Big Sale TaxHans Goldstein: Tax & Exit Planning
Home / Tax Tools / Charitable remainder trust
Tax tool analysis: charitable trusts

Charitable remainder trust analysis: how it works, who it fits, and the catch

deferral charitable offset
Short answerA charitable remainder trust lets you transfer appreciated property to an irrevocable trust before a sale. The trust, which is exempt from income tax, sells and reinvests the full price, then pays you an annuity or a percentage of its value for life or up to 20 years. You get a partial deduction now, the gain is taxed gradually as you are paid, and charity gets what is left.

How a charitable remainder trust works

  1. You sign an irrevocable trust agreement naming yourself (and often a spouse) as income beneficiary and one or more charities as remainder beneficiaries.
  2. You transfer the appreciated asset, such as land, a building, or company stock, to the trust before any binding sale.
  3. The trustee sells. Because a charitable remainder trust is exempt from income tax (IRC 664(c)), the full sale price stays invested.
  4. The trust pays you each year for your life, joint lives, or a term of up to 20 years.
  5. At the end, the remaining assets go to charity, often your own donor-advised fund or a family foundation.

You get an income tax deduction in the year of transfer for the present value of the charity's remainder, figured with the IRC 7520 rate. That rate was 5.6% for October 2026 (Rev. Rul. 2026-19), and you may use the rate for the month of the gift or either of the two prior months. For a CRAT, a higher rate means a larger deduction; for a unitrust the rate matters much less.

CRAT, CRUT, NIMCRUT and flip trusts

TypePaysFits
CRAT (annuity trust)A fixed dollar amount each year, 5% to 50% of the initial valueOwners who want a fixed payment; no additional contributions allowed
CRUT (standard unitrust)A fixed percentage, 5% to 50%, of the trust's value revalued every yearOwners who want payments to grow with the portfolio; extra contributions allowed
NIMCRUT (net income with makeup)The lesser of trust income or the unitrust percentage, with shortfalls made up in later high-income yearsAssets that pay little income, or owners who want to time their income
Flip CRUTStarts as a net income unitrust, then flips to a standard unitrust after a set date or event, such as the sale of an unmarketable asset (Treas. Reg. 1.664-3(a)(1)(i)(c))Real estate or private business interests that may take time to sell; the flip takes effect at the start of the next tax year

The 10% test: the charity's remainder must be worth at least 10% of the value placed in the trust (IRC 664(d)(1)(D), (d)(2)(D)). High payout rates, long terms and young beneficiaries can fail it. The 5% probability test applies to CRATs: if there is more than a 5% chance the fixed payments exhaust the trust while a beneficiary is alive, no deduction is allowed (Rev. Rul. 77-374). Rev. Proc. 2016-42 offers a sample early-termination clause that avoids that test.

Timing: transfer before a binding sale

The trust saves tax on the sale only if the trust, not you, is the seller. If the sale has effectively happened before the transfer, the IRS taxes the gain to you under the assignment of income doctrine, and the trust then holds after-tax cash.

  • Respected: In Palmer v. Commissioner, 62 T.C. 684 (1974), a gift of stock followed by a redemption the next day was respected because the charity was not legally bound to redeem. In Rev. Rul. 78-197 the IRS said it will treat such proceeds as the donor's income only if the donee is legally bound, or can be compelled, to sell.
  • Not respected: In Blake v. Commissioner, 697 F.2d 473 (2d Cir. 1982), a prearranged understanding about how the charity would use the proceeds led to the gain being taxed to the donor. In Ferguson v. Commissioner, 174 F.3d 997 (9th Cir. 1999), stock given after a merger and tender offer had "ripened" left the gain with the donors.

In practice: fund the trust before signing a binding purchase agreement, before a deal has become practically certain, and never with a trust agreement that obligates the trustee to sell to a particular buyer. A non-binding letter of intent is less risky than a signed contract, but the earlier the better. Get a qualified appraisal for non-cash gifts over $5,000.

How the payments are taxed: the four tiers

Each payment you receive carries out the trust's income in a fixed order (IRC 664(b)):

  1. Ordinary income (interest, non-qualified dividends), current and past undistributed.
  2. Capital gain, current and past undistributed, including the gain from selling your asset.
  3. Other income, such as tax-exempt interest.
  4. Return of principal, which is not taxed.

Within each tier, the highest-taxed category comes out first (Treas. Reg. 1.664-1(d)). So the big gain from the sale sits in tier 2 and is taxed to you a slice at a time over many years, often at lower brackets than one lump. The trust files Form 5227 every year and sends you a K-1. Unrelated business taxable income inside the trust is hit with a 100% excise tax (IRC 664(c)(2)), which is one reason debt-financed property and operating businesses are poor assets for these trusts.

Worked example

Assumptions (illustrative): married couple filing jointly in California, $150,000 of other income, 2026 tax tables. They own land worth $2,000,000 with a $200,000 basis (gain $1,800,000), no debt. Tax figures are from the Big Sale Tax engine.

Sell, then investCharitable remainder unitrust at 5%
Tax on the sale this yearAbout $627,100 (federal including net investment income tax about $423,500; California about $203,700)None at sale; gain is taxed later as it is paid out
Amount investedAbout $1,372,900$2,000,000
First-year paymentWhatever the portfolio yields$100,000 (5% of $2,000,000), mostly taxed as capital gain under tier 2
Deduction nowNonePresent value of the remainder; depends on ages, payout rate and the IRC 7520 rate
At the endPortfolio passes to heirsRemaining assets go to charity

The trust starts with about $627,000 more working for the family. What it gives up is the asset itself: heirs receive nothing from the trust unless the plan sets aside other assets for them.

IRS stance and audit risk

Properly drafted charitable remainder trusts are long-established and the IRS publishes sample forms. Audit risk concentrates on:

  • Prearranged sales (above).
  • Valuation: unmarketable assets need an independent trustee or a qualified appraisal (Treas. Reg. 1.664-1(a)(7)).
  • Self-dealing: the private foundation rules apply through IRC 4947(a)(2), so you and your family cannot buy from, sell to, or borrow from the trust.
  • Mortgaged property: debt can cause bargain-sale income, grantor trust problems and unrelated business income. Pay it off first.
  • S corporation stock: a charitable remainder trust is not an eligible shareholder, so a transfer would end the S election.
  • The CRAT listed transaction: final regulations published July 9, 2026 (T.D. 10051) identify as a listed transaction a CRAT whose trustee uses the sale proceeds to buy a commercial annuity while the beneficiary reports the payments as annuity income instead of under the four tiers. Participants and material advisors must disclose, and penalties apply. A normal CRAT is not affected.

Costs, fees and the deduction limits

Expect attorney fees to draft the trust, a qualified appraisal for non-cash assets, annual trustee and investment fees, and annual Form 5227 preparation. The 2026 deduction rules also matter:

  • Gifts of appreciated long-term property with a public charity remainder are deductible up to 30% of adjusted gross income; if a private foundation can be the remainder beneficiary, the limit is 20% and the deduction is generally based on your cost basis. Unused amounts carry forward five years.
  • Starting in 2026, charitable deductions count only above 0.5% of your contribution base (IRC 170(b)(1)), and taxpayers in the 37% bracket have itemized deductions reduced by 2/37 (IRC 68), which caps their value at about 35 cents per dollar.

How it compares with a Section 453 installment sale

Both spread the tax on a large gain over years. An installment sale does it with a buyer's note; you keep all the value, your heirs inherit the unpaid note, and you carry the buyer's credit risk, protected by the collateral and note terms. A charitable remainder trust does it inside a tax-exempt trust; you get a deduction and a diversified portfolio, but the remainder belongs to charity. Recapture taxed as ordinary income also differs: an installment sale reports Section 1245 recapture in the year of sale, while in a trust it lands in tier 1 of your payments. If you are not charitable, the installment sale usually wins. If you are, compare a charitable lead trust, a bargain sale or donating appreciated assets to a donor-advised fund too.

What to know

A charitable remainder trust is irrevocable: you cannot take the property back, and what remains at the end goes to charity, not to your heirs. The deduction is only the present value of the charity's share, not the full value, and in 2026 it is trimmed by the 0.5% floor and, for top-bracket taxpayers, the 2/37 reduction. Payments are limited to the trust's terms, so you trade a lump sum for a stream. The trust must be funded before the sale is locked in, and debt, S corporation stock and operating businesses are poor fits. Drafting, trustee and annual return costs make it best suited to larger gains. Work with your own attorney and CPA on the trust document and the deduction.

Frequently asked questions

Can I put property in a charitable remainder trust after I sign the purchase agreement?
That is risky. Once a sale is legally binding or practically certain, the IRS can tax the gain to you under the assignment of income doctrine, as in Ferguson v. Commissioner. Fund the trust before you sign, and do not obligate the trustee to sell to a particular buyer.
What is the difference between a CRAT and a CRUT?
A CRAT pays a fixed dollar amount every year and cannot accept more contributions. A CRUT pays a fixed percentage of the trust's value as revalued each year, so payments rise and fall with the portfolio, and it can accept more contributions.
How much can I deduct for a charitable remainder trust?
The present value of the charity's remainder, figured with IRS tables and the IRC 7520 rate. It must be at least 10% of the value transferred. For appreciated property with a public charity remainder, the deduction is limited to 30% of AGI a year, with a five-year carryforward.
How are charitable remainder trust payments taxed?
Under four tiers: ordinary income first, then capital gain, then other income such as tax-exempt interest, and last a non-taxable return of principal. The sale gain sits in the capital gain tier and is paid out over years.
Can I be the trustee of my own charitable remainder trust?
Often yes, but unmarketable assets such as real estate or private stock must be valued by an independent trustee or a qualified appraisal, and the self-dealing rules still bar transactions between you and the trust.
Is the CRAT listed transaction a problem for my trust?
Only if the trust follows the pattern in the July 2026 final regulations: the trustee buys a commercial annuity with the sale proceeds and the beneficiary reports the payments as annuity income instead of under the four tiers. A standard CRAT or CRUT is not a listed transaction.
What is the 7520 rate for a charitable remainder trust in 2026?
It was 5.6% for October 2026 (Rev. Rul. 2026-19). You can elect the rate for the month of the gift or either of the two preceding months.
How Hans helps: the $5,000 Big Sale Tax Analysis models this path side by side with every other option for your sale and ends with a written recommendation. See the analysis.
Next step

Know your number before you sign.

The Big Sale Tax Analysis is a flat $5,000. Start with a free scoping call; you are invoiced only after it, and only if you go ahead.

Prefer email? Request the analysis by email.

Book a callCall Hans