Missouri Inter Vivos Grantor Charitable Lead Annuity Trust

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US-03286BG
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Description

A Grantor Charitable Lead Annuity Trust (CLAT) is an irrevocable split-interest trust that provides for a specified amount to be paid to one or more charitable beneficiaries during the term of the trust. The principal remaining in the trust at the end of the term is paid over to, or held in a continuing trust for, a non-charitable beneficiary or beneficiaries identified in the trust. If the terms of a CLAT created during the donor's life satisfy the applicable statutory and regulatory requirements, a gift of the charitable lead annuity interest will qualify for the gift tax charitable deduction under § 2522(c)(2)(B) and/or the estate tax charitable deduction under § 2055(e)(2)(B). In certain cases, the gift of the annuity interest may also qualify for the income tax charitable deduction under § 170(a). The value of the remainder interest is a taxable gift by the donor at the time of the donor's contribution to the trust.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

The Missouri Inter Vivos Granter Charitable Lead Annuity Trust (IIT) is a legal tool utilized by individuals with philanthropic goals to support charitable causes in the state of Missouri. This comprehensive charitable planning option offers several variations to suit the specific needs of the granter. Let's explore the different types of Missouri Inter Vivos Granter Charitable Lead Annuity Trusts: 1. Traditional Missouri Inter Vivos Granter Charitable Lead Annuity Trust: This type of IIT allows the granter to transfer assets into the trust while retaining control and receiving income through fixed annual payments, known as annuity payments. The trustee, appointed by the granter, distributes these payments to one or more charitable organizations specified by the granter throughout the predetermined term. 2. Missouri Inter Vivos Granter Charitable Lead Annuity Trust with Flip Provisions: This IIT includes a unique feature known as "flip provisions." The granter has the option to convert the trust into a different type of trust, such as a Missouri Inter Vivos Granter Charitable Remainder Annuity Trust (CAT), after a specified event occurs. This provides flexibility to adjust the trust structure and maximize both charitable giving and potential tax benefits. 3. Missouri Inter Vivos Granter Charitable Lead Annuity Trust with Granter Retained Interest: In this IIT, the granter retains an interest in the trust assets for a specified period, which can be beneficial for estate tax planning. The trustee distributes the remaining income from the trust to charitable organizations designated by the granter. After the retained interest period, the trust assets can be transferred to beneficiaries, typically family members, with potential estate tax advantages. 4. Missouri Inter Vivos Granter Charitable Lead Annuity Trust with Granter Retained Annuity Payments: This IIT variation allows the granter to receive income from the trust as fixed annuity payments for a predetermined period. After this period, the remaining trust assets transfer to the charitable organizations specified by the granter. This arrangement provides the granter with a consistent income stream while supporting charitable causes. It is important to consult with legal and financial professionals well-versed in estate planning and charitable giving when considering establishing a Missouri Inter Vivos Granter Charitable Lead Annuity Trust. These experts can guide individuals through the various options based on their specific goals and circumstances, ensuring the greatest impact for charitable giving and potential tax advantages.

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FAQ

A grantor trust is a trust in which the donor is treated as the owner of the trust for income tax purposes. With this structure, the donor receives an immediate income tax deduction, with the trust assets distributed to the donor or to another non-charitable beneficiary after the trust term ends.

The trustee may be one or more individuals, a bank, charity, or a combination of these. The donor designates the charity as the beneficiary of income for a specified period of years, or for a period measured by a person's lifetime.

A grantor lead trust provides a donor with a charitable income-tax deduction for the present value of the payments WID is to receive from the trust for a specified period of time. The donor, however, continues to be taxed on the income earned by the trust each yearincluding the amount distributed to WID.

A CRT is an irrevocable trust. An amount of income and/or principal from the CRT is payable to noncharitable beneficiaries, usually the grantor of the CRT and the grantor's spouse. The remainder interest is irrevocably payable to charity. The CRT pays no income tax on its income.

If the donor dies during the term of the grantor lead trust (or for any reason ceases to be treated as the owner), a portion of the charitable deduction will be recaptured.

The grantor may name herself as trustee, as long as the trustee does not have power to direct how the annual payments are divided amongst multiple Lead Beneficiaries or to direct how payments received by the Lead Beneficiary should be used.

For income tax purposes, CLTs can be drafted either as a grantor trust or as a nongrantor trust. If it is structured as a grantor trust, the donor receives an upfront charitable income tax deduction on formation of the trust and is then responsible for income taxes on future trust income.

A charitable lead trust works by donating payments out of the trust to charity, for a set amount of time. After that period expires, the balance of the trust is then paid out to the beneficiary.

The CLAT is subject to income taxes but is entitled to an income tax charitable deduction each year for amounts of its gross income paid to charity under the terms of the trust agreement. Careful planning during the administration of the trust can minimize the trust's income tax liability.

(b) The grantor can act as trustee with the power to designate the income or remainder beneficiaries if the trust is a grantor CLT and the corpus will be includible in his gross estate in any event, such as due to a retained reversionary interest.

More info

By MA Hall · 2012 ? Recapture of Income Tax Deduction if Grantor Dies during Trust TermA charitable remainder annuity trust (CRAT) must pay out annually at ... A Charitable Lead Annuity Trust (CLAT) specifically could be anof an inter vivos CLAT are included in the donor's estate, the donor ...By C Teitell ? 2005-55 (inter vivos CRUT for two measuring lives, jointly and then all to the survivor). For inter vivos charitable remainder annuity trust ( ... The Successor Trustee then must within 60 days of (i) when the trust becomes"charitable remainder trust" means a charitable remainder annuity trust or ... An inter vivos charitable lead trust is a CLT created during the donor'sHowever, a non-grantor CLT does generally receive a charitable income tax ... Family Bank Trust: An inter vivos bypass trust that mimics the taxSplit-Interest Non-Charitable Trusts: These include grantor retained annuity trusts ... Express trusts, charitable or noncharitable, testamentary or. 9 inter vivos, and trusts created pursuant to a statute, judgment,. C of O also challenges the probate court's denial of its motion for summary judgment seeking to reform a charitable remainder annuity trust ... An annuity do not cover situations where an average of valuations is used and,If a grantor establishes an inter vivos charitable remainder trust, re. 76-7, 1976-1 C.B. 179 (grantor of inter vivos remainder trustunitrust, a grantor cannot write a charitable lead unitrust with net.

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Missouri Inter Vivos Grantor Charitable Lead Annuity Trust