Gift Planning Tips

The Tax Code’s “Don’t Have Fun” Rule
Gifts of services to charitable organizations are nondeductible, although unreimbursed expenditures incident to the rendering of services are deductible [Reg. §1.170A-1(g)] . . . more

CRTs Offer ESOP Opportunities
The majority owner of a corporation can sell shares owned at least three years to an Employee Stock Ownership Plan and elect to defer tax on the gain by reinvesting the proceeds in shares of domestic corporations no earlier than three months prior to the sale and no later than 12 months after the sale (IRC §1042) . . . more

Planning CRTs That Anticipate Marital Breakups
Richard is happily married to Elizabeth (his fourth wife) and he wants to set up a charitable remainder unitrust for the two of them with his separate property . . . more

Contingency Clauses That Can End CRTs Early
Leona Helmsley’s estate plan famously included charitable remainder trusts for two grandsons that were to make payments to the beneficiaries for life, but would terminate early if the grandsons ever failed to visit the grave of their father at least once every year . . . more

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The following articles are now available from the latest edition of the Charitable Giving Tax Service Analysis & Comment. To see the complete text, just click on the above link. Archived articles, and the full 1200-page gift planning library are available at no charge if you register and sign in to CGTS-Online, using the link on this page.

SPENDTHRIFT PROVISIONS DIDN'T SHIELD SETTLOR'S TRUST
Charitable pledge became claim against the estate.

ATTORNEY AS BENEFICIARY: INFERENCE OF UNDUE INFLUENCE
Amounts passing to charities under settlement agreement qualify for deduction.

PROCRASTINATION PRESERVES CHARITABLE BEQUEST
Beneficiary waited too long to discover evidence of forged CRT documents.

KEEP IT ANONYMOUS
Transfer not charitable if donor can direct use.

April 2013 Archive
• Best Assets for Funding Testamentary CRTs
• Challenges of Investing Smaller CRTs     
• Guidelines on Gifts of Appreciated Property
• Charitable Planning and the AMT

March 2013 Archive
• Helping Old and Young with an IRA
• Charitable Bequest Planning for Cautious Spouses     
• In Terrorem Clauses in Charitable Remainder Trusts
• Charitable Formula Clauses May Need Revising

February 2013 Archive
• Qualified Charitable Distributions from IRAs More Appealing
• American Taxpayer Relief Act Enhances Certain Gifts     
• “Pease” Limitation Should Affect Few Charitable Donors 

January 2013 Archive
• Bull Market of 2012 Encourages Charitable Gifts of Securities
• Gift Planning for Clients Who Don’t Itemize     
• Fun Facts and Figures on Charitable Trusts 
• Gifts of Business Interests Prior to Sale  

December 2012 Archive
• How Will the New 3.8% Medicare Surtax Affect Charitable Remainder Trusts?
• Include Charitable Giving Authority in Powers of Attorney     
• Forgoing Vacation Days Can Benefit Hurricane Victims 
• Can Charitable Gifts Aid Specific Individuals? 

November 2012 Archive
• Gift Annuities as a Hedge against Higher Capital Gains Tax Rates
• Leverage Gift Tax Exemptions with Charitable Gift Annuities     
• Time-Release Estate Distributions 
• Annual Giving through Charitable Lead Annuity Trusts