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Charitable Remainder Unitrust
A way to receive income as you make a gift


The Dilemma

You have property that is either non–income-producing or produces a small amount of income. Examples might be land on which there is no crop or a blue chip stock which pays only a 2% dividend. You desire to increase your income … but you also fear capital gains taxes … and you really would like to be able to leave the property to Emmanuel.

The Solution

You transfer the property to a charitable remainder unitrust. The trustee (which can be you) manages the property so that it produces income for you as long as you live with the remainder of the principal going to Emmanuel School of Religion upon your death. You enjoy an increase in income because you select the rate of return (which must be at least 5%), you receive a charitable deduction, you pay no capital gains taxes or estate taxes, and Emmanuel receives your gift after you no longer need it.

The charitable remainder unitrust has some flexible and interesting optional plans for pay-outs to meet your individual needs. Contact Emmanuel School of Religion for more information.

Let’s Be Specific

Mr. & Mrs. Smith have stock valued at $100,000, but which cost them only $10,000. As is common with many stocks, they receive only a 2% dividend. They would like more income, but are concerned about the capital gains if they sell the stock and the potential estate taxes if they keep the stock. They transfer the stock to a charitable remainder unitrust. Transferring the stock to a unitrust avoids all capital gains taxes no matter what stock transactions take place within the trust. Since the trust is outside their estate, no estate taxes are due on the trust assets. The Smiths receive a sizable charitable tax deduction the year in which the trust is created. They select an 8% rate of return, and Emmanuel School of Religion will receive the remaining principal when both Smiths are deceased.

A Service to You

If you would like to know the specifics about your situation, provide us your birth date(s), proposed value of the trust, what asset would fund the trust (if appreciate property, the cost basis and fair market value), and the percentage return you would like to receive. We can give you a good idea of how the trust would work for you.


Some Questions You May Have


How is the Income Determined?

You select the rate of return you wish … the higher the rate of return, the lower the charitable deduction. Assuming you, as the Smiths, select an 8% return. The trust is initially valued $100,000, so your annual return is $8,000. The first business day of each year, the trust is revalued. Let’s say it has grown to $110,000 … for that year you would still receive 8%, but it would be of the new value, so your income would be $8,800. If the trust value drops, then you would receive 8% of the reduced value.

You also have the option to fix the amount you receive annually from the trust regardless of the investment performance of the trust. The annual trust pay-out to you has several other available plan options. We would be happy to discuss them with you.

What determines the charitable deduction?

The charitable deduction is determined by your age, the percentage payment to you, and the fair market value of the property used to fund the unitrust. Of course, the deduction hinges on the principal of the trust eventually being received by an approved non-profit organization.

Can the trust be used to provide income for someone else?

Yes, you may include a spouse, parent, child, etc., as co-recipient of the income. You may also receive income for your life and then assign the income for a second person’s life. Perhaps you have a child that “goes through” money. You can provide an annual income for the child, but the principal would eventually come to Emmanuel. Your charitable deduction would be less because two lives increase the overall life expectancy.

What if the trust doesn’t earn my selected rate of return?

You would still receive an amount equal to the rate of return. The trustee would then make appropriate changes to increase the earnings.


If you have questions about establishing a charitable remainder unitrust, please contact

Dan R. Lawson, Executive Director of Development
Emmanuel School of Religion
One Walker Drive
Johnson City TN 37601
(423) 461-1530
Email: lawsond@esr.edu

The purpose of this site is to provide information of a general nature. Neither Emmanuel School of Religion nor any of its associates are engaged in giving legal or tax advice. Individuals should seek the advice of their attorneys and tax advisors for specific tax implications and laws governing estate planning and charitable gifts.


 
 

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