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CRT DESIGN

A charitable remainder trust is drafted at a single point in time, based on the donor’s assets, family circumstances, tax objectives, and financial goals at that moment. But the design decisions made at the outset affect the trust for decades.

CRT Experts works with legal, tax, and financial advisors to evaluate and implement CRT structures that preserve flexibility, improve after-tax outcomes, and align the trust design with the client's broader financial and family planning objectives.


Designing for Long-Term Flexibility

Charitable remainder trusts are highly technical instruments, but many CRTs are drafted using relatively standard forms. In some cases, the trust satisfies the technical qualification rules but does not take full advantage of important design options available under Section 664 of the Internal Revenue Code.

Choices involving trust duration, successor beneficiaries, payout structure, income deferral, trustee powers, charitable beneficiary provisions, and investment design can have a significant impact on the trust's long-term effectiveness.

Our role is to help advisors identify those opportunities before the trust is created, or to evaluate whether an existing CRT has untapped flexibility that may be useful as client objectives change.

CRT Design Decisions That Matter

A well-designed CRT should do more than satisfy the technical qualification rules. It should be built around the client's actual planning goals.

For some clients, that means deferring gain on appreciated assets while creating a lifetime income stream. For others, it means deferring income, extending benefits to children or grandchildren, managing concentrated asset risk, or preserving flexibility as family circumstances evolve.

In many cases, two of the most important design opportunities are trust duration and income deferral.

Trust Duration
CRT can be structured so that after the client and spouse die, children may continue receiving the income. In many cases, after the children die, grandchildren may also receive income. Depending on the ages of the beneficiaries, payout rate, and applicable qualification rules, the expected duration of a CRT can extend fifty to sixty years.

This can allow the CRT to function as a long-term family income vehicle, rather than a planning arrangement that ends at the donor’s death.

The appropriate structure depends on the client’s objectives and the applicable actuarial requirements, but careful design at the outset can materially increase the number of family members who may benefit from the trust over time.

Income Deferral
Some clients do not need current income every year. Others may prefer to defer income during high-tax years, during working years, or during periods when trust assets are being repositioned for long-term growth.

In appropriate cases, a CRT can be designed to allow income to be deferred during periods when distributions are not needed, permitting trust assets to continue growing inside a tax-exempt structure.

This type of planning is especially valuable where the client’s goal is not simply immediate cash flow, but long-term after-tax value for the family.

Proposed and Existing CRTs

CRT design is easiest to address before the trust is created, but existing CRTs may also present planning opportunities.
 
We commonly assist advisors with:

  • Reviewing proposed CRT designs before implementation
  • Evaluating existing CRTs where client objectives have changed
  • Modeling payout structure, trust duration, and after-tax outcomes
  • Reviewing beneficiary, trustee, and charitable beneficiary provisions
  • Coordinating implementation with the client’s existing advisor team

     

A trust that made sense when it was created may no longer serve the client’s current objectives. In those cases, the question is not simply whether the CRT was validly drafted, but whether the client has options available under the trust agreement and applicable law.

Advisor Support

CRT planning is specialized. Small drafting and design decisions can have meaningful long-term consequences, and many advisors encounter these issues only occasionally.

CRT Experts works alongside the client’s existing legal, tax, and financial advisors. We do not replace the client's advisor team. Instead, we provide focused CRT expertise to help advisors evaluate options, avoid common design limitations, and implement the structure that best fits the client’s objectives.

 

Recorded CRT Design Presentation

 

For advisors who want to explore these design opportunities in more detail, CRT Experts offers a recorded presentation addressing two features that are often available but underutilized when CRTs are drafted: income deferral and lives-plus-term CRT design.

 

CRT Design: Income Deferral and Lives-Plus-Term Planning
A discussion of CRT design choices that can preserve flexibility, extend potential family benefits, and improve long-term after-tax outcomes where appropriate under the applicable qualification rules.

To discuss a proposed CRT design, review an existing CRT, or evaluate whether a CRT may be appropriate for a client’s planning goals, call 703-520-2275 or email experts@crt-experts.com.​

CRT Experts, LLC

Specialized planning for charitable remainder trusts. 

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Leesburg, VA 20176

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