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New Vision of Excellence
Outright
Giving Opportunities
Cash
The most common
type of outright gift is cash. However, for many potential donors,
cash is a scarce commodity. In such cases, other forms of outright
gifts should be considered. Outright gifts may be made using:
Accelerated
withdrawals from retirement accounts
Publicly
traded securities
Closely
held stock
Tangible
personal property
Real
estate
Paid-up
insurance policies
Charitable
lead trusts
Accelerated
withdrawals from retirement accounts
Retirement
accounts provide a special source of cash for charitable gifts.
Withdrawals are optional for persons age 59 1/2 to 70 and mandatory
for persons older than age 70. There is no upward limit on the
amount that may be withdrawn.
Some people
discover that they do not need all of the funds in their retirement
plan and decide to accelerate the withdrawal of assets.
Removing assets
from a taxable estate reduces income and estate taxes upon the death
of the owner of the retirement plan.
We encourage
you to check with us or your advisor about the most recent tax
results when completing a gift using retirement assets. (back to
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Publicly
traded securities
A donor
contemplating an outright gift to CMU may wish to consider a gift of
appreciated long-term capital-gain property. This type of gift is
deductible at the full fair-market value, and the unrealized gain is
not taxable to the donor or CMU. From a tax standpoint, it nearly
always is preferable to gift such an asset rather than collecting
the taxable income resulting from the sale of that asset.
Gifting
appreciated property works well if:
- The donor has
a low basis in the asset and significant long-term capital
gain
- The donor
needs a charitable deduction for current income tax purposes
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Closely held stock
Another
investment option is to gift stock in a closely held corporation.
The gift results in a sizeable income tax deduction for the donor
and avoidance of tax on long-term capital gain. The stock then may
be redeemed by the corporation for cash or notes, which often are
referred to as bailout earnings. When only family members hold the
company, the buyback and retirement of the stock may result in a
transfer of assets to children.
Gifting closely
held stock works well if:
- The donor has
a low basis in the stock and significant long-term capital
gain
- The company
has retained earnings
- Other shares
of the company are held by the donor’s children and/or
grandchildren
- The donor
needs a charitable deduction for current income tax purposes
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Tangible personal property
It is possible
to make a gift of tangible personal property to CMU; however, the
use of the property must be related to the mission and purposes of
CMU. This kind of gift generates tax deductions equal to the full
fair-market value of the asset. If the use of gifted property is
unrelated to CMU’s tax-exempt purpose, the charitable deduction is
limited to the donor’s cost basis rather than fair-market value.
Gifting
tangible personal property works well if:
- The donor has
a low basis in an asset that has appreciated significantly
- The asset is
related to the tax-exempt purposes of CMU
- The donor
needs a charitable deduction for current income tax purposes
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Real estate
Appreciated
property outright
When a parcel
of real estate is gifted to CMU, it generates a current income tax
deduction for the fair-market value of the property, as established
by qualified appraisals. As is the case with highly appreciated
securities, the gift of long-term, highly appreciated property to
CMU means that the unrealized gain is not taxable to either the
donor or CMU.
Property
through a bargain sale
This refers to
the sale of property such as a house, condominium, apartment
building, farm, empty lot, stock, etc., to CMU for less than the
fair-market value of the property. For example, an individual with a
piece of property having a fair-market value of $200,000 may choose
to sell that property to CMU for $100,000, thereby gifting a portion
of the property to CMU. The donor is making a charitable gift equal
to the difference between the fair-market value of the property and
the selling price. There are capital gains implications only on the
non-gifted portion of the transaction. Gifts of mortgaged property
are, in effect, bargain sales.
Giving property
through a bargain sale works well if:
- The donor has
a low basis in a parcel of real estate that has appreciated
significantly
- The donor
wishes to recover some or all of his/her investment in the
property
- The transfer
is structured so that the charitable deduction on the gift portion
of the transfer offsets or exceeds the capital gains tax on the
sale portion
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Paid-up insurance policies
Transferring to
CMU all rights of ownership of an existing life insurance policy may
yield a substantial income tax deduction equal to the policy’s
replacement value or the donor’s basis in the policy, whichever is
less. If premiums remain to be paid on the policy and the donor
chooses to make those payments, a current income tax deduction is
available for each payment.
When CMU
receives an existing life insurance policy, it has the option of
retaining the policy until the death of the donor, which makes it a
future gift. Other options include terminating the policy
immediately and collecting the current cash surrender value or
keeping the policy and securing a loan against it that is to be
repaid at the time of the donor’s death.
Gifting an
existing life insurance policy works well if:
- The original
purposes for which the insurance was secured (e.g., mortgage
protection, insuring tuition payments, etc.) are no longer
relevant
- There is a
high cost basis or replacement value for the policy
- The donor
needs a charitable deduction for current income tax purpose
Charitable
lead trusts
Cash,
marketable securities, and, in some cases, real estate, may be
placed into a charitable lead trust that provides income to CMU for
a specified term of years. At the end of the term of years, the
assets in the trust revert to the donor or to the individual(s)
designated by the donor.
There generally
is no income tax deduction for this type of gift, but it can result
in significant gift or estate tax savings. Such a plan allows
property to be transferred to family members at a later date when it
will be taxed at a lower rate. This vehicle is particularly
appropriate for donors with relatively large estates.
Creating a
charitable lead trust works well if:
- The donor’s
estate is in excess of the amount sheltered from estate taxes (see
chart). Note that under current legislation, which is likely to
change, the estate tax is eliminated in 2010, and reinstated in
2011.
- The donor has
a highly appreciated asset or an asset for which considerable
appreciation is expected in the future
- The donor
wishes to provide annual cash for use by CMU over a period of
several years
- The
donor wishes to transfer assets to his/her heirs at a lowered tax
cost
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