Treasury Regulations (26 C.F.R.)
26 CFR § 26.2642-3
Special rule for charitable lead annuity trusts.
# (a) In general.
In determining the applicable fraction with respect to a charitable lead annuity trust—
(1) The numerator is the adjusted generation-skipping transfer tax exemption (adjusted GST exemption); and
(2) The denominator is the value of all property in the trust immediately after the termination of the charitable lead annuity.
# (b) Adjusted GST exemption defined.
The adjusted GST exemption is the amount of GST exemption allocated to the trust increased by an amount equal to the interest that would accrue if an amount equal to the allocated GST exemption were invested at the rate used to determine the amount of the estate or gift tax charitable deduction, compounded annually, for the actual period of the charitable lead annuity. If a late allocation is made to a charitable lead annuity trust, the adjusted GST exemption is the amount of GST exemption allocated to the trust increased by the interest that would accrue if invested at such rate for the period beginning on the date of the late allocation and extending for the balance of the actual period of the charitable lead annuity. The amount of GST exemption allocated to a charitable lead annuity trust is not reduced even though it is ultimately determined that the allocation of a lesser amount of GST exemption would have resulted in an inclusion ratio of zero. For purposes of chapter 13, a charitable lead annuity trust is any trust providing an interest in the form of a guaranteed annuity described in § 25.2522(c)-3(c)(2)(vi) of this chapter for which the transferor is allowed a charitable deduction for Federal estate or gift tax purposes.
# (c) Example.
The following example illustrates the provisions of this section:
Example.
T creates a charitable lead annuity trust for a 10-year term with the remainder payable to T's grandchild. T timely allocates an amount of GST exemption to the trust which T expects will ultimately result in a zero inclusion ratio. However, at the end of the charitable lead interest, because the property has not appreciated to the extent T anticipated, the numerator of the applicable fraction is greater than the denominator. The inclusion ratio for the trust is zero. No portion of the GST exemption allocated to the trust is restored to T or to T's estate.
Source: view the official text
In this part (37 sections)
- 26.2600-1 · Table of contents.
- 26.2601-1 · Effective dates.
- 26.2611-1 · Generation-skipping transfer defined.
- 26.2612-1 · Definitions.
- 26.2613-1 · Skip person.
- 26.2632-1 · Allocation of GST exemption.
- 26.2641-1 · Applicable rate of tax.
- 26.2642-1 · Inclusion ratio.
- 26.2642-2 · Valuation.
- 26.2642-3 · Special rule for charitable lead annuity trusts.
- 26.2642-4 · Redetermination of applicable fraction.
- 26.2642-5 · Finality of inclusion ratio.
- 26.2642-6 · Qualified severance.
- 26.2642-7 · Relief under section 2642(g)(1).
- 26.2651-1 · Generation assignment.
- 26.2651-2 · Individual assigned to more than 1 generation.
- 26.2651-3 · Effective dates.
- 26.2652-1 · Transferor defined; other definitions.
- 26.2652-2 · Special election for qualified terminable interest property.
- 26.2653-1 · Taxation of multiple skips.
- 26.2654-1 · Certain trusts treated as separate trusts.
- 26.2662-1 · Generation-skipping transfer tax return requirements.
- 26.2663-1 · Recapture tax under section 2032A.
- 26.2663-2 · Application of chapter 13 to transfers by nonresidents not…
- 26.6011-4 · Requirement of statement disclosing participation in…
- 26.6060-1 · Reporting requirements for tax return preparers.
- 26.6081-1 · Automatic extension of time for filing generation-skipping…
- 26.6107-1 · Tax return preparer must furnish copy of return to taxpayer…
- 26.6109-1 · Tax return preparers furnishing identifying numbers for…
- 26.6694-1 · Section 6694 penalties applicable to tax return preparer.
- 26.6694-2 · Penalties for understatement due to an unreasonable…
- 26.6694-3 · Penalty for understatement due to willful, reckless, or…
- 26.6694-4 · Extension of period of collection when preparer pays 15…
- 26.6695-1 · Other assessable penalties with respect to the preparation…
- 26.6696-1 · Claims for credit or refund by tax return preparers.
- 26.7701-1 · Tax return preparer.
- 26.7701-2 · Definitions; spouse, husband and wife, husband, wife,…