Charitable Lead Trusts (CLTs)

Written by True Tamplin, BSc, CEPF®

Reviewed by Subject Matter Experts

Updated on January 21, 2024

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What Are Charitable Lead Trusts (CLTs)?

A Charitable Lead Trust is a type of irrevocable trust designed to provide financial support to one or more charities for a specified period while also transferring assets to non-charitable beneficiaries, typically family members.

At the end of the trust term, the remaining assets are distributed to the non-charitable beneficiaries. CLTs play a crucial role in estate planning by offering a tax-efficient method of combining charitable giving with wealth transfer to the next generation.

They allow individuals to reduce estate and gift taxes while providing support to their favorite charitable organizations and ensuring that their heirs receive a portion of their estate.

How Charitable Lead Trusts Work

In a Charitable Lead Trust, the trust creator (grantor) transfers assets into the trust, and the trustee is responsible for managing those assets.

During the trust term, the trustee makes annual distributions to the designated charities, either in the form of a fixed amount (annuity) or a percentage of the trust's value (unitrust).

Once the trust term ends, the remaining assets are distributed to the non-charitable beneficiaries, usually the grantor's family members.

Types of Charitable Lead Trusts

Charitable Lead Annuity Trust (CLAT)

A Charitable Lead Annuity Trust (CLAT) is a type of CLT that provides a fixed annual payment to the designated charities for the duration of the trust term.

The payment amount is determined at the time the trust is established and remains the same throughout the trust term.

This structure offers certainty in the annual charitable distributions but may result in less remaining assets for the non-charitable beneficiaries if the trust's investments underperform.

Charitable Lead Unitrust (CLUT)

A Charitable Lead Unitrust (CLUT) is another type of CLT in which the annual distribution to the designated charities is based on a fixed percentage of the trust's value, recalculated each year.

This structure allows the charitable distributions to fluctuate based on the trust's investment performance, potentially resulting in larger distributions to the non-charitable beneficiaries if the trust's investments perform well.

Benefits of Charitable Lead Trusts

Reduced Estate and Gift Tax

The value of the charitable interest, calculated based on the trust term and payout rate, is deductible from the grantor's taxable estate. This can result in significant tax savings, particularly for high-net-worth individuals with sizable estates.

Charitable Giving

CLTs allow individuals to support their favorite charitable organizations while also transferring wealth to their heirs.

By providing annual distributions to the designated charities during the trust term, grantors can make a meaningful and lasting impact on the causes they care about.

Family Legacy Preservation

By structuring their estate plans to include CLTs, individuals can create a lasting family legacy that combines philanthropy with the transfer of wealth to future generations.

This approach can teach the importance of giving back to the community and instill values of social responsibility in the grantor's heirs.

Potential Risks of Charitable Lead Trusts

Limited Control Over Trust Assets

Once assets are transferred to a CLT, the grantor relinquishes control over those assets, as they become the property of the trust.

This means the grantor cannot change the terms of the trust, access the trust assets, or revoke the trust once it has been established.

Required Annual Distributions

CLTs require annual distributions to the designated charities, which must be made regardless of the trust's investment performance.

In the case of a CLAT, this can result in a larger proportion of the trust assets being distributed to the charities if the investments underperform, potentially leaving less for the non-charitable beneficiaries.

In the case of a CLUT, the annual distributions may fluctuate significantly depending on the trust's investment performance, creating uncertainty for both the charities and the non-charitable beneficiaries.

Taxation of Trust Income

While CLTs can provide significant estate and gift tax savings, the trust income generated by the trust assets is generally subject to income taxes.

Depending on the type of assets held in the trust and the income they generate, the trust may face a substantial income tax liability, which can impact the overall effectiveness of the CLT as an estate planning tool.

Benefits-and-Risks-of-Charitable-Lead-Trusts

Structuring a Charitable Lead Trust

Selecting a Charitable Organization

When establishing a CLT, it is essential to carefully choose the charitable organization(s) that will benefit from the trust.

The grantor should consider the organization's mission, track record, and financial stability to ensure that the annual distributions will be used effectively to support the intended cause.

Determining the Trust Term

The term can be a fixed number of years or can be based on the lifetime of one or more individuals.

A longer trust term may result in larger estate and gift tax savings but can also increase the risk of poor investment performance and a reduced distribution to the non-charitable beneficiaries.

Setting the Payout Rate

The payout rate is the percentage of the trust assets that are distributed to the designated charities each year.

The rate should be set carefully, taking into account the grantor's estate planning goals, the needs of the charitable organization, and the potential impact on the non-charitable beneficiaries.

A higher payout rate can result in larger charitable distributions but may also reduce the remaining assets for the non-charitable beneficiaries.

Funding the Trust

Finally, the grantor must decide which assets to transfer to the CLT. The choice of assets can have a significant impact on the trust's investment performance, the annual charitable distributions, and the ultimate distribution to the non-charitable beneficiaries.

Assets with high growth potential or assets that generate significant income may be suitable for funding a CLT.

The Bottom Line

Charitable Lead Trusts are irrevocable trusts designed to provide financial support to charitable organizations for a specified period while also transferring assets to non-charitable beneficiaries, typically family members.

CLTs are funded with assets that are managed by a trustee, who makes annual distributions to the designated charities during the trust term. At the end of the term, the remaining assets are distributed to the non-charitable beneficiaries.

There are two main types of CLTs: Charitable Lead Annuity Trusts, which provide fixed annual payments to the charities, and Charitable Lead Unitrusts, which provide annual payments based on a percentage of the trust's value.

CLTs offer numerous benefits, including reduced estate and gift tax, charitable giving, and family legacy preservation.

However, they also come with potential risks, such as limited control over trust assets, required annual distributions, and taxation of trust income.

Careful planning and structuring of a CLT can help mitigate these risks and ensure that the trust meets the grantor's estate planning goals.

Charitable Lead Trusts (CLTs) FAQs

About the Author

True Tamplin, BSc, CEPF®

True Tamplin is a published author, public speaker, CEO of UpDigital, and founder of Finance Strategists.

True is a Certified Educator in Personal Finance (CEPF®), author of The Handy Financial Ratios Guide, a member of the Society for Advancing Business Editing and Writing, contributes to his financial education site, Finance Strategists, and has spoken to various financial communities such as the CFA Institute, as well as university students like his Alma mater, Biola University, where he received a bachelor of science in business and data analytics.

To learn more about True, visit his personal website or view his author profiles on Amazon, Nasdaq and Forbes.

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