Charitable Remainder Trusts
A charitable remainder unitrust can help you maintain or increase your income while making a significant gift to Bryn Mawr College.
If your unitrust grows, your payments will grow too, providing a hedge against inflation. A unitrust provides more flexibility than other life income plans.
A charitable remainder unitrust is right for you if:
- You want to provide income for yourself or others
- You want the possibility of income growth
- You want to save income taxes or capital gains taxes
- You want to choose the person who administers your gift and guides its investments
- You are considering a gift amount of $100,000 or more
A charitable remainder unitrust is a separate tax-exempt trust governed by a trust agreement. You choose the trustee who is responsible for administering the unitrust and guiding the investment of your gift assets.
A charitable remainder unitrust is an irrevocable arrangement. Once you transfer assets to the trust, you cannot change your mind and get the assets back. This requirement assures that whatever value remains in your unitrust when it ends will go to support Bryn Mawr.
Payments vary with value of unitrust
Each year, your unitrust will distribute a fixed percentage of its current value, as revalued annually. If your unitrust's value goes up from one year to the next, the payments will increase proportionally. Likewise, if your unitrust's value goes down, the payment amount will also go down.
You choose the payment percentage
You choose the percentage of its value that your unitrust must pay each year to its income beneficiaries. The payment percentage must be at least 5% to assure an eventual gift to the College, and is typically in the range of 5-7%. It may be to your advantage to choose a relatively low payment percentage so that your unitrust’s assets have the best chance to grow. If the value of your unitrust grows, so will its payments. Payments are usually made in annual, semiannual, or quarterly installments.
You can include special payment provisions in your unitrust that make it a good way to give debt-free real estate or other assets that may take time to sell. In this situation, you can limit your unitrust's payments to its net income or its unitrust percentage, whichever is less. This way, your trustee can take whatever time is necessary to sell your assets at a fair price. If your unitrust's net income is less than its unitrust percentage during this time, then it will distribute its net income only. This "net income" limitation can last for the entire term of your unitrust or just until a specific event occurs, such as the sale of your gift asset.
Who can receive payments?
You decide who will get the payments from your unitrust. Usually, this will be you, or you and your spouse. You can, however, select any other people to receive the payments. For example, you may wish to provide income for parents, a sibling, or children.
While most unitrusts last for one or two lives, other terms are possible. A unitrust can last for more than two lives, for a specific length of time of up to 20 years, or for a combination of lives and years.
- Earn income tax charitable deduction
- Avoid capital gains tax
- May reduce estate taxes and probate costs
You will receive a charitable income tax deduction in the year of your gift. If you cannot use the entire deduction that year, you may carry forward all unused deduction for up to five additional years. If you give appreciated securities to fund your unitrust, you will not pay any capital gains tax when you make your gift. In addition, because a unitrust is a tax-exempt trust, it will not pay any capital gains tax when it sells the assets with which you fund it. This means that your trustee will be able to reinvest the full value of the assets you donate. By removing the gift assets from your estate, you may also reduce estate taxes and probate costs when your estate is settled.
Taxation of payments
The taxation of unitrust payments depends on the past distributions and investment performance of the unitrust. Your unitrust income will typically be taxed mostly or completely as ordinary income, but it is possible that a portion could be taxed at lower capital gains tax rates, or even tax-free, in some years.
Add funds anytime
You can add to your unitrust anytime. Additions earn an income tax deduction and increase future payments without the effort and expense of creating a new unitrust.
Assets to consider giving
The following assets make excellent sources for funding your charitable remainder unitrust:
- Cash that you currently have in a savings account, bank CD, money-market fund, or other safe but low-yielding investment
- Securities, especially highly-appreciated securities
It is also possible to create a unitrust using real estate that is debt-free or other assets that may take time to sell.
Audrey and her husband John own stocks in their portfolio that have appreciated substantially in value over the many years they have owned them. They are enthusiastic about making a major gift to support Bryn Mawr College, but they also would welcome a way to receive greater income from their investments without paying a big capital-gains tax.
After consulting with their advisor, Audrey and husband John find that a 5% charitable remainder unitrust funded with $500,000 in assets will meet their needs perfectly. They fund their unitrust with $400,000 in stocks plus $100,000 from a money-market fund. They paid a total of $75,000 for the stocks, which currently produce about 2% in dividends each year. Their money market fund has been earning about 2% interest annually.
- Audrey will receive $25,000 in payments in the first year of their unitrust, significantly increasing the income they had been receiving from these assets. If the income and appreciation of the trust's investments, net of costs and fees, total 7% annually, their payments will grow to over $33,647/year* in 16 years.
- Audrey and husband John will receive an immediate income tax charitable deduction of about $250,355**.
- Audrey's trustee will be able to sell their stock immediately in order to diversify their unitrust's investments without paying any capital gains tax.
- Assuming its investments earn a 7% net annual return on the unitrust's investments, over $686,393* will be left in the unitrust to support Bryn Mawr College when their unitrust terminates.
*The future payment amounts and principal amount remaining for Bryn Mawr College will be lower if Audrey's unitrust earns less than 7% annually.
** Audrey's income tax charitable deduction will vary slightly depending on the timing of their gift.
Learn about Charitable Flip Unitrust.
The information on this website is not intended as legal or tax advice. For such advice, please consult an attorney or tax advisor. Figures cited in examples are for hypothetical purposes only and are subject to change. References to estate and income taxes include federal taxes only. State income/estate taxes or state law may impact your results.