Estate Planning and Charitable Giving: Leaving a Legacy of Generosity
Maximizing Impact: Strategies for Integrating Philanthropy into Your Estate Plans
Individuals today often choose to make a gift to a charitable organization that supports something they are passionate about. Some men and women make this gift during their lifetimes, others bestow it when they pass, and many opt to do both. When doing so, they need to ensure they can sustain their current lifestyle after making this donation and provide for their beneficiaries. They also need to understand the tax implications when making these bequests.
Charitable Bequests
Charitable bequests are gifts specified in a person's will. The bequest can be straightforward, stating the amount the intended recipient should receive. However, some legacies are more intricate. This type of bequest includes stipulations on how the recipient can utilize the funds.
Bequests fall under four categories. General bequests come from the estate's general assets, and demonstrative bequests come with a specific source, such as a designated bank account. The executor distributes residuary bequests after paying all debts and expenses. Often, these bequests are a percentage of any remaining money in the estate.
Countless men and women include a specific bequest in their will, such as gifting an asset to a particular person. When many envision reading a will, they think of a person listing items each person named in the document will receive. They are thinking of specific bequests.
Knowing which option to use can be confusing. The person writing the will wants to make the most of their assets but may need to learn how to accomplish this. Working with a financial advisor when crafting this document is wise. The advisor helps the individual determine the benefits and drawbacks of each option. Request a consultation and ensure beneficiaries benefit most from the assets left to them. The advisor will ensure they do.
Charitable Trusts
A charitable trust allows an individual to support a charity and their beneficiaries simultaneously. In addition, the trust may provide income for the owner during their lifetime. Choosing the proper charitable trust structure, however, is critical. A financial advisor can help any person make this decision.
Charitable remainder trusts give assets to charity while providing the owner with income during their lifetime. The individual adds assets to the trust and receives income generated from these assets. The named charity receives any remaining assets upon the donor's passing.
However, the charity only benefits once the donor passes.
Charitable lead trusts, in contrast, pay the charity first. This charity receives any funds in the trust for a designated period. When the donor passes, named heirs receive any remaining funds. Depending on whether they may need the assets during their lifetime, the individual must choose between a grantor or non-grantor trust. Work with an estate planning attorney to determine which option is appropriate.
Individuals may combine charitable trusts with donor-advised funds. The individual invests in the fund and then directs how the monies are used. The trust owner won't need to choose a charity when setting up the trust; they may do so later.
Charitable Beneficiaries
Countless individuals today have retirement accounts. Each account needs a named beneficiary, and many people include one or more charities when listing their beneficiaries. However, a person must know their retirement account type before doing so, as the rules differ based on the account type. For this reason, many people work with a financial advisor to ensure the charity and their loved ones get the maximum amount possible when they pass.
How will naming a charity affect their annual required minimum distributions? In most cases, the distributions will not change. However, there are exceptions to this rule, and a financial advisor can explain these exceptions. Men and women often find it is easier to provide the funds when they pass, as gifting retirement account assets while alive comes with additional requirements.
Before naming one or more charity beneficiaries, the retirement account owner must confirm this is permitted. The plan custodian has this information. Furthermore, the account owner's spouse must often agree to the designation. A financial advisor can determine when that rule is applicable.
The account holder must take specific steps when naming a charity as a retirement account beneficiary. They need to alert the plan custodian and request written confirmation of receipt of the beneficiary designation. Furthermore, they must share a copy of this designation with the estate executor or tell them where to locate the copy upon the account owner’s passing.
Tax Implications of Including Charitable Giving in an Estate Plan
Every person must understand that charitable giving in an estate plan has tax implications. Knowing how to navigate these implications allows the donor to maximize the effectiveness of their philanthropy. A financial advisor will help the donor determine how to minimize any taxes associated with the gift.
Charitable contributions must abide by all tax laws and regulations. Due to the complexity of these laws and regulations, a person should not try to handle this matter alone. Any non-compliance could lead to less money making its way to the charity. Both federal and state laws come into play in this situation. They determine how much a person can legally donate, which assets they may donate, and any limits on tax deductions.
Charitable giving often reduces estate taxes. Doing so benefits the charities receiving the funds and reduces the estate’s tax burden. The intended recipients will receive more assets, while the government receives less.
Charitable contributions may also affect income and capital gains taxes. Individuals may deduct donations to qualified charities from their income taxes. Donating appreciated assets allows the person to avoid any capital gains taxes.
Nevertheless, the Internal Revenue Service limits the amount a person may deduct annually. The limit is usually a percentage of the donor’s adjusted gross income. However, the type of charity and gift also affects how much a person can deduct. The agency does allow individuals to carry certain deductions forward for future tax years.
An experienced financial advisor works with clients to determine which charitable giving option to use. The individual’s financial situation is examined when making this determination to ensure the beneficiaries receive the maximum amount while the donor sees the greatest tax savings. Begin looking for a professional to handle this tax today, as every person needs to know their funds will be safeguarded when they pass. Knowing this provides peace of mind.
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