Tax Field Guide

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Charitable Giving

Charitable Remainder Trusts

Overview

A trust pays you income for years, then the remainder goes to charity. It can spread out the tax on a large gain.

IRS scrutiny

Accepted when documented carefully, and the IRS reviews it more often.

Common questions

How much has to go to charity for a charitable remainder unitrust to qualify?

The annual payout must be a fixed percentage between 5% and 50% of the trust's value, revalued each year, and the value of the charity's remainder must be at least 10% of the net fair market value of the property at each contribution.

Source: 26 U.S.C. §664(d)(2)

Is a charitable remainder trust a listed transaction?

No. A properly run charitable remainder trust is not listed. The IRS does list certain trust distributions described in Treas. Reg. §1.643(a)-8, and final regulations effective July 9, 2026 list a separate arrangement that pairs a charitable remainder annuity trust with a single-premium annuity.

Sources: IRS, Listed transactions; Final regulations, Charitable Remainder Annuity Trust Listed Transaction (July 9, 2026)

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