Left to right:
Judi Tichenor
Assistant Director
JD'94, Chicago-Kent College of Law
John T. Keith
Assistant Vice President
JD'94, IU Maurer
School of Law
Brian D. Yeley
Associate Director
JD'99, IU Maurer
School of Law
Carmella Hise
Senior Director
JD'01, IU Maurer
School of Law
Estacia Medlen Brandenburg
Associate Director
JD'04, IU School of Law,
Indianapolis
Options is produced courtesy of the IUF Office of Gift Planning.
Questions?
Please contact us.
Tel: 800-558-8311 or
812-856-4237
E-mail: giftplan@indiana.edu
The general rule is that a donor cannot claim a deduction for a charitable gift of a partial interest in a property [IRC Sec. 170(f)(3)(A); IRC Sec. 2522(c)(2); IRC Sec. 2055(e)(2)]. However, there are exceptions to this rule, such as a gift in trust, a gift of a remainder interest in a personal residence or farm, or a gift of an undivided portion of a taxpayer’s entire interest in property, etc.
A charitable gift annuity is an agreement between a donor and a charity: the donor gives cash or property, and the charity promises to make payments to one or more annuitants at a payout rate determined by the age(s) of the annuitant(s). The donor's gift is considered part gift and part annuity, much like a bargain sale to charity.
The wealth replacement technique involves the transfer of cash or long-term, appreciated property to a charitable remainder unitrust (CRUT). The trust provides for annual (or more frequent) payouts to the donor, and perhaps also to a surviving spouse, for life or for a fixed term not to exceed 20 years.
The charitable lead trust is a vehicle used for making a gift of a partial interest in property to a charity. The partial interest gift is the annual income paid to a qualified charitable organization for a term of years.
A charitable organization must pursue one or more tax-exempt purposes constituting the basis of its tax exemption [Reg. Sec.1.501(c) (3)-1(c)(1)]. The Internal Revenue Code Sec. 501(c) specifies such purposes as religious, charitable, scientific, testing for public safety, literary, or educational purposes, or to foster national or international amateur sports competition, or for the prevention of cruelty to children or animals.
The Pension Protection Act of 2006 (“PPA”) introduced changes that affect many different areas of federal law, including philanthropy. There are both new incentives for charitable giving and new rules and regulations concerning charitable giving-in other words, a mixed bag.