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Advanced CRT DesignReynolds T. Cafferata, Rodriguez, Horii, Choi & Cafferata, LLP
CRTs are back
Easy Assets
Difficult situations
S Corporation
Flavors of CRTs
• Annuity• Unitrust• Net Income Unitrust• Net Income Make Up• Combination of Methods (“Flip Trust”)
What if the donor wants?
• Distributions some years and not others?
Spigot CRT
Unitrust Amount > Net Income
What if Net Income is 0?
What’s Net Income?
• Trust Accounting Income• Cash Accounting• Interest, Dividends, Rents & Royalties• Not Gain from the sale of assets• Entities Create Income with distributions• Not the same as taxable income
Invest to Control Income
Use an entity to control income
Choices of Entities
• Variable Annuity• Partnership• Single Member LLC
Distributions from Entities
• Cash is Income unless:• Liquidation• Redemption• Exceeds 20% of Value of Entity
• Property and other distributions are Principal• California Look-Through Rule
Challenges
• Self-dealing• Constructive Receipt• Creation of Income When Distribution is Desired
S Corporation Stock
S Corporation Basics
• Flow Through Taxation• Shareholder Limits• U.S. Citizens• 501(c)(3) Organizations• Trusts for the above
S Corps and CRTs
• Do not mix• Ineligible Shareholder• UBTI for 501(c)(3) Organizations
S Corp Can Fund a CRT
• S Corp Is Beneficiary of CRT• 20 Year Term Maximum
S Corp
Challenges
• S Corp Must be Beneficiary• Deemed Liquidation
Encumbered Property
Potential Issues
• Bargain Sale • UBTI• Grantor Trust Disqualification
Pay It Off or Transfer It
Aged Debt Avoids UBTI
• Not Acquisition Debt If:• Donor Owned Property 5 Years• Debt on Property for 5 Years• Charity Does Not Assume Debt
Grantor Trust is Not a CRT
• CRT Cannot Be a Grantor Trust• Income owned by donor• Applies if CRT can pay donor’s debts• Recourse Debt is Donor’s Debt• Non-Recourse Debt may be OK
Solutions to Recourse Debt
• Pay it off or Transfer It• Get Lender to Waive Recourse• Keep out of Trust and Indemnify Trust
CRT Money Tree