| Charitable
Lead Trusts What if you could make
a substantial gift to Woman's Missionary Union
over a period of years, while at the same time
insuring that your property would ultimately return
to you or your loved ones? A charitable lead trust
may be the answer.
A charitable lead trust is a trust that allows
you to use assets that you own to provide an income
stream to Woman's Missionary Union for a set number
of years. When the trust ends, the assets return
to you or your loved ones. This trust is called
a lead trust because the charity leads off by
receiving income payments during the trust term.
We will first review how a lead trust works when
you want the assets to return to you, the donor.
This lead trust is technically called a grantor
lead trust. Next, we will summarize how a lead
trust works when you want the assets to pass to
your children or other loved ones when the trust
ends - technically, a non-grantor lead trust.
Grantor
Lead Trusts
You transfer cash or other property to a trust
that makes payments to a charitable organization,
like WMU, for a set period of time. You decide
the time period and the payout rate the trust
will use. At the end of the trust term, the trust
distributes the assets back to you.
Benefits of a Grantor
Lead Trust
You make a significant impact on the future of
Woman's Missionary Union.You are entitled to an
income-tax deduction for the present value of
the income payments to WMU over the trust term,
and you receive this deduction in the year the
trust is created. Your assets are returned to
you when the trust ends.
EXAMPLE:
Laura Foster is 55 years old and has been
WMU director in her church for the past 5 years.
Laura has always been active in WMU. She has led
her WMU group to be particularly active in the
Christian Women's Job Corps. Laura has a heart
for helping struggling women set and achieve their
own goals, while also helping them to know Christ.
Laura wants to do her part to insure WMU will
continue this program and similar programs in
the future.
Laura has a $50,000 certificate of deposit maturing
and would like to give the proceeds to WMU to
help with its ministries to women. However, Laura
is single and is concerned she might need this
asset for her retirement. Then she learned about
a grantor lead trust.
Laura decided she could make a significant gift
through a lead trust because she would get the
money back at the end of the trust term, thus
providing her with more financial security. She
decided to fund a charitable lead annuity trust
with $50,000 in cash from her maturing CD. Laura
chose an annuity trust rate of 5% and a trust
term of 10 years. This trust will pay WMU $2,500
(5% of $50,000) each year for ten years. Over
the course of 10 years, WMU will receive a total
of $25,000. At the end of 10 years the trust will
terminate, and Laura will receive her $50,000
asset when she is 65 years old.
In addition to making a significant contribution
to WMU and receiving her assets back at the end
of the lead trust term, Laura will receive an
income-tax deduction of $18,057 which she can
use to offset up to 30% of her adjusted gross
income this year. If Laura cannot use the entire
deduction this year, she can carry forward any
unused deduction up to five additional years.
If you are treated as the owner of the trust
for tax purposes (to enable you to receive an
income tax deduction), you will be taxed on all
the trust's income, even though WMU is receiving
the income. However, if the trust is funded with,
or invested in tax-exempt securities, you are
still the owner of the trust, but you would not
have to pay any tax because the income is tax-exempt.
This would also be the case if you funded the
trust with cash and the trustee of the trust invested
the cash in tax-exempt securities.
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Non-Grantor
Lead Trusts
The non-grantor lead trust works much like
the grantor lead trust during the trust term.
However, when the trust term ends, the assets
pass to your heirs or other loved ones instead
of reverting to you.
Donors interested in non-grantor lead trusts
are generally charitably-minded individuals who
have large estates and are looking for ways to
reduce or eliminate gift and estate taxes. Generally,
income tax advantages are not a part of this plan.
With a non-grantor lead trust, the donor would
not be taxed on the income; consequently, donors
often use appreciated assets to fund non-grantor
lead trusts. Donors who create lead trusts choose
to let a significant part of what they cannot
keep pass to charitable organizations, like WMU,
instead of passing to the federal government in
the form of gift or estate taxes.
Benefits
of a Non-Grantor Lead Trust
You can make a significant impact on the future
of Woman's Missionary Union. You can pass substantial
assets to your heirs, while greatly reducing or
even eliminating gift or estate taxes you would
otherwise pay. If there has been growth in the
principal during the trust term, this growth also
passes to your heirs free of gift or estate tax.
EXAMPLE:
Dee and George Brown are both 61 years of
age and are active supporters of WMU. They have
been involved in several mission trips sponsored
by their church, and Dee has always been active
in WMU. The Browns have one son who is a pastor
and a daughter and son-in-law who are foreign
missionaries. George has been successful in the
real estate business; Dee inherited a large securities
portfolio when her father died. The Browns estimate
that they have assets of approximately three million
dollars.
The Browns' attorney told them they could pass
up to $1,300,000 in 1999 to their children without
paying gift or estate taxes. However, the first
dollar passing to family over that amount will
be taxed at 37%, moving rapidly up to rates of
55% or higher. The Browns feel they have been
blessed in so many ways. They want a portion of
their estate to pass to WMU at their deaths instead
of paying substantial taxes to the government.
The Browns' children support their plan to leave
assets to WMU.
After hearing about a lead trust at a seminar
sponsored by WMU, the Browns called their attorney
to talk about creating one to benefit WMU. After
several meetings with their attorney and conversations
with a representative from the WMU Foundation,
the Browns decided to use $500,000 in securities
that they own to create a charitable lead annuity
trust that would pay 8% annually to WMU for 15
years. This means WMU will receive $40,000 (8%
x $500,000) each year for 15 years. At the end
of the trust term, the remaining assets in the
trust will be divided equally between the Browns'
children.
Over the next 15 years, WMU will receive a total
of $600,000 from the Browns' lead trust. In addition
to leaving a lasting legacy to WMU, the Browns
receive a gift tax deduction for the present value
of the gift to WMU, which is approximately $383,465.
Because the Browns have made a completed gift
to their children by creating a lead trust, gift
tax would ordinarily be due on the entire amount
used to fund the trust-$500,000. However, since
there is a significant gift to WMU during the
trust term, the Browns will only owe gift tax
on $116,535, the present value of the future gift
to their children. If the Browns have not used
their unified tax credit* amounts, the gift tax
on that $116,535 could be offset against those
credit amounts, resulting in no gift tax being
owed.
The Browns were pleased to know that any increase
in the value of the trust assets will pass to
their children free of estate and gift tax at
the end of the trust term. They feel like everyone
wins through a lead trust. George and Dee are
able to make a substantial gift to WMU while greatly
reducing gift taxes they would otherwise have
owed. Their children will receive the trust assets
after 15 years, and the entire family will be
able to be a part of seeing how this gift will
be used by WMU to support missions.
*Each individual has a credit that can be used
to offset estate or gift taxes incurred by that
person as a result of gifts or bequests. In 1999,
the unified tax credit permits the transfer of
$650,000 without gift or estate tax being incurred
under the existing tax rates. Due to recent tax
law changes, the amount an individual can transfer
free of gift or estate tax will increase each
year until it reaches $1,000,000 in 2006.
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Making
Your Goals Become Realities
As you can see, charitable lead trusts provide
many ways to help accomplish your goals and substantially
benefit WMU and missions. If you would like more
information about gift opportunities through charitable
lead trusts, please call or write:
The WMU Foundation
P.O. Box 11346
Birmingham, AL 35202-1346
Toll-Free 1-877-482-4483
Phone: (205) 408-5525
Fax: (205) 408-5508
Email: wmufoundation@wmu.org
There is no obligation, of course, and all inquiries
are kept strictly confidential.
This information in not intended as specific
advice. Consult your attorney when considering
any legal matter.
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