A Charitable Remainder Unitrust (CRUT) is used to provide an income to a non-charitable beneficiary while at the same time transferring the remainder interest to a qualified charity.

The donor would irreversibly transfer securities or property to a trustee. The trustee would then pay the donor (or other income beneficiary) income from the property for life.

The donor could also provide that if he or she predeceased a spouse, the spouse in turn would receive income from the donated property for life. The donor would receive payments based on a fixed percentage of the fair market value of the assets placed in trust. The assets would be revalued each year.

Other Contributions

Unlike the Charitable Remainder Annuity Trust (CRAT), however, the CRUT may continue to receive assets in later years. The CRUT also differs from a CRAT since the stream paid out by the CRUT trust must be at least 5% of the annual reappraised value of the corpus.

Accordingly, the CRAT disburses a fixed sum of income that never differs in amount, while the CRUT, depending on the reappraised value of the corpus and accumulated income, may issue greater or lesser amounts of income.

Appreciation

The quantity of the payment to the non-charitable beneficiary can increase each year if the value of the corpus and income continues to appreciate. For that reason, the CRUT is an efficient method of fighting inflation. On the other hand, if the value of the assets continues to decrease in value over so many years, the CRUT may actually pay less income to the non-charitable beneficiary than was initially proposed.

If a grantor wishes to ensure an annual increase in the value of the income payment to the non-charitable beneficiary, the grantor should fund the corpus of such a trust with assets that pay a guaranteed rate of return, such as U.S. Treasury notes that pay interest tied to a specific rate of return.