There
are several strategies that can be utilized to help you implement your
philanthropic mission. While you can make gifts that solely benefit
charities, you can also make gifts that provide you with financial
benefits. Both offer the opportunity for immediate and deferred gifting.
Set up a Family Foundation
Rather
than making gifts directly to charities and surrendering any say as to
the application of the gifts thereafter, a Foundation allows you to
retain control over the administration and investment of the assets that
you have earmarked for future grant-making, while enjoying the full
benefit immediately of a charitable income tax deduction – up to 30% of
your adjusted gross income for cash gifts and 20% for gifts of
appreciated stock. By making gifts to charities in increments over time,
you and your family can maximize your influence over their ongoing use
to the selected charities.
Presently,
your estate would benefit from an estate tax deduction equal to the
fair market value of any assets passing to the Foundation at your
death. However, under President-Elect Trump’s tax proposal,
contributions of appreciated assets to a private foundation established
by the decedent or the decedent’s relative would be disallowed.
Create a Charitable Remainder Trust (CRT)
Charitable
remainder trusts are irrevocable trusts that provide for two classes of
beneficiaries: (i) the income beneficiary who receives a fixed
percentage of income for the CRT term, which could be a specified number
of years (up to 20) or the remainder of your lifetime, and thereafter
(ii) the designated charity or family foundation, to which the remaining
assets of the CRT go after the term is completed.
Due
to the fact that a gift of the remainder interest in the CRT is given
to a tax-exempt, not-for-profit organization, you would qualify for an
income tax deduction for the initial contribution to the CRT. The amount
of the current income tax deduction is based on the present value of
the remainder interest to the charity and is limited to 20% of your
adjusted gross income. Any part of the deduction not deployed for the
year of the gift to the CRT (for example, if your income is less than
the deduction) may be carried forward as an income tax deduction in the
succeeding four years.
Consider a Charitable Lead Trust
Charitable
Lead Trusts (CLTs) are irrevocable, split-interest trusts in which
income payments are made to a qualified charity, while the remaining
trust corpus is given to a noncharitable beneficiary, generally the
spouse or children of the donor. The assets are permanently excluded
from your estate for estate tax purposes. When the trust terminates, the
assets remaining are passed to the designated beneficiaries free of
estate and gift tax. For those with a strong interest in making
charitable donations, CLTs provide a means to make donations to
charities without completely disinheriting children or a spouse.
The
low interest rate environment today reduces the required annual
charitable donation and increases the probability of greater assets
transferring to the beneficiaries. The challenge is to manage the assets
so that they generate the necessary payments for the charity, while at
the same time providing growth that will pass to your family.
Contribute to a Donor-Advised Fund
A
donor-advised fund is a separately identified fund that is maintained
and operated by a section 501(c)(3) organization, which is called a
sponsoring organization. Each fund is composed of contributions made by
individual donors. Once the donor makes the contribution, the
organization has legal control over it. However, the donor retains
advisory privileges with respect to the distribution of funds and the
investment of assets in the account.
Donors
receive a tax deduction when they make a charitable contribution to a
donor-advised fund. Deductions can be taken up to 50% of adjusted gross
income (AGI) for gifts of cash and up to 30% of AGI for gifts of
appreciated securities (with a 5-year carryforward for unused amounts
above this AGI limit).
Before the calendar turns to 2017, call
McManus & Associates at 908-898-0100 for trusted advice on how to
attain the greatest charitable income tax deduction through
philanthropic giving. To learn more about award-winning McManus & Associates, go to www.mcmanuslegal.com.
About McManus & Associates
Twenty-five
years ago, McManus & Associates was founded to deliver the highest
quality estate planning services that the largest firms promise with the
more intimate, personalized relationships that a boutique firm can
offer. Since that time, some of the most prominent families in finance,
media, academia and medicine — both domestic and international — have
relied on the firm to serve as their advisor in wealth and family
mission planning.
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