PLANNED GIVING Cherokee Arts CenterWilliam Clay Tucker, CAP, CRPS, CMFCChartered Advisor in PhilanthropyWoodville Advisory Svcs., LLC770-778-5242; firstname.lastname@example.org
Planned Giving Programs• Basics of Planned Giving Strategies• The various Planned Giving tools, techniques and the basics of how they work• An overview of the tax implications to the donor for the gifting options• Who is on GRN “Team”
What is Charitable Gift Planning?Charitable Gift Planning is the process of cultivating, designing, facilitating,and stewarding gifts to charitable organizations.Charitable Gift Planning:• Uses a variety of financial tools and techniques for giving• Requires the assistance of one or more qualified specialists• Utilizes tax incentives that encourage charitable giving, when appropriate• Covers the full spectrum of generosity by individuals and institutions, and is based on powerful traditions of giving in the United States
What are Planned Gifts?Planned Gifts are a variety of charitable giving methods that allow you toexpress your personal values by integrating your charitable, family, andfinancial goals.Making a planned charitable gift usually requires the assistance of the charity’sdevelopment professional and/or a knowledgeable advisor(s) such as anattorney, financial planner, or CPA to help structure the gift.Planned Gifts can be made with cash, but many are made by donating assets.Such as securities, real estate, art, or business interests – the possibilities areendless. Planned Gifts can provide valuable tax benefits and /or lifetimeincome for the donor, donor and spouse, or other family members. The mostfrequently-made planned gifts are bequests to charities, made via wills ortrusts.
Why Make a Planned Gift?Many people want to make charitable gifts but need to do so in a way that helps meettheir other personal, family, or financial needs. Planned Gifts give donors the option formaking charitable gifts in a ways that may allow one to:• Make a larger gift than thought possible• Increase current income• Plan for the future needs of a spouse or loved one• Provide inheritances for heirs at a reduced tax cost• Reduce income tax and/or avoid capital gains tax• Diversify investment portfolio• Receive income from personal residence or farm• Plan for the transfer of a business• Leave a charitable legacy for future generations
Types of Planned Gifts• Bequests – make up over 80% of all Planned Gifts• Life Insurance• Retirement Accounts (IRA, 401k, 403b, etc.)• Life Estate• Charitable Remainder Trust (CRT)• Charitable Lead Trust (CLT)• Charitable Gift Annuity (CGA)• Immediate Legacy• Donor Advised Fund (DAF)
Bequests and Estate Tax• Deductible for estate tax if – Made to eligible charity – The amount can be ascertained with reasonable certainty – Passes in appropriate legal form rather than executor’s discretion – Cannot be defeated by a contingency, event, or person
Now/Later?• Give now or at death?• Income tax deduction is available for life time gifts – that is one advantage• Charities prefer “now” money• Donor may enjoy giving while alive• Advisor(s) can compute whether a major life time gift is possible
Gifts of Real Estate• Real estate is 50% of individual wealth, but only 2% of gifts• A largely untapped market for planned gifts To Prepare to Accept Real Estate• Include in Gift Acceptance Policies• Have a Gift Acceptance Committee• Establish if property is usable for CAC purposes• Consider transaction costs & carrying costs• Consider need for appraisal• Consider EPA inspection• Consider need for a real estate attorney to review title• Consider holding period – when will it sell?• Who will pay any debt associated with property?
Retirement Accounts• Gain inside an IRA, 401(k), or deferred annuity is taxable at death as “income with respect to a decedent.”• IRD is taxed first under the estate tax rules. Then it is taxed again under the income tax rules. The income taxable amount is reduced by the estate tax attributable to the IRD. Practical Points• Clients generally have a variety of assets.• Capital gain assets (in years other than 2010), get a stepped up basis at death.• IRD(Income in Respect of Decedent) assets can be subjected to double tax: estate tax and income tax.• It just makes good sense to send the IRD assets to charity, for those making gifts, and the capital gain assets to heirs.
Uses of Life Insurance• Gift of existing policy: Make CAC beneficiary or gift unneeded policy to GRN: • Income tax deduction for fair market value or basis, if less. • Deduct premiums up to 50% of AGI if check is made out to charity which then pays premium • Deduct up to 30% of AGI if charity owned policy premium is paid by donor direct to insurance company • Policies with FMV in excess of $5,000 require qualified appraisal• Encumbered Life Insurance – if policy has an outstanding loan – Red Flag/Avoid
Insurance and IRA• Make charity the beneficiary of the IRA• Meanwhile, use income from the IRA to fund life insurance payable to heirs• Result can be better than having the IRA go to heirs, while some other asset goes to charity Zero Estate Tax Planning• Wealthy clients will most always say that they have a good estate plan. When asked if they will still be paying some level of estate taxes, many will say they are• To get to Zero Tax, charitable tools may be needed• As part of such a plan, life insurance often finds a natural role
CRTs, CGAs, and CLTs• Each requires donor to make an irrevocable transfer to a charitable entity• Each generates an income stream to the donor or an individual or individuals named by the donor.• Each is part charitable and part non-charitable• Each generates an income tax charitable deduction for the charitable portion of the gift• We will consider each tool in turn
Charitable Remainder Trust• An irrevocable arrangement in which a donor transfers assets in trust in exchange for an income interest. Parties to a CRT• Donor(s)• Trustee – Administration – Investment management – Tax reporting• Income Beneficiary (donor or other)• Remainder Beneficiary (charity)• Heirs
Charitable Remainder TrustsDonor CRT Charity• Donor gifts cash or assets• Deduction is for remainder interest• Income back to donor• Remainder to charity at end of the trust term
Types of CRT• Charitable Remainder Annuity Trust (CRAT)• Charitable Remainder Unitrust (CRUT)• Net Income Charitable Remainder Unitrust (NICRUT)• Net Income With Makeup Charitable Remainder Unitrust (NIMCRUT)• Flip Unitrust
CRAT• Pays fixed income to income beneficiaries• Fixed % of initial contribution• No adjustments to payout based on trust balance• No additional contributions to the trust
CRAT• Must pass 5% probability test (a less than 5% chance that the trust will exhaust before the end of its term, based on factors in place when trust is established)• Must pass 10% remainder test (must show at least a 10% remainder based on current assumptions when trust is established)• CRAT may in reality exhaust itself, terminating income payout and leaving nothing for charity
CRUT• Pays a fixed percentage of whatever the trust has grown to or shrunk to• Income to donor varies• Additional contributions are allowed• Must pass 10% remainder test• 5% test always met – the trust pays a percentage of the remaining balance, and so the trust may dwindle but not exhaust.
Permissible Trust Terms• Life, or lives• Term of years not to exceed 20• Combination of the above
Among Assets to Avoid• Partnership interests – Income passes through to trust creating unrelated business taxable income which is taxed at 100%• Personal residence – Cannot live in residence without committing self dealing Excellent Assets• Appreciated publicly traded securities• Unencumbered real estate
Estate Tax Issues• Assets in CRT are includible in the donor’s estate• Charitable deduction generally will remove CRT assets from the taxable estate• Income to spouse may be excluded from decedent donor’s estate• Income to anyone other than spouse causes inclusion of all CRT income in the decedent donor’s estate
Gift Annuity GiftDonor Charity Annuity• Donor gifts cash or assets• Often used for gifts of $50,000 or even less• The charity itself is the payer; no trust involved• Deduction is for remainder interest• Income back to donor is taxed with basis, capital gain, and incomepro rata
Benefits of Gift Annuity• Income for life• Partial income tax deduction• Can defer capital gain• No legal work required• Can be done for small amounts Essential Elements• One or two lives• Not a term of years• The annuity payments are fixed and are not based on the charity’s own return• Gift portion must represent at least 10% of the gift’s value on date of contribution
Payout• Based on income beneficiary’s age at time of gift• Charity is free to set its own rates• Uniform (suggested) rates set by American Council on Gift Annuities (since 1927)• ACGA rates designed to retain half of gift for charity at life expectancy• Rather than GRN managing funds and distribution, can use outside providers.
Prospects• Typical gift annuity donor is single, age 77• Median CGA is $57,000• Competes with a CD for those with charitable intent Advantages to Donor• Easy to understand• Provides donor with guaranteed income stream• Transaction is part gift• Income tax charitable deduction in year of gift• Beneficial capital gains treatment for donor• Simple documents, little or no legal expense
Charitable Lead Trusts Asset AssetDonors CLT Remainder For non-grantor, Income CLT remainder goes to heirs; with grantor trust may go back to donor Charities
Charitable Lead Trusts• “Split-interest” gift with a “lead (income) interest” and a remainder interest• “Lead interest” goes to one or more qualified charitable organization(s)• Remainder interest goes to non-charitable entity• Income not tax exempt
Simple Points to Remember• 90+% of CLTs are for estate tax reduction, not income tax reduction.• Used by very wealthy families to reduce or zero out an estate for transfer tax purposes.• Can be set up during life or at death• Compete with Foundations in some respects as grant-making entities.
CLT Formats and Terminology• CLUT • Testamentary – Income to charity varies – Set up to start at death• CLAT • Inter Vivos – Income to charity fixed – Set up during lifetime • Non-Grantor – Estate tax tool • Grantor – Income tax tool
Benefits of Non-grantor CLT• Zero out an asset • Help charity with• Or greatly reduce its stream of income value for transfer tax during trust term• Can zero out an entire estate
Permissible Payout Term• For either a fixed term or “lives in being” – limited to one or more of the donor, the donor’s spouse, or a lineal ancestor or spouse of a lineal ancestor of all of the remainder beneficiaries• Remainder to any non-charitable entity – may include Donor or Donor’s “heirs”
Charitable Lead Annuity Trust• Irrevocable gift to Trust, paying a fixed amount to Charity annually – may be stated as a fixed dollar amount or – may be stated as percentage of initial value – payout does not change as assets in trust go up and down – no upper or lower limit on percentage/annuity amount Charitable Lead Unitrust• Irrevocable gift to Trust, paying a fixed percentage of assets to charity based on the value of those assets, as revalued annually – no upper or lower limit on percentage/annuity amount
CLT Donor Profile• A client who wants to benefit charity• Client whose non-charitable remainder beneficiaries can afford to wait for property (BUT, think Irrevocable Life Insurance Trust as a temporary solution)• Client who can forego income from CLT assets for term of trust• Client is making gifts to charity• Use CLT to make current gifts• Move assets dedicated to supporting current gifts from taxable estate and begin moving principal (and any net growth) to heirs today
Non-Grantor CLT Prospect• Donor is hitting the AGI limits for annual gifts• Consider gifting to CLT an income producing asset.• Income from asset is 100% deductible to trust, but limited to a fraction of AGI in donor’s hands.• Net result: Donor need no longer realize income from the asset that donor cannot deduct as a gift.
CLT versus Foundation• Client considering a foundation?• Maybe a CLT would do the same job better.• A CLT is donor-created grant-making entity, but one that will eventually pour over to the heirs.• Whereas, a foundation never reverts to the family. CLT from Charity’s Perspective• A living lead trust can pump significant dollars to a charity for current programs.• Life insurance can replace the stream of payments when the trust term ends.
Questions for Prospects• You have an excellent estate plan, I am sure. Are you still paying any estate tax?• You are considering a Foundation? Would you be interested in an alternative in which your heirs can actually get the assets back, possibly free of estate tax?• I am sure you have an excellent estate plan. Are your advisors aware how idealistic and committed you are to giving? Would it be helpful if I were to meet with them to discuss options that can help you personally, help your heirs, reduce estate tax, and make a big difference for the causes you care about?Impact:• A CLT is a powerful tool for achieving a positive impact for heirs and for charity.• What’s in it for the donor is knowing that his or her goals are accomplished with great tax efficiency.• Sell impact and the rest falls into place.
Donor Advised Funds• Hugely popular• Can be considered like family foundation for those of more modest means• Some of the largest donor advised fund complexes are offered by the nonprofit arm of such financial firms as Fidelity, Schwab, and Vanguard (and many others)• Have traditionally been offered by Community Foundations, Jewish Federation, and other nonprofits• Donor makes irrevocable contribution to a non-profit organization that administers the fund (Mutual Fund Cos. manage these also)• Receive immediate income tax deduction – Qualify for public charity deductions• Donor recommends charitable grants based on his/her preferences• Some charities will allow named beneficiaries to assume advisory role after death, if the charity allows this.
Which Tool is Right?• What assets are being used?• How much will go into the tool?• How much control is enough?• How important is privacy?• How important is perpetuity?
Requirements for Income Tax Deduction1. Must be voluntary2. Made to an eligible charity3. Without consideration or benefit to donorNote: Above is the general rule. The majority of planned gifts are exceptions to #3.Completed Gift• To be deducted a gift must be “complete” – No strings attached – No ability to revoke – Nothing of value coming back to the donor (“quid pro quo”) – No deduction for gift of a partial interest.• These are the general rules. For quid pro quo gifts and gifts of a partial interest certain special rules and exceptions apply.
Factors in Computing Deduction• The type of property donated• The type of charity receiving the gift• The fair market value of the gifted property• The value of any goods or services received in return for the gift
Small Organizations• You can’t do “planned giving” as the big organizations do, but you can do bequests, CGA’s, CLT’s, IRA and insurance beneficiary designations• CLT’s are good, as the income stream is transferrable to another charity should donor’s targeted charity terminate operations.• CGAs, can provide “cash now”• And you can work with advisors to free up large blocks of cash now, later, and at client’s death.• CAC does not bear any costs or liability in accepting Planned Gifts
Team • Development OfficerWork with others • Philanthropic AdvisorOr they will work • Estate planneragainst you • Financial plannerThe bigger the case, • CPAthe more team- • JD / Attorneyintensive • Insurance professional • Investment professional