or transfer costs. Payment of a gift made to a charity under a decedent's will may be subject to probate costs and delays. A gift of a life insurance policy to charity is valued according to the same gift tax rules as any other gift of property, i.e. the fair market value at the date of the gift. A donor who is the owner and the insured may deduct the fair market value of the policy as a charitable deduction on his or her income tax return, limited to 30% of AGI for a qualified public charity. The fair market value is the replacement cost of the policy. For a premium-paying policy, the replacement cost is the interpolated terminal reserve plus any unearned premium at the date of the gift. For a single premium or paid-up policy, the replacement cost is based on the single premium the same insurer would charge for a policy of the same amount at the insured's attained age (increased by dividend credits and reduced by outstanding loans.) The replacement cost of a newly issued policy is the gross premium paid by the insured. A gift of life insurance is at least partially a gift of ordinary income property. When life insurance is sold at a gain, the gain is taxed at ordinary income rates to the extent the cash surrender value exceeds premiums paid and capital gain for any excess value over cash surrender value. As such, the charitable deduction is equal to the LESSER of the donor's adjusted basis or the fair market value of the life insurance policy. If the fair market value of the policy exceeds the policyholder's net premium
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
  • Access to all documents
  • Unlimited textbook solutions
  • 24/7 expert homework help
2/24/24, 1:33 PM Charitable Gifting Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289646-dt-content-rid-67179705_1/courses/00cwr_metof106_o1/course/EP09_charitableGifting/all… 48/64 payments, the charitable deduction is limited to the donor's basis which is the net premium payments made. The value of the gift is not the face amount of the insurance policy. Review Question Let's assume A is owner and insured on a life insurance policy with a face amount of $50,000. The annual premium on this policy is $5,000, and the interpolated terminal reserve cash value is $14,000. The total premium paid on this policy was $10,000. What is the value of the charitable gift if A absolutely-assigns the $50,000 policy to Charity C? When a life insurance policy with ongoing premiums is donated to charity, it is the charity's responsibility to pay the premiums. A donor may also pay the premiums which are considered gifts of cash, and they are fully and currently deductible as charitable contributions if the charity owns the policy outright. The donor sends his check directly to the charity and can take a full deduction up to 60 percent of his contribution base. Charities prefer to receive policies with no ongoing premiums since they must send the donor a gift receipt each time a premium payment is contributed.
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
  • Access to all documents
  • Unlimited textbook solutions
  • 24/7 expert homework help
2/24/24, 1:33 PM Charitable Gifting Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289646-dt-content-rid-67179705_1/courses/00cwr_metof106_o1/course/EP09_charitableGifting/all… 49/64 Practitioner Advice: One important thing to remember with respect to charities and gifts of life insurance is the insurable interest rule. Subject to state law, in order for an individual to receive a deduction for the gift of a life insurance policy or for premiums paid, the charity must have an insurable interest in the insured. Otherwise, proceeds could be included in the insured's estate and thus, subject to federal estate tax. Most states now have insurable interest statutes giving charities an insurable interest in the lives of their contributors. Some states require the charity to be the owner and irrevocable beneficiary while others allow the insured to be the initial owner if a subsequent transfer to the charity is made.
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
  • Access to all documents
  • Unlimited textbook solutions
  • 24/7 expert homework help
2/24/24, 1:33 PM Charitable Gifting Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289646-dt-content-rid-67179705_1/courses/00cwr_metof106_o1/course/EP09_charitableGifting/all… 50/64 Tax Implications of Charitable Gifting There can be significant estate, gift and income tax implications resulting from a lifetime gift of property to a qualified charity: This can effectively "freeze" the estate tax liability in the donor's estate so as to prevent it from increasing. It can also reduce the estate tax liability, because the FMV of the asset on the date of the gift is removed from the donor's gross estate. For a donor who gifts property that is appreciating in value, the lifetime gift removes the property and all further appreciation of it from the donor's gross estate. This can effectively freeze the estate tax liability of the donor's estate so as to prevent it from increasing. It can also reduce the estate tax liability because the FMV of the asset on the date of the gift is removed from the donor's gross estate. An appreciated asset may be transferred into a charitable trust without requiring that the donor recognize the gain in that asset. A gift of property to a qualified charity may also provide the donor with significant income tax savings in the form of charitable deductions. The deductions can be used to offset the donor's income tax liability. In addition, if the property, which is gifted, is income producing, the donor acquires additional income tax savings , since the donor no longer receives the income. If appreciated property is transferred to a GRAT, GRUT or QPRT, the tax on any gain will eventually be paid by the grantor, or the trust, or the beneficiaries. Having taxes paid by the grantor may not, however, be a disadvantage, since the purpose of the trust is to "defund" the grantor's estate and shift as much wealth as possible to the remainder person with minimal gift taxes. Finally, the gift of property to a qualified charity can produce significant gift tax savings for the donor. For clients who are charitably inclined, a gift to a qualified charity is not taxed due to the donor's annual exclusion and the gift tax charitable deduction. The donor's lifetime gift tax exclusion is not reduced so it remains available to offset gift taxes on gifts made to non- charitable beneficiaries. Therefore, for a donor seeking to reduce estate, income and gift taxes, a gift to a qualified charity may satisfy all of these objectives.
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
  • Access to all documents
  • Unlimited textbook solutions
  • 24/7 expert homework help
2/24/24, 1:33 PM Charitable Gifting Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289646-dt-content-rid-67179705_1/courses/00cwr_metof106_o1/course/EP09_charitableGifting/all… 51/64 Identity of the Donee The identity of the donee can determine the maximum amount of a charitable income tax deduction. If the donee is a public charity, then the maximum annual charitable income tax deduction is: Maximum Annual Charitable Income Tax Deductions. This flowchart illustrates the maximum amount of annual charitable deductions for different types of gifts if the donee is a public charity. Gifts of cash 60% of the donor's AGI. Gifts of ordinary income property 50% of the donor's AGI, limited to the donor's basis. Gifts of long-term capital gain property! 30% of the donor's AGI, based upon FMV of the asset (except where the donor may elect to use the basis to become eligible for a 50% AGI deduction.
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
  • Access to all documents
  • Unlimited textbook solutions
  • 24/7 expert homework help
2/24/24, 1:33 PM Charitable Gifting Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289646-dt-content-rid-67179705_1/courses/00cwr_metof106_o1/course/EP09_charitableGifting/all… 52/64 Maximum Annual Charitable Income Tax Deductions. This flowchart illustrates the maximum amount of annual charitable deductions for different types of gifts if the donee is a public charity. Gifts of use- related tangible personal property 30% of the donor's AGI, based upon FMV of the asset. Gifts of use- unrelated tangible personal property 50% of AGI, based upon the donor's basis in the asset. The income tax deductions for gifts to private charities are significantly lower than those to public charities. An example of a private charity is a private foundation. The amount of the income tax deduction for a gift of appreciated assets to or for the use of a private charity is limited to the donor's basis in the property. However, certain gifts of qualified appreciated stock may be deductible at their full FMV. An example of qualified appreciated stock is publicly traded stock (with certain exceptions) which, if sold on the date of the gift, would result in a long-term capital gain. The AGI limitation for contributions of long-term capital assets to private charities is the lesser of 20% of the donor's AGI or 30% of the donor's AGI less the amount of charitable deductions allowed for public charities. If a gift of an asset other than a long-term capital asset is made to a private charity, the income tax deduction is the lesser of 30% of the donor's AGI or 50% of the donor's AGI less the amount of charitable deductions taken for public charities.
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
  • Access to all documents
  • Unlimited textbook solutions
  • 24/7 expert homework help
2/24/24, 1:33 PM Charitable Gifting Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289646-dt-content-rid-67179705_1/courses/00cwr_metof106_o1/course/EP09_charitableGifting/all… 53/64 Defining Public Charity Under IRC Section 170, the charitable deductions we have already discussed, 30%/50% of AGI, are only allowed for contributions to qualified public charities. Examples of these charities include: nonprofit schools universities institutions of higher learning churches synagogues the Young Men's Christian Association (YMCA) the Young Women's Christian Association (YWCA) the United Fund the United Way the American Red Cross, and the Boy Scouts and Girl Scouts of America. Qualified organizations also include groups whose primary purpose is to assist in the discovery of a cure for a disease , such as: the Heart Association the American Cancer Society the American Diabetes Association the Arthritis Foundation, and the Society for the Prevention of Blindness. As long as the organization has, as its primary purpose , some religious , educational , philanthropic , scientific , or literary purpose , and is intended to benefit the public at large , it will be a public charity.
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
  • Access to all documents
  • Unlimited textbook solutions
  • 24/7 expert homework help
2/24/24, 1:33 PM Charitable Gifting Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289646-dt-content-rid-67179705_1/courses/00cwr_metof106_o1/course/EP09_charitableGifting/all… 54/64 Case Studies The organization does not qualify for a charitable deduction if its purpose is to influence legislation or political ideologies. Therefore, most political action committees and political action groups ( for example , Common Cause, the National Rifle Association, or any political group that hires lobbyists, such as the American Dairy Association) cannot obtain a charitable deduction for donors who contribute property to them. Practitioner Advice Charitable contribution deductions are allowed for donations of goods—such as clothes and household items, that are in usable good condition. The deduction amount is limited to the item's fair market value at the time of contribution—for example, its thrift-store price. When a taxpayer who itemizes claims more than $500 in total deductions for non-cash contributions, they must file IRS Form 8283 with their tax return. Taxpayers who donate more than $250 to a qualified charity must retain a receipt from the charity to document the contribution.
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
  • Access to all documents
  • Unlimited textbook solutions
  • 24/7 expert homework help
2/24/24, 1:33 PM Charitable Gifting Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289646-dt-content-rid-67179705_1/courses/00cwr_metof106_o1/course/EP09_charitableGifting/all… 55/64 Module Summary Charitable Gifting A. Outright gifts B. Charitable Remainder Trusts 1. Unitrusts (CRUTs) 2. Annuity trusts (CRATs) C. Charitable Lead Trusts 1. Unitrusts (CLUTs) 2. Annuity trusts (CLATs) D. Charitable gift annuities E. Pooled income funds F. Private foundations G. Donor advised funds H. Charitable remainder I. Inter-vivos and testamentary charitable gifts A. Outright Gifts The donor can make an outright gift to a qualified charity and receive a charitable income tax deduction for FMV or basis according to the type of property gifted. Gifts of cash that are donated directly to charity receive an income tax deduction up to 60% of the donor's AGI. Example : If a life insurance policy is gifted to charity the donor's income tax deduction is the lesser of the replacement cost of the policy (up to 30% of AGI) or basis, which is the amount of premiums paid for the policy (up to 50% of AGI). Gifts to charity are not taxed because the donor's annual exclusion and charitable gift tax deduction reduce the gift tax to zero. The donor can also make testamentary gifts to qualified charities and receive an estate tax charitable deduction, but no charitable income tax deduction.
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
  • Access to all documents
  • Unlimited textbook solutions
  • 24/7 expert homework help
2/24/24, 1:33 PM Charitable Gifting Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289646-dt-content-rid-67179705_1/courses/00cwr_metof106_o1/course/EP09_charitableGifting/all… 56/64 B. Charitable Remainder Trusts A grantor irrevocably transfers assets to a trust, receives payments for up to 20 years or life, and the remainder interest passes to charity at the grantor's death. Grantors often transfer appreciated stock with a low basis to the trust since the charity can sell the stock without paying taxes on capital gains. Consequently, more money is available in trust to produce a greater income stream for the donor and/or the donor's spouse. Annual payouts cannot exceed 50% of the initial FMV of the assets transferred into the trust, and the remainder interest must be at least 10% of the net FMV of the assets. CRAT – Donor receives fixed annual payments which are at least 5% of the initial value of the property transferred into the trust, paid from trust income. If the trust produces insufficient income, payments must be made from principal. Fixed payments are an inflation concern because additional assets cannot be added to the trust to generate more income. CRUT – Donor receives a fixed percentage of the assets for life,which is at least 5% of the trust assets, revalued annually. Payments are based on the trust's investment performance, which can be an inflation hedge. More assets can be added to the trust to produce greater income, if desired. With CRUTS, theIRS allows, but does not require, invasion of trust principal to make payments. If the trustee must dip into corpus to make payments, there is less corpus available to generate a future income stream. NIMCRUT – Net Income Makeup CRUT. If the trust states that invasion of principal is not mandatory to meet income payments, then the trust can have a "make-up" provision. A beneficiary can receive the lesser of a percentage of income or the actual trust income each year, plus any excess income had there been a deficiency in previous years. Assets should produce little income in early years while the beneficiary's income is greater, then the trustee should convert to higher income investments in retirement years when the beneficiary is in a lower tax bracket. Estate and gift taxes for CRATs and CRUTs Donor takes an income tax deduction for the present value of the charity's remainder interest. A larger income tax deduction is taken for a CRAT or a trust with a shorter income interest, since the charity will receive the remaining assets sooner. The donor and/or the donor's spouse are taxed on the annual income received.
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
  • Access to all documents
  • Unlimited textbook solutions
  • 24/7 expert homework help
2/24/24, 1:33 PM Charitable Gifting Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289646-dt-content-rid-67179705_1/courses/00cwr_metof106_o1/course/EP09_charitableGifting/all… 57/64 Gift tax: If the income beneficiary is not the donor or the donor's spouse, the present value of the income interest is subject to gift tax. Estate tax: All trust assets are included in the donor's or the spouse's estate at death, but this amount is offset by the estate tax charitable deduction. Testamentary CRAT or CRUT: If the income beneficiary is a non-spouse, the present value of the income interest is included in the donor's estate. C. Charitable Lead Trusts There are two kinds of charitable lead trusts, grantor trusts and non-grantor trusts. These irrevocable trusts are funded with cash or income producing property to give charities an income stream for a number of years. With a grantor charitable lead trust, a grantor receives a charitable income tax deduction for the present value of the income payments the charity receives over the income term. The trust property reverts back to the grantor or the grantor's spouse when the charity's income interest ends. Therefore, this reversionary interest is included in the grantor's estate. The grantor is taxed on the income generated from the trust property every year. With a non-grantor charitable lead trust, the trust corpus is transferred to non-grantor trust beneficiaries when the charity's income interest ends. The grantor is not entitled to a charitable income tax deduction for the income stream donated to charity, but the grantor does not pay any income taxes on the trust income. The gift of the remainder interest to a non-spousal beneficiary is the present value of the remainder interest, not subject to annual exclusions. The corpus is not included in the grantor's estate at death. The two types of charitable lead trusts are charitable lead annuity trusts ( CLATs ) and charitable lead unitrusts ( CLUTs ). The income distributed to charity is paid as a guaranteed annuity in a CLAT, or a fixed percentage of trust assets revalued annually in a CLUT . With a CLAT, the trust principal is invaded if the income is insufficient to make payments to charity, which leaves less in trust for the remainder beneficiaries. The grantor cannot transfer more assets into the CLAT to guarantee fixed income payments as they can with a CLUT. A CLAT is better when interest rates are low since smaller annuity payments are made to charity, leaving more for the trust beneficiaries.
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
  • Access to all documents
  • Unlimited textbook solutions
  • 24/7 expert homework help
2/24/24, 1:33 PM Charitable Gifting Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289646-dt-content-rid-67179705_1/courses/00cwr_metof106_o1/course/EP09_charitableGifting/all… 58/64 D. Charitable Gift Annuities A donor transfers cash or property to a charity and the charity pays the donor or other donees an annuity payment each year for life. Gift tax – charitable deduction is the FMV of the property given to charity minus the actuarial value of the annuity. Gift annuity to spouse – a marital deduction is available if the spouse receives all annuity payments and has a general POA over payments after the donor's death. Joint and survivor annuity – decedent can take a marital deduction for the value of the spouse's annuity interest included in the decedent's estate. Other beneficiaries of annuity payments – gift tax is the present value of the annuity payments. E. Pooled Income Funds A donor irrevocably gifts property to a charity and receives an annual pro rata share of income from the charity's commingled funds for life. Additional gifts can be made to the fund to increase the donor's income stream.The charity manages the fund which cannot invest in tax-exempt securities and receives the remainder when the donor's income interest ends. Income tax consequence: Donor takes an income tax deduction for the present value of the charity's remainder interest. The donor pays income taxes on the income received from the fund. A donor who gifts the income to a spouse can elect Q-TIP treatment on the gift tax Form 709 to receive a marital deduction for the spouse's income interest. A donor who gifts the income to a non-spouse may incur a gift tax for the present value of the income interest, but a charitable deduction is available for the present value of the charity's remainder interest. Estate tax: Decedent bequeaths funds to charity with the surviving spouse as the income recipient. Executor makes a Q-TIP election to obtain a marital deduction for this terminable interest. The present value of the remainder interest to charity will be included in the surviving spouse's estate, but will receive an estate tax charitable deduction.
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
  • Access to all documents
  • Unlimited textbook solutions
  • 24/7 expert homework help
2/24/24, 1:33 PM Charitable Gifting Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289646-dt-content-rid-67179705_1/courses/00cwr_metof106_o1/course/EP09_charitableGifting/all… 59/64 Estate tax: If the decedent's will names other beneficiaries as lifetime income recipients, then the estate only receives a charitable deduction for the present value of the charity's remainder interest. F. Private Foundations Private foundations are a separate legal entity, either a not-for-profit corporation or a tax-exempt trust. Most are funded and controlled by family members, and set-up and maintenance fees are high. Family members who make gifts to the foundation may take an income-tax deduction limited to 30% for cash and to 20% for long-term capital gains property. The foundation must distribute a minimum of 5% of the assets to public charities every year. G. Donor Advised Funds Donor advised funds are maintained by charities, community foundations or mutual fund companies. Donors may irrevocably contribute cash, stock or other property to their individual fund accounts and select the charities to receive their grants. Donors are entitled to an income tax deduction based on the type of property contributed, subject to AGI limitations. H. Charitable remainder A donor can gift a farm or a personal residence to a charity while living there for life. The donor takes an income tax deduction for the present value of the remainder interest given to charity, calculated actuarially. A decedent can also bequeath a life estate in the home to a spouse or other beneficiary at death and have the charity receive the property after they die. The estate can take a marital and charitable deduction for property passing to a spouse and charity, but can only take a charitable deduction for the present value of the charity's remainder interest if the property is bequeathed to a non-spouse. I. Inter-vivos and Testamentary Charitable Gifts The charitable deduction is subtracted from the decedent's adjusted gross estate to reduce the taxable estate. Gifts of property to charity at life or death may result in income, gift and estate tax benefits. A consequence of gifting or bequeathing property to charity is that there are fewer assets to
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
  • Access to all documents
  • Unlimited textbook solutions
  • 24/7 expert homework help
2/24/24, 1:33 PM Charitable Gifting Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289646-dt-content-rid-67179705_1/courses/00cwr_metof106_o1/course/EP09_charitableGifting/all… 60/64 transfer to heirs, which may be an estate planning concern. Often life insurance is purchased for wealth replacement to ensure that beneficiaries receive an equitable value at the insured's death.
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
  • Access to all documents
  • Unlimited textbook solutions
  • 24/7 expert homework help
2/24/24, 1:33 PM Charitable Gifting Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289646-dt-content-rid-67179705_1/courses/00cwr_metof106_o1/course/EP09_charitableGifting/all… 61/64 Practice Questions Which of the following statements is not correct in regards to gifting life insurance to charity? The donor can deduct the interpolated terminal reserve plus and unearned premium at the date of the gift for a premium-paying policy on their income tax return. The donor can deduct the amount that the same issuer would charge for a policy of the same amount, at the insured’s attained age (increased by credits and reduced by outstanding loans), for a single premium policy on their income tax return. The donor can deduct the premiums paid up to the date of transfer for a premium-paying policy on their income tax return. The donor can deduct the amount of the gross premium paid by the insured for a newly issued paid up policy on their income tax return. Elaine makes a gift of Exxon stock that she has owned for five years to a qualified public charity. The value on the date of the gift was $45,000. Elaine’s adjusted gross
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
  • Access to all documents
  • Unlimited textbook solutions
  • 24/7 expert homework help
2/24/24, 1:33 PM Charitable Gifting Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289646-dt-content-rid-67179705_1/courses/00cwr_metof106_o1/course/EP09_charitableGifting/all… 62/64 income for the year was $75,000. What is the maximum charitable deductions that Elaine can take? $27,500 $22,500 $15,500 $8,500 The donor’s charitable deduction is limited to the basis in the asset, subject to 50% of AGI, for which of the following gifts? A civil war musket to a historical museum A first edition book to a college A diamond ring to a synagogue A Picasso painting to an art museum
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
  • Access to all documents
  • Unlimited textbook solutions
  • 24/7 expert homework help
2/24/24, 1:33 PM Charitable Gifting Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289646-dt-content-rid-67179705_1/courses/00cwr_metof106_o1/course/EP09_charitableGifting/all… 63/64 Which of the following are requirements for a CRAT? The donor must irrevocably transfer the property to the trust. A CRAT can only be created during the donor’s lifetime. The donor can make multiple transfers of property into the trust. The income payments to the trust beneficiary remain fixed once they are calculated. The value of the charitable interest must equal at least 10% of the value of the assets when they are transferred into the trust. Which of the following are requirements for a CRUT? The income payments to the trust beneficiary remain fixed once they are calculated. A CRUT can be created during the donor’s lifetime or at their death.
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
  • Access to all documents
  • Unlimited textbook solutions
  • 24/7 expert homework help
2/24/24, 1:33 PM Charitable Gifting Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289646-dt-content-rid-67179705_1/courses/00cwr_metof106_o1/course/EP09_charitableGifting/all… 64/64 The donor can make only one initial transfer into the trust. The value of the charitable interest must equal at least 10% of the value of the assets when they are transferred into the trust. The trust must pay out a minimal amount of at least 5% and not more that 50% of the annually reappraised value of the trust corpus. Which testamentary gift is better to pass to charity than to the decedent’s beneficiaries? A decedent's life insurance policy A decedent’s IRA A decedent’s bank accounts and investment accounts titled as TOD and POD
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
  • Access to all documents
  • Unlimited textbook solutions
  • 24/7 expert homework help