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How does a charitable lead annuity trust (CLAT) work? A worked example

The annuity that zeroes out the gift, the remainder the family receives, what the 7520 rate and the trust's return do to it, and the back-loaded variant.

A charitable lead annuity trust (CLAT) pays a charity a fixed annuity for a term of years and then passes what is left to the family. The taxable gift is the trust's value less the present value of the annuity at the section 7520 rate, so an annuity sized to zero it out makes the gift nil. On an illustrative 10,000,000 over 20 years at a 5.0 per cent 7520 rate, the charity receives 802,426 a year and, if the assets earn 7.0 per cent, the heirs receive 5,801,001 free of gift tax.

Worked in full in The Family Office Professional by Julian R. Sterling, with every figure reproduced in a free workbook.See the book on Amazon →

How a CLAT works

A CLAT is the mirror image of the charitable remainder annuity trust. There, the family takes the annuity and the charity the remainder. Here, the charity takes the annuity first, and the remainder goes to children or a trust for them. The IRS values the charity's annuity at the 7520 rate, published monthly. If the assets earn more than that rate, the excess stays in the trust and reaches the heirs without using any gift or estate tax exemption. The logic is the same as a zeroed-out GRAT, with a charity in place of the grantor as the annuitant.

The assumptions

Illustrative CLAT
InputValue
Assets transferred to the trust10,000,000
Term20 years
Section 7520 rate (illustrative)5.0%
Return earned by the trust assets7.0%
Annuity paid to charityLevel, at each year end

Step 1: the annuity that zeroes out the gift

Annuity factor at 5.0% for 20 years = (1 − 1.05−20) / 0.05 = 12.4622

Zeroing annuity = 10,000,000 / 12.4622 = 802,426 a year, 8.02 per cent of the gift

Excel: =PMT(5%, 20, -10000000)

Taxable gift = 10,000,000 − 802,426 × 12.4622 = 0

The charity receives 16,048,517 over the term. On paper that is worth exactly the 10,000,000 transferred, discounted at 5.0 per cent, which is why the gift of the remainder is valued at nil.

Step 2: what the heirs actually receive

Remainder = Gift × (1 + g)n − Annuity × ((1 + g)n − 1) / g

= 10,000,000 × 1.0720 − 802,426 × 40.9955 = 38,696,845 − 32,895,844 = 5,801,001

Excel: =FV(7%, 20, 802426, -10000000)

Trust balance after each annuity payment
YearBalance
19,897,574
59,410,976
108,584,838
157,426,138
20, to the heirs5,801,001

The balance falls every year, because the annuity of 8.02 per cent exceeds the 7.0 per cent return. The remainder is what is left of the two-point spread between the return and the 7520 rate, compounded for twenty years: in today's money, 10,000,000 less the annuity discounted at 7.0 per cent is 1,499,089, which grows to 5,801,001 by year 20.

What if the assets earn more or less?

Remainder to heirs by trust return, 5.0% 7520 rate
Trust returnRemainder at year 20
3%nil, trust runs dry in year 16
5%0
6%2,553,645
7%5,801,001
8%9,888,987
10%21,316,058
Effect of the 7520 rate at funding, 7.0% trust return
7520 rateZeroing annuityRemainder
3.0%672,15711,141,434
4.0%735,8188,531,644
5.0%802,4265,801,001
6.0%871,8462,955,106

The structure is a bet on the spread. Every point of 7520 rate at funding costs the heirs roughly as much as a point of lower return. When the return falls short of the rate, the family loses nothing to tax, since the gift was nil, but the trust may run dry before the term ends and the charity, not the family, bears the shortfall.

A back-loaded variant

Unlike a GRAT, a CLAT has no rule limiting how fast the annuity may rise from year to year, so some planners back-load it, a structure often called a shark-fin CLAT. Pay the charity 100,000 a year for 19 years and a balloon of 23,326,382 in year 20; at 5.0 per cent that still has a present value of 10,000,000 and the gift is still nil. At 7.0 per cent the heirs now receive 11,370,914, or 5,569,913 more, because more of the money stays invested at the higher return for longer. The charity receives 25,226,382 in total, later. Whether a particular payment pattern is acceptable is a question for counsel; the arithmetic is not.

The common mistakes

Takeaway

The cost of the office that runs structures like this, and when it pays, is in the free workbook for this book.

Questions readers ask

How do you calculate the annuity that zeroes out a CLAT?

Divide the amount transferred by the annuity factor at the section 7520 rate for the term: (1 - (1 + r) to the power of minus n) / r. For 10,000,000 over 20 years at an illustrative 5.0 per cent, the factor is 12.4622 and the annuity 802,426 a year, which in Excel is =PMT(5%, 20, -10000000). The remainder interest is then valued at 0 for gift tax.

What is the difference between a CLAT and a CRAT?

The order of the beneficiaries. In a charitable remainder annuity trust the donor or family takes the annuity and the charity receives the remainder. In a charitable lead annuity trust the charity takes the annuity and the family receives the remainder, which on 10,000,000 over 20 years at a 7.0 per cent return and a 5.0 per cent 7520 rate is 5,801,001.

When does a CLAT fail?

When the trust earns no more than the 7520 rate used at funding. At a 5 per cent return against a 5 per cent rate the heirs receive 0, and at 3 per cent the trust runs dry in year 16. A zeroed-out CLAT that fails costs no gift tax, but the charity receives less than it was promised.

Read the whole case

This article is one calculation from The Family Office Professional. The book takes the same case from first principles to the decision, chapter by chapter, and every figure it prints is a live formula in the free companion workbooks.

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