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gift tax

What is a “CLAT”?

By Asset Protection Planning, Tax Law

A Charitable Lead Annuity Trust, or “CLAT,” is one in which designated charitable beneficiaries receive annual payments during the term of the Trust. Upon the termination of the Trust, designated non-charitable beneficiaries receive the remaining assets of the Trust free from the estate or gift taxes which might otherwise apply.

In a CLAT, the owner assigns certain percentages of his/her original charitable donations to be gifted to specific charities, based on original fair market values, every year. Generally, the grantor of a CLAT aims for charitable annuity payments that will equal all or most of the taxable value of the assets in the Trust. In this manner, the grantor can give as many of the remaining assets to his/her beneficiaries as possible, estate-tax-free.

If you are considering this option in creating your Trust, please feel free to contact the attorneys of Bach, Jacobs & Byrne, P.A., highly-skilled in estate planning and high-net-worth tax planning. Call us at (941) 906-1231 to schedule an appointment.

What is the gift tax?

By Tax Law

As defined by the Internal Revenue Service, the gift tax is one, “…on the transfer of property by one individual to another while receiving nothing, or less than full value, in return.” In general, it is said that all gifts are taxable – however, there are some exceptions to this rule. The following gifts are considered non-taxable:

-Any that are not more than the annual exclusion for the calendar year ($15,000 per gift, at the time of this writing)

-Tuition or medical expenses paid on behalf of someone else

-Gifts to one’s spouse

-Gifts to a political organization

-Gifts to charitable organizations

The recent Tax Cuts and Jobs Act of 2017 raised the annual exclusion from $14,000 to $15,000 per gift, which benefits high-net-worth individuals who wish to make gifts to their heirs.

Beware of this, however: on December 31, 2025, the exemptions will revert to lower values, absent any tax law updates in the meantime. Plan and give accordingly!