Charitable remainder trusts (CRTs) are a valuable planning strategy for individuals looking to generate income, reduce taxes, and support charitable causes. Designed to balance personal financial needs with philanthropic intent, these irrevocable trusts allow you to transfer assets, receive an income stream, and ultimately benefit one or more nonprofit organizations.
Two common types of CRTs—Charitable Remainder Annuity Trusts (CRATs) and Charitable Remainder Unitrusts (CRUTs)—offer different structures for income distribution and asset growth. Choosing between them depends on your income requirements, financial outlook, and giving goals.
Understanding Charitable Remainder Trusts
A CRT allows you to place assets into an irrevocable trust while keeping the right to receive income from those assets for a set period—either for your lifetime, a beneficiary’s lifetime, or a fixed term up to 20 years. Once the trust ends, the remaining assets go to the charity or charities you’ve selected.
The structure provides several benefits:
- A partial charitable income tax deduction
- The potential to bypass capital gains taxes on donated appreciated assets
- Income for you or your beneficiaries
- A meaningful contribution to the nonprofit sector
CRAT vs. CRUT: Key Differences
Each type of CRT has distinct characteristics that influence how the trust functions.
Charitable Remainder Annuity Trust (CRAT)
CRATs pay a fixed dollar amount annually, calculated as a percentage of the initial value of the trust. Once established, the payout amount doesn’t change, offering predictable income over the trust’s term.
Highlights:
- Fixed income regardless of market performance
- No additional contributions permitted after setup
- Easier to administer and more straightforward tax reporting
- Best suited for those seeking stable, predictable income
Charitable Remainder Unitrust (CRUT)
CRUTs distribute a fixed percentage of the trust’s value, recalculated annually. Payments rise or fall based on investment performance, creating a more flexible but less predictable income stream.
Highlights:
- Variable income tied to trust performance
- Allows additional contributions over time
- Potential for higher payments if trust assets grow
- Offers several variations, including NIMCRUTs, Flip CRUTs, and NICRUTs
When to Use a CRAT
A CRAT is often the better fit if your primary need is consistent income and you want to avoid dealing with investment volatility. This can be particularly useful for retirees or others on fixed budgets who benefit from knowing exactly what they will receive each year.
When to Use a CRUT
A CRUT may be a better choice if you have a longer time horizon, expect trust assets to appreciate, or want the flexibility to make additional contributions. CRUTs are also a popular choice for younger donors or those with highly appreciated assets and a higher tolerance for income fluctuations.
Establishing a Charitable Remainder Trust
Creating a CRT involves a series of legal and financial steps. These include:
- Clarifying your income needs and charitable intentions
- Choosing between a CRAT or CRUT based on your situation
- Naming both income and charitable beneficiaries
- Working with legal and tax professionals to draft the trust document
- Transferring assets into the trust
- Obtaining a tax identification number for the trust
- Naming trustees to manage investments and oversee distributions
- Establishing an investment strategy aligned with both income and charitable goals
Strategies for Maximizing CRT Benefits
1. Turning Appreciated Assets Into Income
Transferring low-yield, high-appreciation assets into a CRT allows you to convert those holdings into an income stream without incurring immediate capital gains taxes. The trust can sell these assets tax-free and reinvest the proceeds into diversified investments, providing income and preserving the full asset value for charitable purposes.
2. Supplementing Retirement Income
CRT income streams can complement retirement plans by filling income gaps in later years. For example, a flip CRUT can be designed to prioritize growth early and increase payouts later when you retire. This approach allows for upfront tax deductions while managing income timing strategically.
3. Reducing Estate Taxes
By transferring assets into a CRT, those assets are removed from your taxable estate, potentially reducing estate taxes. For individuals with large estates, this can result in significant savings. The income stream from the CRT can also be used to fund a life insurance trust, which can help replace the value of the donated assets for heirs, effectively balancing philanthropic and family priorities.
4. Supporting Multiple Charitable Goals
A CRT can support multiple causes, not just a single organization. You can divide the remainder interest among several charities or allocate it to a donor-advised fund or private foundation. This adds flexibility and extends your impact over time.
These strategies should be tailored to your specific financial goals, tax profile, and philanthropic interests. Consulting with financial and legal professionals ensures the trust is structured correctly and aligned with both current laws and your personal objectives.
Conclusion
Charitable remainder trusts offer a meaningful way to support your favorite causes while securing financial benefits for you or your loved ones. Whether a CRAT or CRUT is more suitable depends on your need for income stability versus growth potential, your long-term financial plans, and your charitable intent. With careful planning, CRTs can become a key component of a tax-efficient estate strategy that benefits both your family and the community.
