A New York Charitable Trust with creation contingent upon qualification for tax-exempt status refers to a specific type of trust established in the state of New York that is created solely for charitable purposes. This type of trust structure is subject to certain requirements and regulations to obtain tax-exempt status at both the state and federal levels. In order to qualify for tax-exempt status, a New York Charitable Trust must meet the criteria set by the Internal Revenue Service (IRS) and the New York State Department of Taxation and Finance. This includes demonstrating that the trust’s activities and operations are exclusively charitable in nature, providing public benefit, and are not conducted for the benefit of private individuals or organizations. There are different types of New York Charitable Trusts with creation contingent upon qualification for tax-exempt status, namely: 1. New York Charitable Remainder Trust (CRT) with Creation Contingent upon Qualification for Tax Exempt Status: This type of trust allows a donor to transfer assets into a trust while retaining an income stream for a period of time or for life. After this period, the remaining assets are distributed to one or more charitable beneficiaries. The CRT must qualify for tax-exempt status to provide the donor with certain tax advantages. 2. New York Charitable Lead Trust (CLT) with Creation Contingent upon Qualification for Tax Exempt Status: In this trust, income or assets are provided to one or more charitable beneficiaries for a specific period. After this period, the remaining assets are passed on to non-charitable beneficiaries, such as family members or heirs. The CLT must qualify for tax-exempt status to ensure the charitable portion of the trust is eligible for tax benefits. 3. New York Charitable Unit rust with Creation Contingent upon Qualification for Tax Exempt Status: This type of trust provides income to one or more beneficiaries, typically for life or a specific term, after which the remaining assets are distributed to charitable organizations. The unit rust must meet the necessary requirements and qualify for tax-exempt status to ensure tax advantages for both the trust and the beneficiaries. 4. New York Charitable Pooled Income Fund with Creation Contingent upon Qualification for Tax Exempt Status: A pooled income fund is a trust managed by a charitable organization that combines contributions from multiple donors into a single investment pool. Donors receive income from their contributions during their lifetime, and upon their death, the remaining assets are distributed to the designated charitable organizations. For this type of trust to qualify for tax-exempt status, it must adhere to the regulations outlined by the IRS and New York tax authorities. It is important to consult with legal and tax professionals knowledgeable in the creation and administration of New York Charitable Trusts with creation contingent upon qualification for tax-exempt status to ensure compliance with the specific regulations and to maximize the potential tax benefits associated with these trusts.