Charity Advisor Resource
Newsletter
Volume 1.2 -
2009  
Greetings!
The Law Office of Jonathan Ackerman, LLC and Charitable Registry, LLC sponsor the Charity Advisor Resource (CAR) Newsletter. The CAR Newsletter is a tool to educate all persons with an interest in charitable organizations and charitable gift planning. The CAR Newsletter will (i) build a fundamentals track of educational information for those persons new to charities and charitable gift planning, (ii) provide an advanced track for those persons who deal with the technical issues, (iii) present case studies to provide a practical understanding of the tools and traps in closing an irrevocable charitable gift or creating a complex charitable entity, and (iv) discuss topics of current interest.
In This Issue
Solicitations Corner - Myth Buster - So you mean schools must register in states other than the state in which it resides!
Technical - Charitable Lead Trusts - Part 2 - CLUT v CLAT; Inter Vivos v Testamentary CLT; Ghoul CLT
Fundamentals - Charitable Lead Trusts - Part 2
Some Happenings
Solicitations Corner - Myth Buster:
So you mean schools must register in states other than the state in which it resides?
Educational institutions and their supporting foundations must comply with the state charitable solicitations laws (and not just those laws in the state in which it resides!).
 
Background:
 
Virtually every state has some regulation regarding charitable solicitation, whether it is in the form of (1) registration requirements for charitable organizations, professional solicitors, professional fundraisers or commercial co-venturers, or (2) civil, criminal and deceptive practice sanctions.
 
The basic problem charitable organizations face in trying to comply with the charitable solicitations laws of each applicable state (and some local jurisdictions) is the lack of uniformity in technical registration requirements, such as the definition of significant specific terms: Charitable Organizations; Charitable Solicitation; Exemptions to Registration; Professional Solicitors; Professional Fundraisers and Commercial Co-Venturers. [more...]


To learn more about charitable solicitations registration in general, please visit our Charitable Registry FAQ.
Technical
Charitable Lead Trusts - Part 2
This article continues where the CAR Newsletter Volume 1.1 ended, with more technical analysis of the operation of these sophisticated charitable gift planning vehicles.
 
CLAT v CLUT (& GSTT) - A charitable lead annuity trust (CLAT) pays out an annuity amount to the charitable lead beneficiary. Thus, a specific dollar amount or a percentage of the net fair market value of the assets contributed to the CLAT determined on the date of contribution may represent the amount paid out to the charity.  The annuity amount will be fixed on the date of creation and not change, But See, the "Getting More Sophisticated" portion of the Fundamentals Article.
 
A charitable lead unitrust (CLUT) pays out a unitrust amount to the charitable lead beneficiary. Thus, a percentage of the net fair market value of the assets contributed to the CLAT determined on the date of contribution and revalued each year will represent the amount paid out to the charity. The unitrust amount is similar to the unitrust payout from a standard charitable remainder unitrust. The net income only payout (available to NIMCRUTs, for instance) is not available to CLTs. [more...]

Also see our previous article regarding the favorable impact of the current low interest rates on CLT planning in CAR Newsletter, Volume 1.1.
Fundamentals
Charitable Lead Trusts - Part 2
This article continues where the CAR Newsletter Volume 1.1 ended, with more analysis of the fundamentals of these sophisticated charitable gift planning vehicles.
 
Payment of Lead Interest in Installments - The unitrust or annuity trust payout (lead interest) to charity may be paid in equal quarterly installments at the end of each calendar quarter. Alternatively, the trust instrument may specify that the annuity or unitrust amount is to be paid in annual or other equal or unequal installments throughout the year, See Treasury Regulation Section 20.2055-2(e)(2)(vi)(a). However, the amount of the charitable deduction will be affected by the frequency of the payment, by whether the installments are equal or unequal, and by whether each installment is payable at the beginning or end of the period, See Revenue Procedure 2007-45, Section 5.02(2) relating to the payment requirement.
 
Getting More Sophisticated - there is much talk nowadays of a "shark fin" CLAT, where the charitable lead payments are small for a number of years of the CLAT term and then a balloon payment is made to charity in the final year of the CLAT. Donor advisors believe this is advantageous, because the CLAT can grow in value for the ultimate benefit of both charity and the family. But beware - if there is a need to sell trust assets during the trust term, taxable income in excess of the annual amount paid to charity must be paid by a non-grantor CLAT, or by the grantor/donor, in the case of a grantor CLAT. [more...]
We hope you find the CAR Newsletter of value. If you want to forward this CAR Newsletter, please click on "Forward the CAR Newsletter to your friend!" link below - your friend can then click on the "Sign Up for the CAR Newsletter" link on the side panel to receive future issues. You are already signed up to receive the CAR Newsletter; however, you may unsubscribe at any time by clicking on the "SafeUnsubscribe" link below. Thank you.
 
Jonathan Ackerman, Esquire
Law Office of Jonathan Ackerman, LLC 
 
Terri Ackerman, President
Charitable Registry, LLC
Copyright 2009 Law Office of Jonathan Ackerman, LLC
Disclaimer - The material in this CAR Newsletter is provided for informational purposes only and does not constitute legal or tax advice on any matter. Law Office of Jonathan Ackerman, LLC assumes no responsibility for the accuracy or timeliness of any information provided herein. This information is not a substitute for obtaining legal or tax advice from the reader's own counsel, given their own particular set of circumstances. Charitable Registry, LLC is not a law firm and does not render legal advice of any kind.

Jonathan welcomes you to the CAR Newsletter

Picture

Some Happenings

Jonathan participated in a Radio Talk Show on Estate and Charitable Gift Planning. View the questions and hear his answers. [more... ]

Maryland - adopts the Uniform Prudent Management of
Institutional Funds Act, under HB 200 & SB 230 (UPMIFA). Effective April 2009, all endowment funds held by a charity are subject to UPMIFA. The old uniform statute generally provided that only the appreciation over the historic dollar value could be taken from the fund; while UPMIFA provides that
expenditures of more than 7% of the value of the fund creates a rebuttable presumption of imprudence, among other rules. As always, the gift instrument is a complex agreement which must must be carefully drafted to provide maximium flexibility for the charity, but also meet the desires of the donor, as contrary directions in this instrument will control.
 
Maryland - authorizes a statutory pet trust in Estate & Trusts Article, Section 14-112. A trust can now be legally established for the benefit of a pet. There are specific requirements, such as the trust must end at the death of the last animal covered by the trust and, if created upon the death of the settlor, the trust property, upon termination of the trust, must pass to the successors in interest of the settlor.
 
IRS Dirty Dozen List
The IRS annually publishes a list of notorious tax scams. Regrettably, charity again makes the list. Along with internet scam artists and hiding income offshore, the IRS noted the misuses of tax-exempt organizations, including arrangements to improperly shield income or assets from taxation, and attempts by donors to maintain control over donated assets or income from donated property. The IRS also continues to investigate various schemes involving the donation of non-cash assets, including easements on property, closely-held stock and real property. Closely-held stock and real property are valuable assets in the portfolios of our donor/clients. Congress and the IRS should promote charitable gifts of these assets, when the letter and spirit of the law is followed, and donor advisors should use best efforts to assure that the proper due diligence is conducted.
 
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Note: Nothing in this publication is intended or written to be used and cannot be used by any person for the purpose of (i) avoiding tax penalties, or (ii) promoting, marketing or recommending to another party any transaction or matters adressed herein.