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Charitable Estate Plans Using SRI Investments: Stewardship in Practice. Bill Hartman MMA Trust Co. SRI in The Rockies October 18, 2002. Stewardship Planning What Is It?.
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Charitable Estate Plans Using SRI Investments: Stewardship in Practice Bill Hartman MMA Trust Co. SRI in The Rockies October 18, 2002
Stewardship Planning What Is It? • Identify what is important to you and your family. • Plan according to your faith and values. • Share values across generations. • Incorporate SRI investments in life and testamentary plans: extends the good.
Stewardship Planning Important Questions • How much is enough for descendants ? • Is it too early or too late for leaving an inheritance ? • How can I “give back” from my accumulated wealth ? • How can accumulated wealth celebrate my life and witness ? • Can my estate plan include SRI-invested charitable tools ?
The road less traveled….an opportunity • Choosing the “enriching journey” over the “toll road” often takes just a bit more planning. • You already offer your client this choice; you can offer more through their estate planning.
Traditional Approaches to Estate Planning • “Nothing more than a series of unpleasant business decisions to minimize the damage.” • May ignore the income needs of the donor/subject. • Based on the net worth statement and “beating the tax man”.
What you can’t keep What you can keep Family’s Net Worth
$ $ Estate, Income, GSTTax Heirs I R S Social Capital Personal Capital
$ $ $ $ Charity Heirs I R S I R S Charity Charity Heirs Personal Capital Social Capital
Change in Unified Credit in EGTRRA 2001 vs. 1997 Law I.e. “the vanishing repeal” Year Applicable Exclusion Amount ‘97 TFRA ‘01 EGTRRA 2001 $675,000 $675,000 2002-3 $700,000 $1,000,000 2004-5 $700,000 $1,500,000 2006-7-8 $1,000,000 $2,000,000 2009 $1,000,000 $3,500,000 2010 Unlimited 2011 $1,000,000
Federal Income Tax on IRAs distributions 1993 = $ 13 billion to IRS 1998 = $ 55 billion 2001 = $100 billion
Case Study of Jonas and Mary Leatherman” • Good retirement income flow; supplement desired • Three children • Want to provide for children and charity • Jonas is 68 and Mary is 66 • Total estate: $4,000,000
Qual.Plan $1,000,000 Farm Land $1,000,000 Other Assets: $2,000,000 First Death $3,000,000 Spouse Estate $1,000,000 Bypass Trust* Second Death • Trust document (will) recommends Trustee invest corpus in SRI assets $850,000I R S $2,990,000 Family
Leatherman Family: Appreciated Farm Real Estate • Desire to sell farm land and home. • Need some cash to purchase new home. • Very low basis in the property. • Desire to minimize taxes on disposal
Substantial appreciation results in over $161,000 in Capital Gain Tax on sale $1,000,000 Sale Price $ 192,000 Cost Basis $ 808,000 x 20% =$161,000
Solution: Leatherman Family Charitable Remainder Uni-Trust • Gift 60% undivided fractional interest to charitable remainder uni-trust • 40% sold outright for cash • Zero-Tax sale • (Family recommends) trustee invest solely in SRI assets after sale
$1,000,000 Farm Property $192,000 Cost Basis Zero Tax Sale of Property 60% Leatherman Family Charitable Rem. Uni-Trust $600,000 40% Cash to Leathermans $400,000 $245,000 Tax Deduction* x 27% Tax Bracket $66,150 Tax Savings *Subject to 30% AGI deduction limit $400,000 76,800 Adjusted Basis $323,200 Capital Tax Gain x 20% Capital Gains Rate $ 64,640 Capital Gains Tax
Benefits to Family and Charity of a Zero Tax Sale of Real Estate • Gift to Charity: Current year $600,000 • Estimated*$875,000 at death • Annual income from Trust: • at 5% per year $ 30,000, Year 1 • (with 23 year life expectancy) $766,000 through life • Cash Available from Farm Proceeds $400,000 • Tax Paid on Sale: $ - 0 – • Trust Corpus Invested in SRI assets (mutual funds and individual issues.) * 23 year life expectancy, 2% annual average growth of trust
The charitable beneficiaries of the Leatherman Family Uni-trust: Projected Share Community Library: 25% ($218,750) Church: 25% ($218,750) College: 25% ($218,750) Land Preservation Fund: 25% ($218,750)
$595,967 I R S $2,732,538 Family $1,000,000 Asset Transfer Farm Land $1,000,000 Sale of Assets & CRT $600,000 Gift $248,860 Deduction Investment/ Purchase new home $400,000 First Death Second Death $719,500 I R S $2,280,500 Family $600,000 Charity
Qualified Retirement Plans: Gifts That Keep on Giving • Jonas and Mary have accumulated over $1,000,000 of qualified retirement plan assets. • Current plan: direct plan assets at death of surviving spouse to children. • Children are in high income tax brackets and do not need income. • Desire to have assets and benefits assist with education and environment. • What are the options?
Life Insurance Contract * IRS $0 Child 1 $333,333 Child 2 $333,333 Child 3 $333,334 * Assume paid by non-IRA assets or reinvested Required Minimum Distribution Qualified Plan Value $1,000,000 100% bequest Leatherman Family Endowment $1,000,000
Asset Transfer $3, 192,248 Family Farm Land Qualified Plan $1,000,000 Asset Replacement Trust $1,000,000 Sale of Assets & CRT Income Annual Gifts of Premium Deduction First Death $1,000,000 IRA Second Death $1,000,000 By Beneficiary Designation $136,257 I R S (includes effect of CRUT) Family Endowment Fund $1,000,000 + income $2,144,000 Family
Leatherman Family Endowment • Qualified Plan Assets are directed to endowment. • Trustee instructed to invest solely in SRI funds and assets. • Distribution directed by Leathermans: • Income annually to charities directed by Leatherman children. • Up to 5% of principal annually to local high school scholarship for student in life sciences or environmental curriculum. • Corpus after 20 years to college scholarship fund.
Multiple IRAs IRA Two IRA Three IRA One Bequest to Children Gift to Endowment Fund Children: Beneficiaries Gift to Charity
Donor Benefits: Financial • Creates income sources • Eliminates or reduces tax burden • Income/capital gain • Estate, gift • Increases inheritance for family • Returns and performance of investments improved • Helps favorite charities and causes grow and thrive
Donor Benefits: Values • Assets speak to values for family and others: • Redirects social capital • Investments of charitable gift plans continue with SRI difference. • Creates legacy of stewardship that keeps on giving. • Direct participation in philanthropy. • Increased personal significance.
Bill Hartman, Trust Advisor MMA Trust Co. 201 E. Oregon Rd., Ste 103 Lititz, PA 17543 Email: bill.hartman@mmapartners.org Phone: 800-494-6622 MMA Trust Co./ Mennonite Foundation Rod D. Diller, CEO 1110 No. Main St. Goshen IN 46527 Web: www.mma-online.org Phone: 800-348-7468 Contact Information