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Over the past several weeks, I have received a number of phone calls from members of our community regarding the “fiscal cliff.” Possible increases in the capital gains tax rate — and the possible reduction or elimination of the income tax charitable deduction — in addition to other potential changes are causing people to carefully consider whether to make charitable gifts now or to wait until 2013.
It’s a confusing situation. If capital gains rates go up, donations of appreciated securities could be more valuable to donors who wait until 2013 to contribute them. At the same time, if the income tax charitable deduction is capped, reduced, or eliminated altogether, accelerating charitable gifts by making them before the end of 2012 could be a wise strategy.
As I write this, nobody truly knows where the fiscal cliff discussions will go. What we do know is that continued intransigence by our legislators will lead to greater confusion for charitable donors and their professional advisors.
So, in an environment like this, on what other charitable giving opportunities might donors focus?
Lately, I have been talking about a little known — and, admittedly, slightly esoteric — charitable giving vehicle that offers unique benefits. The Charitable Lead Trust (CLT) offers donors an ingenious way to shield assets from estate and gift taxes, leaving more for their children and/or grandchildren while providing in generous ways for our Jewish community.
A lead trust is an irrevocable arrangement that provides annual income to a charitable organization, such as the Jewish Community Foundation of Greater MetroWest NJ or Jewish Federation of Greater MetroWest NJ, for a period of years. At the end of that period, assets remaining in the lead trust are given to non-charitable beneficiaries, usually the donor’s children or grandchildren.
Generally, the best candidates for a lead trust are people who make annual gifts to charity and have a substantial enough income to take advantage of the tax deduction generated by the creation of the trust. While they can be funded with virtually any type of asset, lead trusts generally are appropriate for assets that are likely to appreciate over the life of the trust (typically 10 to 20 years).
A driver of recent increased interest in lead trusts is the current, nearly unprecedented, low interest rate environment. And, of course, the ability to reduce the exposure of the donor’s estate to the significant estate tax is attractive as well, as any assets contributed to create the lead trust are removed from the donor’s estate.
Lead trusts may offer you and your family a unique opportunity to provide for the Jewish community you love while setting aside assets for your heirs, all in a tax-efficient manner. For more information, feel free to call me at (973) 929-3060 or send a confidential email to jrednik@jfedgmw.org.
JCF advises donors to seek their own legal and tax advice in connection with charitable giving and planning matters. JCF does not provide legal or tax advice.
Joshua W. Rednik is executive director of the Jewish Community Foundation of Greater MetroWest NJ.