By ALAN KONDO, CFP, CLU
The last quarter of the year is a good time to think about charitable giving strategies. Your favorite community organizations or churches are still feeling the brunt of the Great Recession and are struggling to keep their programs alive in the face of declining government support and private contributions. Charitable giving strategies are also an excellent way to reduce your income tax, capital gains tax and estate tax liabilities.
You do not have to be a Rockefeller to consider charitable strategies. Donor-advised funds, family foundations, charitable remainder trusts (CRTs) and charitable lead trusts (CLTs) are available to everyone. Your Certified Financial Planner™ can help you evaluate what approach is most suitable for you.
Donor-Advised Funds
A donor-advised fund is a tax-advantaged charitable giving vehicle that offers maximum flexibility to take tax deductions and recommend grants to charitable organizations. By definition, donor-advised funds are public charities under Section 501(c)(3) of the Internal Revenue Code, and contributions to such funds are tax-deductible.
Donor-advised funds are particularly family-friendly, as parents and children can consolidate their giving activities through a single fund account. In addition, children can be named as successors to a fund, ensuring the continuation of a family’s giving legacy.
Another significant advantage of a donor-advised fund is its capacity to accept any one of a variety of assets as a charitable contribution. Checks/wire transfers, commercial paper, mutual fund shares, securities, bonds, and restricted stocks all are acceptable assets.¹ In addition, the account has the potential to grow over time, increasing the donor’s giving power.
Family Foundations: Building a Legacy, Reaping Tax Benefits
A family foundation derives its assets from the members of a single family in which the donor and the donor’s relatives play a significant role in managing the foundation. Aside from helping families channel their philanthropic ambitions, family foundations can form a legacy of community involvement and responsible citizenship for generations to come. As their founders soon realize, family foundations offer potential tax and estate planning benefits for generations.
Private Foundations versus Supporting Organizations
There are two types of family foundations: private foundations and supporting organizations. Private foundations, the more common of the two, offer more flexibility and control (i.e., they can select and oversee their own board of directors and grant-making decisions), while supporting organizations enjoy more favorable tax treatment.
Gifts made to either type of family foundation are generally tax-deductible from the donor’s annual income tax. These deductions differ depending on the foundation’s structure, the type of property or asset contributed, and the donor’s income level. As a general rule, all gifts to a family foundation are removed from the donor’s estate, avoiding estate or gift taxes.
Balance Giving Goals and Financial Planning
While the tax benefits associated with charitable giving help reduce the cost of making charitable gifts, an individual’s income or wealth transfer needs determine the ability to give. To address both goals, vehicles such as charitable remainder trusts (CRTs) or charitable lead trusts (CLTs) are available.
A CRT can guarantee a lifetime income stream for a donor and a spouse, while reducing current income taxes. A CRT also can be an integral part of a family business succession plan. A donor can transfer stock to a CRT, and a closely held corporation may redeem the shares. The redemption funds the CRT with tax-free monies that subsequently can be invested to provide an income stream to the business owner and the spouse.
A CLT enables the donor to control and enjoy his assets during his lifetime. At the donor’s death, his estate receives a tax deduction equal to the present value of the charity’s future income interest. It can make it possible to create a legacy for family heirs with potentially little or no estate tax consequences.
Including charitable giving strategies within your estate plan can be an effective way for you and your family to enjoy an income stream during your lives, save taxes, and maintain a significant degree of control over assets. Be sure to consult an attorney or Certified Financial Planner™ who can help you identify the strategies that are most appropriate for your situation.
¹Investing in mutual funds involves risk, including loss of principal. Bonds are subject to market and interest rate risk if sold prior to maturity. Bond values will decline as interest rates rise and are subject to availability and change in price. Investing in stocks involves risks, including loss of principal.
The opinions expressed above are solely those of Kondo Wealth Advisors, LLC, a Registered Investment Advisor in the state of California. Neither Kondo Wealth Advisors, LLC nor its representatives provide legal, tax or accounting advice.