Utah Charitable Lead Inter Vivos Unitrust

State:
Multi-State
Control #:
US-00618BG
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Word; 
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Description

In a charitable lead trust, a donor transfers property to the lead trust, which pays a percentage of the value of the trust assets, usually for a term of years, to the charity. At the end of the trust term, the remaining assets in the trust and any growth it has realized are passed to donor's heirs. Although there is no income tax deduction when the donor creates a charitable lead trust, his/her gift or estate tax is greatly discounted and any growth is passed to his/her heirs gift and estate tax free.

In a charitable lead unitrust, a donor irrevocably transfers cash, closely held securities or other valuable property to a trustee who, during the unitrusts term, invests the unitrust's assets. Each year, the trustee distributes a fixed percentage of the unitrust's net asset value, as calculated annually, to a named charity. These payments are made out of trust income (or trust principal if the trust income is not adequate) and are tax deductible as a charitable contribution for the year in which they are made. If, however, trust income exceeds the charitable payment for a given year, the trust pays income tax on the excess.

When the lead unitrust term ends, the unitrust distributes the remainder of its accumulated assets to a non-charitable remainderman, usually family members or other beneficiaries named by the donor. That amount is subject to federal gift tax based on the current fair market value of the gift at the time the trust is established. Gift tax is paid on the remainder interest as calculated from the current fair market value of the asset at the time the trust is established; generally this amount is much less than the estate tax would be on the asset as calculated at the time it is inherited.

Utah Charitable Lead Inter Vivos Unit rust (CLUB) is a legal instrument designed to provide individuals with a tax-advantaged way to support charitable causes during their lifetime while effectively transferring assets to their chosen beneficiaries in the future. It combines elements of a charitable lead trust and a charitable remainder trust, offering unique benefits to both donors and beneficiaries. A Utah Charitable Lead Inter Vivos Unit rust is established when an individual, known as the granter, transfers assets into an irrevocable trust while naming a charitable organization as the primary beneficiary. The trust is managed by a trustee who oversees the administration and distribution of income generated by the trust's assets. The primary objective of a Utah CLUB is to generate income for the named charitable organization(s) for a specified period. This period can be a fixed number of years or the lifetime of the granter or another individual. The income distributed to the charitable organization(s) can be a fixed percentage of the trust's assets (annuity) or a percentage based on the annual asset valuation (unit rust). The key advantage of a Utah CLUB is the potential for significant tax benefits. By designating a charitable organization as the primary beneficiary, the granter can offset income tax or estate tax liabilities. The granter can enjoy an immediate income tax deduction based on the present value of the future income stream going to the charitable organization(s). Additionally, the appreciation of the contributed assets over time can eventually pass to the granter's chosen beneficiaries, such as family members or other non-charitable entities, free from additional taxes. It is important to note that there are variations and subsets of Utah Charitable Lead Inter Vivos Unit rusts, each serving different purposes: 1. Charitable Lead Annuity Trust (FLAT): This type of Utah CLUB distributes a fixed annuity amount to the charitable organization(s) each year, regardless of the trust's performance or fluctuations in asset value. The remaining trust assets are then transferred to the granter's beneficiaries at the end of the trust term. 2. Charitable Lead Unit rust (CLUB): In contrast to the fixed annuity amount of a FLAT, a Utah CLUB of this type distributes a fixed percentage of the trust's assets valued annually as the unit rust amount to the charitable organization(s). The remaining assets pass to the beneficiaries when the trust terminates. 3. Non-Grantor Charitable Lead Trust (NG CLT): In an NG CLT, the granter names someone other than themselves as the trust's income beneficiary. This arrangement allows the granter to transfer assets to the trust without being taxed on the trust's income, potentially reducing the overall tax burden. In conclusion, a Utah Charitable Lead Inter Vivos Unit rust is a comprehensive estate planning tool that enables individuals to support charitable organizations while minimizing tax liabilities. The different variations of Clubs, including the FLAT, CLUB, and NG CLT, offer flexibility and tailored options to meet specific philanthropic and estate planning goals.

Utah Charitable Lead Inter Vivos Unit rust (CLUB) is a legal instrument designed to provide individuals with a tax-advantaged way to support charitable causes during their lifetime while effectively transferring assets to their chosen beneficiaries in the future. It combines elements of a charitable lead trust and a charitable remainder trust, offering unique benefits to both donors and beneficiaries. A Utah Charitable Lead Inter Vivos Unit rust is established when an individual, known as the granter, transfers assets into an irrevocable trust while naming a charitable organization as the primary beneficiary. The trust is managed by a trustee who oversees the administration and distribution of income generated by the trust's assets. The primary objective of a Utah CLUB is to generate income for the named charitable organization(s) for a specified period. This period can be a fixed number of years or the lifetime of the granter or another individual. The income distributed to the charitable organization(s) can be a fixed percentage of the trust's assets (annuity) or a percentage based on the annual asset valuation (unit rust). The key advantage of a Utah CLUB is the potential for significant tax benefits. By designating a charitable organization as the primary beneficiary, the granter can offset income tax or estate tax liabilities. The granter can enjoy an immediate income tax deduction based on the present value of the future income stream going to the charitable organization(s). Additionally, the appreciation of the contributed assets over time can eventually pass to the granter's chosen beneficiaries, such as family members or other non-charitable entities, free from additional taxes. It is important to note that there are variations and subsets of Utah Charitable Lead Inter Vivos Unit rusts, each serving different purposes: 1. Charitable Lead Annuity Trust (FLAT): This type of Utah CLUB distributes a fixed annuity amount to the charitable organization(s) each year, regardless of the trust's performance or fluctuations in asset value. The remaining trust assets are then transferred to the granter's beneficiaries at the end of the trust term. 2. Charitable Lead Unit rust (CLUB): In contrast to the fixed annuity amount of a FLAT, a Utah CLUB of this type distributes a fixed percentage of the trust's assets valued annually as the unit rust amount to the charitable organization(s). The remaining assets pass to the beneficiaries when the trust terminates. 3. Non-Grantor Charitable Lead Trust (NG CLT): In an NG CLT, the granter names someone other than themselves as the trust's income beneficiary. This arrangement allows the granter to transfer assets to the trust without being taxed on the trust's income, potentially reducing the overall tax burden. In conclusion, a Utah Charitable Lead Inter Vivos Unit rust is a comprehensive estate planning tool that enables individuals to support charitable organizations while minimizing tax liabilities. The different variations of Clubs, including the FLAT, CLUB, and NG CLT, offer flexibility and tailored options to meet specific philanthropic and estate planning goals.

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Utah Charitable Lead Inter Vivos Unitrust