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Glossary
Below is a list of terms that are often used in connection with our
charitable programs.
501(c)(3)
Section of the Internal Revenue Tax Code that defines nonprofit,
charitable, tax-exempt organizations. “Corporations, and any
community chest, fund, or foundation, organized and operated exclusively
for 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”.
Appreciated Assets
Assets that have a higher market value than their basis or tax-purpose
value. Such assets would, if sold by an individual or non-charitable
organization at a price higher than their basis, potentially generate a
taxable capital gain (either long-term or short-term depending on the
holding period.)
Basis
The tax-purpose value of the property or asset used in establishing the
potential capital gain amount. Basis is the figure used to determine the
amount of gain or loss on a sale or exchange. Generally, the basis is
what a taxpayer paid for an asset. But there may be adjustments to the
basis (adjusted basis,) e.g., depreciation, improvements.
Beneficiary
The person and/or organization who receives the benefits (usually assets
or income) of the trust.
Bequest
A gift of property or assets to a beneficiary as defined in a will.
Capital Gains Lock
When appreciated property is producing little or no income, and is not
sold because the owner(s) do not want to incur capital gains tax.
It is “locked up” because of the capital gains tax.
Charitable Lead Trust
During the term or life of the charitable lead trust, an annuity or
unitrust income interest is distributed each year to the designated
charitable beneficiary and the assets are eventually transferred to the
trustor’s or grantor’s designated non-charitable beneficiary or
beneficiaries.
Charitable Ownership
When it comes to philanthropy, most people are
renters -
typically making donations by writing a check based on the
amount they feel they can spare at any given time. This takes
money out of their current cash flow, and often is not the best
way to support a charitable planning program - especially if you
want it to be efficient and effective, both for you and the
charity.
Establishing a family foundation account is the philanthropic equivalent
of owning your home, not renting a place to live. Principal
(contributions) made to your family foundation is preserved and
invested. This becomes a family charitable account which distributes annual income or growth to family-selected charities.
Your family foundation account becomes the vehicle through which
annual charitable contributions are made, instead of using cash
flow. You and your family now have “charitable ownership”
that
will benefit philanthropy in perpetuity without reducing
current cash flow. Charitable
ownership gives you a great amount of donor direction.
Charitable Remainder Trust (CRT)
Please see
CRT Advantage™
Component Fund
A fund that is part of the exempt assets of The American
Foundation™.
Contribution
Assets given to a family foundation or other charitable gift plan.
The CRT Advantage™
An irrevocable charitable
trust set up at The American
Foundation™ by taxpayers who have appreciated assets (real
estate, stocks, mutual funds, etc.) and want to sell those assets
without incurring capital gains tax at the time of the sale.
This
allows the full value of the assets (not 85% - due to capital
gains tax) to be invested, which results in the generation of the
maximum amount of income from the sale of these assets.
The CRT Advantage has
two options to pay income to one
or more income beneficiaries (usually donor or donor and
spouse): there can be a lifetime income stream, or the income
stream can be received for a period of years (not to exceed
twenty years).
This income stream is based on a fixed percentage (which
cannot be less than 5%) of the net fair market value of the trust
assets. The trust payout percentage (for example, 8%) is
determined when the trust is created and remains constant for
the entire term of the trust. The unitrust assets are revalued
annually. Therefore if the value of the trust increases or
decreases, the income stream would also increase or
decrease since it is based on a fixed percentage payout.
The CRT Advantage is a
form of a charitable remainder
trust (CRT).
However in a traditional CRT when
the donor(s)
are deceased, the “remainder interest” has to be distributed
to a charity or charities and that terminates the CRT and
any
more income to charities. With the CRT Advantage the
“remainder interest” flows into your family foundation account to
create a perpetual charitable legacy for your family. This
perpetual charitable legacy allows your heirs to continue to
support the charities of your choice for many generations to
come.
CRT Advantage™ Annuity Trust
A trust which is set up to pay a return based on a fixed annual
percentage (which cannot be less than 5%) of the net fair market value of
the assets initially placed in the trust. The trust assets are valued at
the time the property is placed in trust. The trust assets are never
revalued. The same dollar amount will be paid to the income
beneficiary or beneficiaries for the rest of their lives. No
additional assets can be placed in the trust after the initial funding of
the trust.
Donor
An individual who has established a family foundation account, CRT
Advantage™ or other charitable gift plan.
Family Foundation
An ongoing charitable account created to
provide permanent support for charitable activities. Assets donated to a
family foundation account are invested and a portion of the annual investment
income or growth is distributed to family selected charities. An
individual family foundation account at The American Foundation™ is a component
of The American Foundation™.
Family Foundation Specialist™
(FFS) -
A
designation used by The American Foundation.
This designation is awarded to employees and financial advisors who have
successfully completed a course of intensive training conducted at
The American Foundation Home Office in Phoenix, AZ.
This course is comprehensive in nature and covers estate planning, tax
issues, charitable planning, family foundation planning, and
specifically how CRT's and family foundations established with The
American Foundation are structured to maximize
philanthropy. The American Foundation has a unique approach to creating
philanthropy and the FFS designation shows a mastery of this approach.
Family Foundation Advantage™
1) Our family foundation public charity format has a tax advantage over
private foundations. 2) Principal is preserved so philanthropy
benefits in perpetuity which is an advantage over many charities and
foundations. 3) All administration and tax reporting is done for
you. 4) Our minimum amount to fund a family foundation account is only
$5,000, an amount substantially lower than most other
foundations. We wish to encourage philanthropy by making it
affordable for everyone.
Gift Annuity
Cash or appreciated securities
which are transferred to a family foundation account in return for a specified
income stream for life, or a term of years, at a guaranteed rate,
unaffected by stock fluctuations. Part of the income is tax-free (return
of principal).
Grant
Charitable donation of funds made to public charities from family
foundation accounts and charitable lead trusts.
Income Beneficiary
The recipient of income from a charitable trust.
Investment Advantage™
A unique investment strategy.
This strategy provides a distinct advantage to investors with a focus on
short-term high yielding, first position deeds of trust.
Irrevocable Life Insurance Trust (ILIT)
Please see “Wealth Enhancement Trust”
Philanthropy
The effort to increase the well-being of humankind and life on the planet
by charitable donations.
Privatization of
Philanthropy™
Privatization of
Philanthropy™ means creating family foundation accounts where there
is ongoing donor (or donor family) involvement and direction over
charitable grant making. These individual, family, and corporate
foundations are created in the more advantageous public charity setting,
where individuals, family members, and corporate executives retain the
ongoing direction over charitable distributions.
Probate
The legal process of proving a will, appointing an executor, and settling
an estate. By custom it has come to be understood as the legal process
whereby a dead person’s estate is administered and distributed.
Protection
of Principal
The term "Protection of
Principal" is defined for the purposes of our programs as "our intention
is to distribute income only, and not principal". Preservation of
Principal does not mean we will never incur investment losses.
Public Charity
An organization described under IRC§501(c)(3), 509(a)(1) and clauses (i) to
(vi) of IRC§170(b)(1)(A) of the Internal Revenue Code of 1986. If an
organization is described in clauses (i) to (vi) of IRC §170(b)(1)(A) and
is also described in clause (iii), it shall be treated as a public
charity. Examples of public charities are churches, schools, boy
scouts, community chest, etc.
Remainder Interest
The amount remaining in a charitable trust when the donor(s) become
deceased. In a traditional Charitable Remainder Trust (CRT), the
“remainder interest” is distributed to a charity or charities and that
ends the income stream to charities. With the
CRT
Advantage the “reminder
interest” flows into the donor(s) Family Foundation account to create a
charitable family legacy that will benefit charities in perpetuity.
Retained Life Estate
A gift plan defined by the federal tax law allowing the donation of a
personal residence (to include a vacation home) or farm with the donor
retaining the right to life enjoyment. A life estate may be retained for
one or more lives or it may be retained for a term of years. All routine
expenses-maintenance fees, property taxes, repairs, etc. - are the
responsibility of the donor. The donor receives income tax benefits in
the year of the gift (the property is irrevocably deeded to the charity)
and estate tax benefits.
Support Organization
A foundation formed in support of a particular charity or cause. A
support organization is an entirely separate entity (that can be
established in affiliation with the American Foundation). It has its own
501(c)(3) tax status and its own participating members on the
board.
Successor Charitable Advisor
Person appointed to make distribution recommendation if donor(s) are no
longer willing or able to.
Tax-Preferred or Tax-Advantaged Income
Income which is tax exempt or eligible for greatly reduced or favorable
tax status. Income taxed less than "ordinary" income.
Testamentary Trust
A trust written into a will. It is set in motion by the court after the
will reaches a certain point of execution, and is used only after the
death of the person whose estate that it represents.
Trust
Any arrangement where property is to be held and administered by a
trustee for the benefit of those for whom the trust was created.
Depending on the type and how it is established, a trust may be revocable
(changeable) or irrevocable (not changeable.)
Trustee
The person or institution named by a person making the trust, or
appointed by the court, to carry out the terms of the trust. Assuming a
trust has been set up through a will, when the executor’s job is
finished, the trustee’s job begins.
Trustor
The individual who establishes the trust. Also referred to as the Grantor
and/or Settlor.
Wealth Enhancement
Trust™
An irrevocable trust that is funded with a life insurance policy usually
up to an amount equal to the value of the assets transferred to your
Family Foundation account or CRT Advantage trust. Because
the policy is owned by an irrevocable life insurance trust (ILIT), it is
not included in the estate for estate tax purposes. Also under
current tax law, life insurance proceeds are not subject to income
tax. Therefore, by establishing a Wealth Enhancement Trust heirs will
receive the equivalent value of the assets transferred to your Foundation
account or CRT Advantage trust
- both income tax and estate tax free. This is a very important
part of the family foundation planning process. Other names used
for the Wealth Enhancement Trust are “Asset Replacement Trust” and “Wealth
Replacement Trust”.
Will
The legal expression or declaration of a person’s mind or wishes as to
the disposition of the person’s property, to be performed or take effect
after the person’s death.
Creating new and more effective philanthropy since 1982.
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