A
donor transfers assets in trust to a trustee. The trustee invests
the assets of the trust during its term. The term of the trust can
be a term of years up to 20 or the lifetimes of one or more individuals,
or a combination of the two. Charitable Lead Trusts can also be
created at the death of an individual through a will or revocable
trust.
A percentage of the value of the trust is paid to a fund at The
Minneapolis Foundation each year. Lead trusts can be set up as
annuity trusts (a percentage of the initial value is paid each
year) or as unitrusts (the trust is re-valued at the beginning
of each year, and a percentage of the trust value is paid each
year.) When the lead trust term ends, the assets in the trust
pass to children or other beneficiaries named by the donor. (In
some cases, a lead trust is set up to make charitable gifts during
its term, and at the end of its term to return the assets to the
original donor. In such a case, the donor receives charitable
deduction for income tax, rather than gift and estate tax, purposes.)
When a Charitable Lead Trust is created, the donor must file a
gift tax return reporting the present value of the gift to family.
Because it is a future interest, this gift is not eligible for
annual exclusions. The gift tax is calculated on the value of
the assets when they are put into the trust less the present value
of the stream of payments to charity. Assuming that the trust
is well managed and the value of the trust assets grows over time,
the family can receive a gift that is much larger than the original
value of the trust assets. This growth in the value of the trust
assets passes to the family with no additional gift tax at the
termination of the trust.
Charitable Lead Trusts are not tax-exempt, but they receive a
charitable deductions for charitable distributions, so the trust
pays less income tax.
The annuity paid to The Minneapolis Foundation will be added to
a fund created by the donor. This fund can be a donor advised
fund, in which the donor has the right to recommend grants to
his or her favorite charities. Or the fund can be a field of interest
fund, a designated beneficiary fund, or an unrestricted community
action fund. Whatever the type of fund chosen, lead trust donors
to The Minneapolis Foundation find satisfaction in knowing that
they are giving generously to the community while providing for
their own families.