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| (l-r) Donald Blust, Tom Divine, Edward Dent |
In his estate planning, Edward Dent wanted to provide for his partner, Donald Blust. He wanted to minimize the capital gains and estate tax bite into his portfolio, as well as to relieve his partner from the headaches of managing their various assets.
In consultation with the Foundation, Edward’s attorney, Tom Divine, suggested a charitable remainder trust (CRT) funded by the sale of a seldom-used vacation home on Long Island. Edward donated the home to a CRT at the Foundation, which subsequently sold the property. The proceeds of the sale generate lifetime income for Edward and Donald, and will ultimately fund unrestricted grantmaking at the Foundation.
This plan generated an immediate income tax deduction and eliminated significant capital gains and estate taxes for the client. But more importantly, the approach addressed Edward’s concern that his partner’s needs be adequately met even after his own death.
Charitable IRA Opportunity
A federal law* enables individuals to transfer retirement plan assets tax-free to qualifying charities through December 31, 2011. This extends the provisions enacted through the Pension Protection Act of 2006.
Take advantage of tax-saving gifts to charity.
Americans over age 70 ½ can transfer up to $100,000 per year from an individual retirement account (IRA) into a charitable fund without first paying federal income tax on that gift. By making the gift now, future estate and income taxes can also be avoided.
Key Points
- A taxpayer may exclude from gross income up to $100,000 of otherwise taxable distributions from an IRA, as long as they are "qualified charitable distributions" and meet the following criteria [Lori - please check the bullets here – which are the criteria and which continue the key points]:
- They are made directly from the IRA trustee to one or more qualified charities.
- They are made when the taxpayer is age 70 ½ or older.
- They otherwise qualify for the full charitable contribution deduction (although because the amounts are not taken into income, no contribution deduction is permitted).
- The total of each year’s qualified distributions will count toward satisfying the taxpayer’s minimum distribution requirements for their IRA.
- Qualified charities under this law include scholarship funds, designated funds, field-of-interest funds, and unrestricted funds at community foundations. However, donor-advised funds, charitable remainder trusts, supporting organizations and private foundations are not eligible charitable beneficiaries.
- While no charitable contribution deduction is allowed for the distribution, the donor must nevertheless receive substantiation from the charitable organization.
- This provision expires on December 31, 2011.
* The Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010, signed into law on December 17, 2010