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Tuesday, June 30, 2009

The Best Kept Secrets of a Charitable Remainder Unitrust

By Hank Brock

A Charitable Remainder Unitrust (CRUT) is used to provide an income to a non-charitable beneficiary while at the same time transferring the remainder interest to a qualified charity.

The donor would permanently transfer securities or property to a trustee. The trustee, in return, would reimburse the donor (or other income beneficiary) income from the property for life.

A CRUT also guarantees that if the donor dies before their spouse they could receive income from the donated property of life. The donor would be compensated based on a fixed percentage of the fair market value of the assets placed in the trust. The assets would be revalued annually.

Additional Contributions

Unlike the Charitable Remainder Annuity Trust (CRAT), however, the CRUT may continue to receive assets in later years. The CRUT also differs from a CRAT since the stream paid out by the CRUT trust must be at least 5% of the annual reappraised value of the corpus.

Consequently the CRUT, depending on the reappraised value of the corpus and accumulated income, can allocate greater or lesser amounts of income while the CRAT pays a set sum of income that never fluctuates in amount.

Appreciation

Each year the size of the payment to the non-charitable beneficiary can increase if the rate of the corpus and income continues to appreciate. Because of this, the CRUT is a valuable tool to fight inflation. If, over a period of time, the value of the assets continues to depreciate, the CRUT may in the end pay less income to the non-charitable beneficiary than was originally planned.

If a grantor wishes to ensure an annual increase in the value of the income payment to the non-charitable beneficiary, the grantor should fund the corpus of such a trust with assets that pay a guaranteed rate of return, such as U.S. Treasury notes that pay interest tied to a specific rate of return. - 23159

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