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Harborscape
Professional Building
1524 Alaskan Way, Suite 200
Seattle, WA 98101-1514 |
Phone:
206 | 583.0155
Fax: 206 | 343.5759
www.faolaw.com
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Charitable Gifts
A Charitable Gift Annuity Can Benefit You and Your Community
Estate Planner Nov-Dec 2001
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Today's financial market may have you worried about the future.
Although you can make fast money by investing in the unsteady stock
market, you can lose it just as quickly. You may also wish to share
a portion of your earnings with a favorite charity, museum, school
or religious organization but are concerned about minimizing the
tax impact. So how can you maintain a consistent income flow and
still protect capital gains from the IRS? One of the most accessible
and least complicated ways is through a charitable gift annuity.
A charitable gift annuity allows you to reinvest your appreciated
property, avoid a current capital gains tax and do a good deed all
at once. Here's a closer look at how a charitable gift annuity can
benefit your cash flow and your community.
Benefits
of a Charitable Gift Annuity
Jon's stock in CouponSaver.com has skyrocketed and he will face
a large capital gains tax if he sells the stock. With dot-coms as
unstable as they have been, he's afraid to continue investing in
the same company, yet doesn't like the idea of selling his stock
and handing over 20% of his gain to the IRS.
At the same time, Jon wants to prepare for his future. He has $500,000
worth of the stock that he wants to reinvest to provide additional
cash flow. Jon's advisor suggests creating a charitable gift annuity.
Jon decides to support his local nature society. The
society and Jon agree on the terms and payout provisions of the
charitable gift annuity agreement.
How
a Charitable Gift Annuity Works
Jon's charitable gift annuity agreement provides that, in exchange
for the stock worth $500,000, the society will pay him an annuity
of $33,000 a year for the remainder of his life. By purchasing an
annuity, Jon is able to defer the capital gains when the society
sells the stock and recognize a portion of the gain, but only as
he receives annual payments. Jon reports his capital gain over his
life expectancy. Also, a charitable gift annuity defines a portion
of each payment Jon receives as a tax-free return of principal.
In addition, the tax law allows Jon to claim an income tax charitable
deduction in the year he sets up the charitable gift annuity. Jon's
current tax deduction is based on the present value of the portion
of the gift that will pass to the charity and is limited to 30%
of his adjusted gross income. Jon can carry forward any excess deduction
for five years.
Several factors determine the actual amount of the annuity Jon receives
from the society:
- Jon's age at the time of the gift,
- The rate of return the charity believes it will
earn,
- The gift amount, and
- Whether the payments will begin immediately or
be deferred to a later time.
Jon may want to consider how the gift annuity may affect what he
leaves to his wife after his death. But there is an easy way to
handle this: Jon may name his wife - or a child or another person
- as the successor beneficiary. The number and age of any additional
beneficiaries will be taken into account when calculating the annuity
payout and the gift's value. Jon could also increase his life insurance
or set up the annuity so that a portion of the payout pays his life
insurance premiums, ensuring the welfare
of his beneficiaries.
A
Win-Win Situation
A charitable gift annuity carries many advantages. Financially,
it spares you harsh taxation from immediate capital gains while
ensuring retirement funds. Unlike many retirement savings plans
- such as 401(k)s and IRAs - there are no limits on how much you
can contribute to a gift annuity.
The plans are relatively easy to set up and allow for tremendous
flexibility. And, philanthropically, a gift annuity benefits your
community. Whether it is a charity or an educational or religious
institution, charitable gift annuities protect the investor while
ultimately giving to those in need.
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