Now
- Your client can establish an endowment now with a wide range
of assets:
-
Cash
-
Stocks
-
Real Estate
-
Appreciated Personal Property, etc.
or
Later
- through a planned gift
Types
of Assets for Charitable Gifts
CASH
Cash
gifts enable donors to claim a current income tax deduction
of up to 50 percent of their adjusted gross income in the
year the gift was given with a five-year carry-forward period.
APPRECIATED
SECURITIES
Donors
who contribute long term-appreciated securities to the Foundation
get a double federal tax benefit.
Gifts
of appreciated securities are deductible at their full market
value if they're held longer than twelve (12) months and
the donor pays no capital gains tax on the stocks
appreciation. The fair market value of the donated stock
can be deducted up to 30 percent of the donors adjusted
gross income, with a five-year carry-forward if required
CLOSELY
HELD STOCK
Closely
held stocks are shares in a privately owned business which
can be contributed to the Foundation entitling the donor
to a deduction for the appraised fair market value. The
donor also avoids the potential capital gains tax on any
increase in the value of the stock when gifting them to
the Foundation to fund an endowment.
Subsequent
to the gift, the Foundation may sell the stock to the corporation
or to other shareholders for cash. There can be no prior
agreement between the charity and a potential buyer before
the gift is made.
The
donor is entitled to a deduction for the full value of the
stock up to 30 percent of the donors adjusted gross
income. A qualified appraisal is required if
the claimed value exceeds $10,000.
REAL
ESTATE
A gift
of real estate must be held more than one year to be deductible
at fair market value and is deductible for up to 30 percent
of the donors adjusted gross income. The deduction
must be in the year of the gift with a five-year carry-forward
period if required.
For
real estate held less than one year, the charitable deduction
is limited to the propertys cost basis.
Gifts
of real estate require certain procedures, including the
following:
- A
site visit to the property
- An
environmental assessment
- A
qualified appraisal
- A
copy of the latest tax assessment
- Determination
as to whether the property has a mortgage
Gifts
of real estate may be contributed as outright gifts, as
a retained life estate, or as a contribution to a charitable
remainder trust, or may be gifted to the Lubbock Area Foundation
through a donors will.
TANGIBLE
PERSONAL PROPERTY
Gifts
of tangible personal property (art, antiques, collectibles,
jewelry, etc.) when gifted to the Foundation, qualify for
a charitable tax deduction at the donors cost in the
property.
Life
Income & Other Planned Gifts
Life
income and other planned gifts create win-win
opportunities for your clients and local charities. These
may be created during your clients lifetime, or by bequest.
A general
overview of life income and planned giving options follows:
Charitable
Gift Annuities
The
Foundation offers charitable gift annuities which make it
possible for donors to support the community in the future
while providing lifetime income for themselves.
A charitable
gift annuity is a simple contract between the donor and
the Lubbock Area Foundation. It gives donors the opportunity
to make a future charitable gift while providing income
during their lifetime. Under this contractual arrangement,
donors transfer assets to the Foundation in exchange for
a commitment by the Foundation to pay them (and a second
annuitant, if the donor so chooses) a fixed and guaranteed
payment for the remainder of their lifetime(s). Upon the
death of the annuitant(s), the remaining principal is retained
as a named endowment within the Foundation to carry out
the donors charitable intentions.
Charitable
Remainder Trust
A charitable
remainder trust pays to the donor (and/or another beneficiary)
either a fixed or variable income for the beneficiarys
life, or for a fixed term of years, or a combination of
the two. When the trust term expires, the remainder is distributed
to a charitable beneficiary. By designating a new or existing
fund within the Foundation as the beneficiary, donors increase
the flexibility of the charitable remainder.
A charitable remainder trust can be set up during ones
lifetime or through a will. If highly appreciated assets
are contributed to the trust, the trustee may be able to
sell them without paying capital gains tax. Low-yielding
assets can be sold and the proceeds reinvested to produce
higher income for the income beneficiary. Donors can receive
a charitable income tax deduction depending on their age,
length of the trust term, payout rate, frequency of payments,
and applicable federal discount rate.
Charitable
Lead Trust
A charitable
lead trust is the reverse of a charitable remainder trust
through which annual payments are made to a charitable organization
or fund within the Foundation for a number of years, then
the assets are returned to the donors or to another non-charitable
beneficiary. This type of trust can be created by a trust
agreement or a will.
A charitable
lead trust created in a will can substantially reduce the
estate taxes payable at the time of death because of the
charitable deduction for the Foundations or other
charitable organizations interest in the annuity or
unitrust payment. The value of the charitable interest depends
on the length of the trust and the amount or percentage
to be paid out each year.
Life
Estates
Life
estates provide a way for your client to gift a residence
or farm to the Lubbock Area Foundation. Your client is entitled
to a charitable income tax deduction for the present value
of the remainder interest while relieved of the potential
capital gains tax on the propertys appreciation. The
donor deeds the property to the Lubbock Area Foundation
and retains the right to live in the home or on the farm
until death. When the life estate terminates, the real estate
is sold and the proceeds are contributed to establish or
add to an existing fund in the Foundation as directed by
the donor.
Life
Insurance
Donors
may find that they have life insurance policies that are
no longer needed. By gifting such policies to the Lubbock
Area Foundation, they can establish an endowment to support
the causes and charities important to them. Policies are
excellent ways to make charitable gifts.
Generally,
donors receive a federal income tax deduction for the amount
of the cash surrender value in the year of the irrevocable
transfer of the policy to the Foundation. Any type of fund
may be established with an insurance policy. Life insurance
enables donors to make a much larger gift than they might
have thought possible, and a gift of insurance may not reduce
their current income.
Mutual
Funds
These
funds can be an excellent asset to contribute to the Foundation.
Gifts of mutual funds are deductible at their fair market
value up to 30 percent of the donors contribution
base, with a five-year carry-forward if required.
Qualified
Retirement Plan Assets
Retirement
plan assets can make excellent charitable gifts. Qualified
retirement plans enjoy favorable tax treatment prior to
retirement, but are severely taxed at the death of the plan
participant. Plans may be subject to income tax and estate
tax which can exceed 70 percent or more but these may be
minimized or avoided if the plan participant makes a gift
to charity at death by beneficiary designation. In many
cases, it may be advantageous to leave other assets to heirs
and to name a fund in the Foundation as the beneficiary
of the retirement plan.
Forming
a Supporting Organization
Gifts
to a supporting organization of the Lubbock Area Foundation
are fully deductible at the current fair market value, including
publicly traded or closely held stock.
Supporting
organization status (detailed in Internal Revenue Code Section
509(a)(3) and the related regulations) gives an organization
many of the advantages of private foundation status. A supporting
organization is a separate entity from The Lubbock Area
Foundation, has its own board of trustees, makes its own
grant decisions, and has its own Section 501(c)(3) tax-exempt
status from the Internal Revenue Service.
The
favorable tax status granted to supporting organizations
results from the relationship between each supporting organization
and the Lubbock Area Foundation, a public charity.
When
Your Client is a Corporation
Corporations
wanting to simplify their charitable giving may find that
working through the Foundation can save them significant
administrative expense and help focus their charitable giving.
By
setting up a fund in the Lubbock Area Foundation, staff
is freed from the administrative details of charitable giving
and may choose their level of involvement in grantmaking.
The Foundation staff provides familiarity with this areas
non-profit organizations, grantmaking services at a low
cost and handles all administrative paperwork, check writing,
and investment oversight.
Through
a corporate donor advised fund a dependable stream of income
to meet the companys charitable obligations can be
provided, even during years when cash flow is tight. Additions
to the fund may be made at any time. A corporation can establish
a fund and ask the Foundation to distribute either principal,
income, or a combination of both at varied times throughout
the year. The corporation may make suggestions to the Foundation
concerning specific grantees; it may ask the Foundation
to follow specific guidelines in making grants from its
fund; or it may give the Foundation full discretion over
disbursements.
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