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The Secret to
Understanding
Planned
Giving
Russell James, J.D., Ph.D., CFP®
Professor
Texas Tech University
The Secret to
Understanding
Planned
Giving
Part 1:
The tools
Isn’t planned giving super-complicated?
Gift planning
can do two
things.
Fundraisers
should use it
for two
reasons.
Financial
advisors
should use
it for two
reasons.
Gift planning can do two
things
• Lower taxes
• Trade gift for income
If gift planning can only
do two things, how can it
get so complicated?
Trade for
Income
Charity-Backed
CGA
Immediate fixed $
payments for
life/lives
Immediate CGA
Delayed fixed $
payments for
life/lives
Deferred CGA
Donor Asset-
Backed
CRT
Fixed $ payments
for life or years
CRAT
Fixed % payments
for life or years
CRUT
Capped at yearly
income
NICRUT
With IOUs if
income below
fixed payment
NIMCRUT
Capped until
event occurs
Flip-CRUT
Pool of Different
Donors’ Assets
PIF
Trade for
Income
Charity-Backed
CGA
Immediate fixed $
payments for
life/lives
Immediate CGA
Delayed fixed $
payments for
life/lives
Deferred CGA
Donor Asset-
Backed
CRT
Fixed $ payments
for life or years
CRAT
Fixed % payments
for life or years
CRUT
Capped at yearly
income
NICRUT
With IOUs if
income below
fixed payment
NIMCRUT
Capped until
event occurs
Flip-CRUT
Pool of Different
Donors’ Assets
PIF
Lower Taxes
Capital Gains
Taxes
Give
appreciated
property
To charity in
exchange for
income
CRAT, CRUT, CGA, PIF
To charity
Income Taxes
Donor’s
Deduction for current gift
Deduction for committing
to future transfer to charity
PF, DAF, Grantor CLT, Remainder Deed
Deduction for current gift
in exchange for income
CRAT, CRUT, CGA, PIF
Heirs’
(retirement account
charitable beneficiary)
Estate Taxes
Give to charity
at death
Will, CRT, CGA,
Remainder Deed
Fixed
payments from
assets to
charity, excess
growth to heirs
estate tax free
Non-Grantor CLT
Lower Taxes
Capital Gains
Taxes
Give
appreciated
property
To charity in
exchange for
income
CRAT, CRUT, CGA, PIF
To charity
Income Taxes
Donor’s
Deduction for current gift
Deduction for committing
to future transfer to charity
PF, DAF, Grantor CLT, Remainder Deed
Deduction for current gift
in exchange for income
CRAT, CRUT, CGA, PIF
Heirs’
(retirement account
charitable beneficiary)
Estate Taxes
Give to charity
at death
Will, CRT, CGA,
Remainder Deed
Fixed
payments from
assets to
charity, excess
growth to heirs
estate tax free
Non-Grantor CLT
Lower Taxes
Capital
Gains Taxes
Give
appreciated
property
To charity in
exchange
for income
CRAT, CRUT,
CGA, PIF
To charity
Income Taxes
Donor’s
Deduction for current gift
Deduction for committing to future
transfer to charity
PF, DAF, Grantor CLT, Remainder Deed
Deduction for current gift in exchange for
income
CRAT, CRUT, CGA, PIF
Heirs’
(retirement account
charitable beneficiary)
Estate Taxes
Give to
charity at
death
Will, CRT,
CGA,
Remainder
Deed
Fixed
payments
from assets
to charity,
excess
growth to
heirs estate
tax free
Non-
Grantor CLT
Trade for Income
Charity-Backed
CGA
Immediate fixed
$ payments for
life/lives
Immediate CGA
Delayed fixed $
payments for
life/lives
Deferred CGA
Donor Asset-
Backed
CRT
Fixed $ payments
for life or years
CRAT
Fixed %
payments for life
or years
CRUT
Capped at yearly
income
NICRUT
With IOUs if
income below
fixed payment
NIMCRUT
Capped until
event occurs
Flip-CRUT
Pool of Different
Donors’ Assets
PIF
Yes, it can get
complicated.
But, it still only
does two things.
The Secret to
Understanding
Planned
Giving
Part 1:
The tools
The Secret to
Understanding
Planned
Giving
Part 2:
Motivations for
fundraisers
Gift planning can do two
things
• Lower taxes
• Trade gift for income
Fundraisers should use it
for two reasons
• If you are asking for cash, you are
asking small
• A donor says the magical phrase, “I
wish I could do more, but …”
If you are asking for
cash, you are asking
small
Wealth is not held in cash.
It is held in assets.
If you are asking from the cash bucket, you
are asking from the small bucket.
99%
1% Financial assets held by families
(U.S. Census 2007)
Other financial assets
(stocks, bonds,
retirement accounts,
life insurance, mutual
funds)
Cash: Checking,
savings, money
market deposit
accounts, and similar
The magical phrase:
“I wish I could do more,
but …”
The magical phrase,
“I wish I could do more, but …”
• I have to save for retirement
• I am on a fixed income
• I don’t have the cash right
now
• Everything is tied up in the
business/farm
• Maybe I’ll leave a gift in my
will
• I only have so much money
and I might live a really long
time
• Etc., etc., etc.…
The magical phrase:
“I wish I could do more,
but …”
The magical response:
“What if there was a way
you could do both?
Would you like to hear
about that?”
A simple way to ask from the big bucket…
Donor Charity
$100k Cash
Donor Charity
Income tax deduction
($100,000 x 39.6%)
$39,600
+
Avoid capital gains tax
($90,000 x 23.8%)
$21,240
Income tax deduction
($100,000 x 39.6%)
$39,600
$100k Stock
Donor Charity
$100k low
basis stock
$100k
cash
immediately buy
identical stock
(100% basis)
The charitable swap
No “wash sale” rule
because this is gain
property, not loss
property
Donor Charity
$100k low
basis stock
$100k
cash
immediately buy
identical stock
(100% basis)
A FREE tax benefit you lose
every time you give cash
Donor
Charities
$100k
cash
The charitable swap for
charities that want only cash
Donor
Advised
Fund
$
$
$
$100k low
basis stock
immediately buy
identical stock
(100% basis)
The Secret to
Understanding
Planned
Giving
Part 2:
Motivations for
fundraisers
The Secret to
Understanding
Planned
Giving
Part 3:
Motivations for
financial
advisors
Gift planning can do two
things
• Lower taxes
• Trade gift for income
Financial advisors should
use it for two reasons
• To provide dramatic benefit to
highly desirable clients
• To increase (multi-generational)
assets under management
0%
5%
10%
15%
20%
25%
30%
35%
40%
45%
$2.0 million <
$3.5 million
$3.5 million <
$5.0 million
$5.0 million <
$10.0 million
$10.0 million <
$20.0 million
$20.0 million or
more
Estates including charitable planning
by estate size
(IRS Statistics of Income 2008)
Selling and reinvesting a highly appreciated
non-income producing asset
Simple Sale
$1,000,000 asset
$1,000,000 gain (if zero basis)
$288,000 tax (23.8% fed + 5% state)
$722,000 left to invest
Charitable
Remainder Trust
$1,000,000 asset
$1,000,000 gain (if zero basis)
$0 tax (CRT pays no tax)
$1,000,000 left to invest
& $100,000+ tax deduction
Tax-free growth environments
• Growth inside a donor
advised fund is tax free
• Growth inside a
charitable remainder
trust is tax free (only
distributions are taxed)
• Growth inside a private
foundation is tax limited
(either 2% or 1% rate)
Multi-generational management
Inheritance
• Small pools after
division by 1/n
children and estate
tax
Private
Foundation/DAF
• Individual
relationships
with each
heir
• High
maintenance
/ personal
losses
• Big pool with
no division
and no estate
tax
• Preexisting
position as
pool manager
• Low
maintenance/
charitable
organization
losses
Gift planning
can do two
things.
Fundraisers
should use it
for two
reasons.
Financial
advisors
should use
it for two
reasons.
The secret to
understanding
planned
giving

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The secret to understanding planned giving

  • 1. The Secret to Understanding Planned Giving Russell James, J.D., Ph.D., CFP® Professor Texas Tech University
  • 3. Isn’t planned giving super-complicated?
  • 4. Gift planning can do two things. Fundraisers should use it for two reasons. Financial advisors should use it for two reasons.
  • 5. Gift planning can do two things • Lower taxes • Trade gift for income
  • 6. If gift planning can only do two things, how can it get so complicated?
  • 7. Trade for Income Charity-Backed CGA Immediate fixed $ payments for life/lives Immediate CGA Delayed fixed $ payments for life/lives Deferred CGA Donor Asset- Backed CRT Fixed $ payments for life or years CRAT Fixed % payments for life or years CRUT Capped at yearly income NICRUT With IOUs if income below fixed payment NIMCRUT Capped until event occurs Flip-CRUT Pool of Different Donors’ Assets PIF
  • 8. Trade for Income Charity-Backed CGA Immediate fixed $ payments for life/lives Immediate CGA Delayed fixed $ payments for life/lives Deferred CGA Donor Asset- Backed CRT Fixed $ payments for life or years CRAT Fixed % payments for life or years CRUT Capped at yearly income NICRUT With IOUs if income below fixed payment NIMCRUT Capped until event occurs Flip-CRUT Pool of Different Donors’ Assets PIF
  • 9. Lower Taxes Capital Gains Taxes Give appreciated property To charity in exchange for income CRAT, CRUT, CGA, PIF To charity Income Taxes Donor’s Deduction for current gift Deduction for committing to future transfer to charity PF, DAF, Grantor CLT, Remainder Deed Deduction for current gift in exchange for income CRAT, CRUT, CGA, PIF Heirs’ (retirement account charitable beneficiary) Estate Taxes Give to charity at death Will, CRT, CGA, Remainder Deed Fixed payments from assets to charity, excess growth to heirs estate tax free Non-Grantor CLT
  • 10. Lower Taxes Capital Gains Taxes Give appreciated property To charity in exchange for income CRAT, CRUT, CGA, PIF To charity Income Taxes Donor’s Deduction for current gift Deduction for committing to future transfer to charity PF, DAF, Grantor CLT, Remainder Deed Deduction for current gift in exchange for income CRAT, CRUT, CGA, PIF Heirs’ (retirement account charitable beneficiary) Estate Taxes Give to charity at death Will, CRT, CGA, Remainder Deed Fixed payments from assets to charity, excess growth to heirs estate tax free Non-Grantor CLT
  • 11. Lower Taxes Capital Gains Taxes Give appreciated property To charity in exchange for income CRAT, CRUT, CGA, PIF To charity Income Taxes Donor’s Deduction for current gift Deduction for committing to future transfer to charity PF, DAF, Grantor CLT, Remainder Deed Deduction for current gift in exchange for income CRAT, CRUT, CGA, PIF Heirs’ (retirement account charitable beneficiary) Estate Taxes Give to charity at death Will, CRT, CGA, Remainder Deed Fixed payments from assets to charity, excess growth to heirs estate tax free Non- Grantor CLT Trade for Income Charity-Backed CGA Immediate fixed $ payments for life/lives Immediate CGA Delayed fixed $ payments for life/lives Deferred CGA Donor Asset- Backed CRT Fixed $ payments for life or years CRAT Fixed % payments for life or years CRUT Capped at yearly income NICRUT With IOUs if income below fixed payment NIMCRUT Capped until event occurs Flip-CRUT Pool of Different Donors’ Assets PIF Yes, it can get complicated. But, it still only does two things.
  • 13. The Secret to Understanding Planned Giving Part 2: Motivations for fundraisers
  • 14. Gift planning can do two things • Lower taxes • Trade gift for income Fundraisers should use it for two reasons • If you are asking for cash, you are asking small • A donor says the magical phrase, “I wish I could do more, but …”
  • 15. If you are asking for cash, you are asking small
  • 16. Wealth is not held in cash. It is held in assets. If you are asking from the cash bucket, you are asking from the small bucket.
  • 17. 99% 1% Financial assets held by families (U.S. Census 2007) Other financial assets (stocks, bonds, retirement accounts, life insurance, mutual funds) Cash: Checking, savings, money market deposit accounts, and similar
  • 18. The magical phrase: “I wish I could do more, but …”
  • 19. The magical phrase, “I wish I could do more, but …” • I have to save for retirement • I am on a fixed income • I don’t have the cash right now • Everything is tied up in the business/farm • Maybe I’ll leave a gift in my will • I only have so much money and I might live a really long time • Etc., etc., etc.…
  • 20. The magical phrase: “I wish I could do more, but …” The magical response: “What if there was a way you could do both? Would you like to hear about that?”
  • 21. A simple way to ask from the big bucket…
  • 22. Donor Charity $100k Cash Donor Charity Income tax deduction ($100,000 x 39.6%) $39,600 + Avoid capital gains tax ($90,000 x 23.8%) $21,240 Income tax deduction ($100,000 x 39.6%) $39,600 $100k Stock
  • 23. Donor Charity $100k low basis stock $100k cash immediately buy identical stock (100% basis) The charitable swap No “wash sale” rule because this is gain property, not loss property
  • 24. Donor Charity $100k low basis stock $100k cash immediately buy identical stock (100% basis) A FREE tax benefit you lose every time you give cash
  • 25. Donor Charities $100k cash The charitable swap for charities that want only cash Donor Advised Fund $ $ $ $100k low basis stock immediately buy identical stock (100% basis)
  • 26. The Secret to Understanding Planned Giving Part 2: Motivations for fundraisers
  • 27. The Secret to Understanding Planned Giving Part 3: Motivations for financial advisors
  • 28. Gift planning can do two things • Lower taxes • Trade gift for income Financial advisors should use it for two reasons • To provide dramatic benefit to highly desirable clients • To increase (multi-generational) assets under management
  • 29. 0% 5% 10% 15% 20% 25% 30% 35% 40% 45% $2.0 million < $3.5 million $3.5 million < $5.0 million $5.0 million < $10.0 million $10.0 million < $20.0 million $20.0 million or more Estates including charitable planning by estate size (IRS Statistics of Income 2008)
  • 30. Selling and reinvesting a highly appreciated non-income producing asset Simple Sale $1,000,000 asset $1,000,000 gain (if zero basis) $288,000 tax (23.8% fed + 5% state) $722,000 left to invest Charitable Remainder Trust $1,000,000 asset $1,000,000 gain (if zero basis) $0 tax (CRT pays no tax) $1,000,000 left to invest & $100,000+ tax deduction
  • 31. Tax-free growth environments • Growth inside a donor advised fund is tax free • Growth inside a charitable remainder trust is tax free (only distributions are taxed) • Growth inside a private foundation is tax limited (either 2% or 1% rate)
  • 32. Multi-generational management Inheritance • Small pools after division by 1/n children and estate tax Private Foundation/DAF • Individual relationships with each heir • High maintenance / personal losses • Big pool with no division and no estate tax • Preexisting position as pool manager • Low maintenance/ charitable organization losses
  • 33. Gift planning can do two things. Fundraisers should use it for two reasons. Financial advisors should use it for two reasons.