
A charitable remainder trust (CRT) is an irrevocable trust that lets you convert appreciated assets into income while supporting a charitable cause. The trust pays you or another beneficiary income for life or a set number of years, and whatever remains afterward goes to a charity you choose.
It’s a strategy that appeals to donors with long-term giving goals and highly appreciated assets, such as real estate or stocks. The income is usually based on a fixed percentage or fixed amount, depending on the trust type.
Let’s explore the charitable remainder trust example that shows how it works in practice.
- Example Scenario: Donating Appreciated Real Estate
- Real-Life Application: Lifetime Income Using Stock
- Retirement Strategy Through a CRT
- Providing for Family with a Fixed-Term CRT
- How Charitable Remainder Trusts Fit Into Estate Planning
- Charitable Remainder Trust vs. Other Giving Strategies
- Common Mistakes to Avoid
Example Scenario: Donating Appreciated Real Estate
Say you purchased a commercial property in Texas for $100,000. Over time, its value rose to $800,000. Selling the property directly would mean significant capital gains tax. Instead, you decide to donate the property to a charitable remainder trust.
What happens next:
- The CRT sells the property tax-free
- The proceeds are reinvested in income-producing assets
- You receive annual income from the trust
- When the trust ends, the remainder goes to a nonprofit you name
Because the trust is irrevocable, you can’t get the property back. However, you benefit from reduced taxes, a steady income stream, and charitable impact.
Types of Charitable Remainder Trusts
Different types of CRTs allow you to customize your income and giving goals.
Charitable Remainder Unitrust (CRUT)
- Pays a percentage of trust assets, revalued annually
- Accepts future contributions
- Income can increase if the trust grows
Charitable Remainder Annuity Trust (CRAT)
- Pays a fixed amount annually
- Does not allow additional contributions
- Better for those who want predictability
Deferred CRT
You can delay when income payments begin. This is useful if you’re still working and don’t need immediate income but want the deduction now and income later in retirement.
Real-Life Application: Lifetime Income Using Stock
Let’s say you’re 60 and have $500,000 in long-held stocks. Selling now would generate capital gains tax. Instead, you set up a CRUT, transfer the stock, and begin receiving 5% annually.
Key benefits of this example:
- No capital gains tax at sale
- You get annual income for life
- Charity receives the balance at your death
- You receive a charitable deduction based on the remainder value
The main goal here is to turn an illiquid or taxable asset into lifetime income without immediate tax penalties.
Retirement Strategy Through a CRT
You may also use a CRT to plan for retirement. For example, a 55-year-old who owns private company shares worth $1.2 million wants to retire in 10 years. They fund a deferred CRUT and elect to receive income starting at age 65.
The benefits of this strategy include:
- Locking in a charitable deduction today
- Allowing trust assets to grow before income starts
- Helping with retirement income planning
- Avoiding capital gains on a large asset sale
This type of charitable remainder trust example shows how to turn business exit planning into both a retirement and philanthropic solution.
Providing for Family with a Fixed-Term CRT
You may also use a CRT to benefit your children or spouse. Suppose you have adult children and want to provide for them over a 20-year period.
You create a CRAT and fund it with appreciated real estate or stocks. Your children receive a fixed amount every year for 20 years, and then a university foundation receives the remainder.
This setup supports both family and charity while offering you tax relief during your lifetime.
Requirements You Must Meet
For the charitable remainder trust to qualify under IRS rules, certain requirements must be followed:
Federal rules:
- Trust must be irrevocable
- Remainder value going to charity must be at least 10% of the asset’s initial fair market value
- The income stream must follow strict percentage or annuity payout terms
- The charitable organization must be tax-exempt under IRS 501(c)(3)
Texas-specific considerations:
- Real property must be properly titled to the trust using a valid deed
- Professional appraisals are required for non-cash assets
- Trustees must comply with Texas Trust Code rules
Failure to meet these requirements could affect the tax-exempt status or cause the IRS to disallow your charitable deduction.
Tax Implications and Reporting
Setting up a CRT has direct effects on your tax situation.
Charitable Deduction
You can deduct the present value of the remainder interest that will go to the charity. This amount is calculated using your age, payout rate, and the IRS’s §7520 rate at the time of the gift.
Capital Gains
The CRT can sell appreciated property without triggering capital gains tax. You, however, will pay income tax as distributions are made, based on a tiered system.
Trust Filing
The CRT must file a Form 5227 with the IRS annually. If you’re the trustee, this will be your responsibility unless you appoint a third party.
Trustee Selection and Responsibilities
The trustee plays a central role in managing investments, issuing payments, and filing required documents. You can act as your own trustee, but doing so requires that you follow all fiduciary and administrative rules.
You may also:
- Appoint a corporate trustee (such as a bank or trust company)
- Appoint an independent trustee, like a CPA or attorney
- Set up co-trustees for oversight
The trustee must keep detailed records of trust activity and ensure the charity ultimately receives its portion.
When to Set Up a Charitable Remainder Trust
Timing plays a major role in how effective your trust will be. You should consider setting one up when:
- You’re planning to sell a highly appreciated asset
- You want to diversify your investment holdings without triggering tax
- You’re approaching retirement and want to lock in income
- You’re managing a large estate and need to reduce future estate taxes
If you plan to sell a business or investment property, creating a charitable remainder trust before the sale helps you capture the full market value of your asset, since the trust can sell without paying immediate capital gains tax.
Early planning also gives you time to handle appraisals, deed transfers, and IRS compliance paperwork.
How Charitable Remainder Trusts Fit Into Estate Planning
A CRT can serve as a core part of your estate plan. Because the trust is irrevocable, the assets you donate are removed from your taxable estate. This may help reduce or avoid federal estate taxes.
Here’s how it integrates:
- Income from the trust supports you or your beneficiaries
- The remainder goes to charity, fulfilling philanthropic goals
- Your estate is smaller, possibly avoiding tax thresholds
- You create a legacy of charitable impact
For Texas residents, proper coordination with your will or revocable living trust is important. You may also consider combining a CRT with a donor-advised fund or charitable lead trust for broader giving strategies.
Charitable Remainder Trust vs. Other Giving Strategies
If you’re comparing ways to give, it helps to understand how a CRT stacks up against other options:
| Giving Tool | Income to Donor | Capital Gains Avoided | Charitable Deduction | Revocable? |
| Charitable Remainder Trust | Yes | Yes | Yes | No |
| Donor-Advised Fund | No | Yes | Yes | No |
| Outright Gift to Charity | No | No | Yes | Yes |
Each tool has different benefits. If you want a mix of income and long-term charitable impact, a CRT offers flexibility you can’t get from other structures.
Common Mistakes to Avoid
Creating a CRT is a detailed process. Here are some things to avoid:
- Improper valuations: Failing to get a proper appraisal for donated property can reduce or eliminate your tax deduction.
- Using debt-financed assets: Property with debt can disqualify the trust’s tax-exempt status.
- Not following payout rules: If you choose payout terms that don’t meet IRS thresholds, the CRT may not qualify.
- Failing to plan for liquidity: If the trust lacks cash to make required distributions, it may be forced to sell assets at a loss.
Conclusion
A charitable remainder trust gives you the chance to turn appreciated assets into income while making a long-term impact. You can design the trust to support yourself, your family, and a cause that matters—all while managing your tax exposure.
Whether you’re nearing retirement, thinking about selling a business, or looking to support loved ones while giving to charity, this structure is worth serious consideration. Real-world examples show how flexible and powerful it can be.
But as with any advanced planning tool, setup must be done correctly. Asset transfers, valuation, and trustee selection must comply with both federal and state-specific requirements. When handled properly, a charitable remainder trust can serve as a smart, lasting solution.
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Frequently Asked Questions
You can avoid capital gains tax, receive lifetime or term-based income, and support a charity while reducing your estate’s taxable value.
No, the income beneficiary is fixed once the trust is established.
Only IRS-qualified charities (501(c)(3) organizations) can receive the remainder interest.
It’s not required, but it’s often recommended. Professional trustees handle filings, compliance, and investments with greater experience.
Yes. After the real estate is sold by the trust, you can receive income from the proceeds invested.
