Make a substantial gift to Human Development Foundation in the form of fixed annual payments and pass assets to your family or other heirs at reduced tax cost.
A charitable lead annuity trust may be right for you if:
A charitable lead annuity trust is a separate taxable trust governed by an irrevocable trust agreement. You choose the trustee who is responsible for administering your lead trust and guiding the investment of its assets.
A charitable lead annuity trust is an irrevocable arrangement. Once you transfer assets to create the trust, you cannot change your mind and get the assets back. This requirement assures that
Make fixed payments to HDF each year
Your lead annuity trust makes payments to HDF each year of a fixed amount for the duration of its term. Your lead trust can make payments to more than one charity, if you wish.
You choose the payment amount
You choose the amount that your lead annuity trust must distribute to Human Development Foundation each year. Lead trust donors typically select a payment amount that is likely to preserve a substantial remainder for family or other heirs. Payments are usually made in annual installments, but semiannual or quarterly installments are possible.
Remaining assets to heirs
When your charitable lead annuity trust ends, all remaining principal in the trust will be transferred to family members or other heirs you choose.
How long can my lead trust last?
While most lead annuity trusts last for a specified term of 10-20 years, other terms are possible. Your lead annuity trust can last for one or more lives or for a specific length of time, or for a combination of lives and years. The term length you choose will depend on when you want your heirs to receive their trust distribution and the size of the gift or estate tax charitable deduction you want the trust to generate, as well as other factors.
When you transfer assets to your lead annuity trust, you make a taxable gift to the individuals who will receive your trusts principal when it ends. However, your gift of payments to HDF earns you a gift or estate tax charitable deduction in the year of your gift that will reduce, and in some cases, eliminate, your taxable gift if your estate exceeds the then applicable estate tax credit.
Some lead annuity trust donors make a point of picking a term length and payout rate that reduces their taxable gift to zero. Doing so eliminates any possibility that they will have to pay gift tax on their gift.
In addition, the assets in your lead annuity trust are removed from your taxable estate. This means that any growth in the value of your trust's assets during its term can be passed on to your heirs completely free of gift and estate taxes.
Taxation of the trust
A lead annuity trust is a taxable trust. However, a lead trust pays income tax only if its income exceeds the amount it pays to HDF during the year. A careful trustee can balance your lead annuity trusts income against its charitable payments in order to minimize the income taxes paid by the trust.
Lead annuity trusts for grandchildren
Lead annuity trusts for the benefit of grandchildren present special tax planning challenges related to a tax called the generation skipping tax. For example, you may want to consider creating a charitable lead unitrust in this situation, as it is easier to plan for generation skipping tax issues when creating a lead unitrust than when creating a lead annuity trust Please be sure to talk to your advisors or to us about these tax considerations.
Suitable funding assets
You can fund your lead annuity trust with many different kinds of assets. All of the following assets can work well:
Assets that are likely to increase substantially in value over time can be especially attractive candidates for transfer into a lead trust. You will want to work closely with your advisors to pick an asset or combination of assets that will best achieve your goals for your gift.
Unlike with many other planned gifts, it can be problematic to fund a lead trust with highly appreciated property. Since a lead trust is fully taxable, selling a highly appreciated asset may cause the trust to owe taxes that will deplete its principal. You will want to work closely with your advisors to pick an asset or combination of assets that will best achieve your goals for your gift.
Raheel Qayyum spent his career building a successful manufacturing business, which he sold a few years ago for $10,000,000. He and his wife, Sara, have three children who are in their 30s. Raheel has been reviewing his estate plan with an eye toward adding a major gift to HDF. Funding a charitable lead annuity trust offers an excellent way for Raheel to provide generous support to HDF and pass assets to his three children. Raheel chooses to create a $2,000,000 trust that will pay $130,000 to HDF each year for 20 years.
* Assumes the trust assets earn a 7% annual net return.
** The Qayyums' charitable deduction may vary depending on the timing of their gift.