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Charitable Split Interest Trusts
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Definition
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Donor gifts right to remainder interest in a trust to charity and either
retains the right to an income, or retains the right to the remainder and gifts
the income interest to the charity.
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When Does It Apply?
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Where donor wishes to retain an interest in an asset yet make a present income
tax deductible gift to charity.
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How Does It Operate?
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Donor transfers a present or future interest in property to a trust. Amount of
income tax deduction is determined by what is transferred.
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Advantages/Disadvantages
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Advantages - various income, estate and gift tax advantages can be
achieved.
Disadvantages - charitable gift of a trust interest is irrevocable.
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Estate/Gift Tax Implications
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Trust property will not be included for death tax computation purposes.
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Income Tax Implications
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Donor or other non-charitable beneficiary of the trust can be taxed on the
trust income.
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Other Considerations
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Four types of trusts:
Charitable remainder annuity trust.
Charitable remainder unitrust.
Pooled income fund.
Charitable lead trust.
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