Making Capital Gains Tax “Optional”Leveraging Your Client’s Philanthropic Impact Through Asset-Based Charitable Gifting Strategies

Sioux Falls Estate Planning CouncilNovember 12, 2015

Presented by

Michael J. Occhipinti, MBTGift Planning Advisor/Western US

Wycliffe Foundation

What we will cover… How you can …

Make capital gains taxes optional

Multiply the impact of your giving through appreciated assets

Transfer tax dollars to charitable dollars to increase your philanthropic impact

Leave a significant legacy

Review and learn from case studies of others who have used tax-wise gifting strategies.

Taxes, Taxes, Taxes !!! Income Taxes

Federal: 0% to 39.6% State: 0% to 13.3%

Federal Capital Gain Tax: 15% to 20%

State Capital Gain Tax: 0% to 13.3% National average is 5%

ACA (aka “Obamacare”) Tax: 3.8%

“Anyone may arrange his affairs so that his taxes shall be as low as possible; he is not bound to choose that pattern which best pays the treasury. There is not even a patriotic duty to increase one's taxes. Over and over again the Courts have said that there is nothing sinister in so arranging affairs as to keep taxes as low as possible. Everyone does it, rich and poor alike and all do right, for nobody owes any public duty to pay more than the law demands. To demand more in the name of morals is mere cant.”

--Judge Learned Hand

Capital Gains Tax is “Optional”

• Pay the tax

• Defer the tax

• Avoid the tax

• Death

• Charitable Gifting

Baseline Case Study:

Outright Gift of Asset-“Quintuple Tax Savings”The tax savings from a gift of an appreciated asset can be significant when compared to a cash contribution… and maybe preferable to cash gift.

Nick and Rachel own an appreciated asset worth $10,000 with a tax basis of $4,000. They are in a combined 40% federal and state income tax bracket.

If they were to make a cash gift of $10,000, they would save approximately $4,000 in taxes...

If they instead gifted the appreciated asset, they would generate an income tax deduction of $10,000 and then some…their net tax results will be significantly higher.

Let’s see how…

Appreciated Asset Gift $ 10,000 Ordinary Federal Income Taxes Saved (35%) $ 3,500Ordinary State Income Taxes Saved (5%) $ 500 Capital Gain Tax Saved (20%) $ 1,200 Obama care Tax Saved (3.8%) $ 228 State Capital Gain Saved (5%) $ 300Total Tax Savings $ 5,728

Cash Gift Tax Savings: $ 4,000

Difference $ 1,728 … 43% increase!

Case Study:

Outright Gift of Asset-“Quintuple Tax Savings”

Joe and Dawn Green

Worked in real estate and acquired several rental properties over the years

Would like to donate one of the properties to support their church and two of their favorite charities

Selling the property would trigger a 30% capital gains tax.

What can they do?....

Case Study:

Donor Advised Fund

Solution

Established the “Green Family Fund” using a DAF, and contributed the property to the fund.

This gave them an income tax deduction for the appraised market value and bypassed federal and state capital gains taxes.

Once the property was sold, they were able to make grants from their DAF to their church and other charities.

Case Study:

Donor Advised Fund

Green

Donor Advised Fund

2

3

4

1

1. Open account

2. Gift cash or assets

3. Receive tax deduction

4. Grant gifts

How does a Donor Advised Fund Work?

“Charitable Checkbook”

Case Study:

Zero-Tax Gift and SaleKirk and Cindy own an income property they purchased many years ago. It has appreciated substantially and is now worth $500,000. Their tax basis after cost + improvements – depreciation in $100,000. They are tired of being landlords and have had several offer to purchase the property; however, they are balking at the high “price tag” of the capital gains taxes…in their case $100,000!

They know they cannot keep all of the sales proceeds and would like to find a way to both receive some cash from the sale and make a gift to the Lord’s work.

Outright Sale:

Fair Market Value $500,000

Cost (tax) Basis $100,000

Capital Gains $400,000

Tax at 25% $100,000

Net to Kirk and Cindy $400,000

Net to Charity $ 0

Loss of capital !!!

Case Study:

Zero-Tax Gift and Sale

SalePortion$311,000

GiftPortion$189,000

Capital Gains Tax@ 25%$62,000

Income Tax Savings @ 33%$62,000

Zero-Tax Solution: Keep a portion, gift a portion…

Case Study:

Zero-Tax Gift and Sale

To DAF for charities

SalePortion$311,000

GiftPortion$189,000

Capital Gains Tax@ 25%$62,000

Income tax savings offset

capital gain taxes

Income Tax Savings @ 33%$62,000

Case Study:

Zero-Tax Gift and Sale

Wash

Case Study:

Charitable Remainder Trust

• Robert and Mary, ages 68 and 65, are unhappy with the net return they receive from a highly-appreciated but under-productive asset. They are concerned about their current and future financial security/income.

• The property has an appraised fair market value of $500,000; a tax basis of $100,000; and a net annual income of $10,000 (2%). They are in a 32% combined federal and state marginal income tax bracket and 22% capital gain bracket.

• They are considering selling the asset but there is an obstacle: the tax on the long-tern capital gains due to market appreciation will result in a tax of approximately $88,000.

Planning Dilemma: How can they convert this asset into income, without triggering the capital gains tax ($88,000)?

Let’s look at their options…

6% CharitableRemainder

Trust

6% CharitableRemainder

Trust

Results:• 200% increase in income from

$10,000 to $30,000• Avoid capital gain taxes of

$88,000• Entitled to a $154,000 charitable

income tax deduction• Created a future endowment for

their favorite charities--Enables them to be voluntary philanthropists through their giving vs. an involuntary philanthropists through taxation.

• Gift of Asset

Income for Life

Tax Deductions & Saving• Income • Capital Gain

Remainder to Charity at death of Survivor

Case Study:

Charitable Remainder Trust

Comparison

Utilizing the Charitable Remainder Trust:

1. Fair Market Value $ 500,0002. Tax Basis <$ 100,000>3. LTCG $ 400,0004. Capital Gain Tax (22%) <$ 0 >5. Net Cash Proceeds $ 500,000

6. Reinvest Cash/Capital @ 6% $ 30,0007. Increase/(decrease) over previous income +$ 20,000

8. Income Tax Savings $154,000 @32% $ 49,000

Utilizing Sale:

1. Fair Market Value $ 500,0002. Tax Basis <$ 100,000>3. LTCG $ 400,0004. Capital Gain Tax (22%) <$ 88,000>5. Net Cash Proceeds [1-2-5] $ 412,000

6. Reinvest Cash/Capital @ 6% $ 24,7007. Increase/(decrease) over

previous income +$ 14,700

8. Income Tax Savings $ 0

Case Study:

Blended Gift: Sale/DAF/CRTRoger and Josette live in Canada. He is Canadian, she is American. They owned a highly appreciated asset gifted to them by her parents.Appraised market value is $611,000 and tax basis is $24,000. Their goals are to: Sale the asset without payout capital gains taxes to

both the US and Canada Receive lifetime income Make charitable gifts to several charities Leave something for their children

Farmland$611,000

Charitable Remainder Trust

$275,400

Wycliffe Foundation DAF

$134,600

Keep and Sell$201,000

Inheritance to Children

Lifetime Income

Remainder

Charity

Case Study:

Blended Gift: Sale/DAF/CRT

Case Study:

Charitable Giving Trust This strategy allows owners of a closely-held business to accomplish their charitable giving goals from their business through the donating of a non-voting interests of their business into a specially designed charitable trust.

1. Due diligence prior to implementing strategy.

SpecialCharitable

Trust

2. Donate minority non-voting interest to Charitable Trust.

3. Receive income tax deduction based on appraised fair market value

5. Recommend grants from giving fund to your favorite charities

Family Giving Fund(donor

advised fund)

Family Giving Fund(donor

advised fund)

4. Net income from minority interest’s pro-rata share of dividends and profits flow to family giving fund.

Before Charitable

Trust PlanAfter Charitable

Trust Plan Change

Giving $ 100,000 $ 400,000 + $300,000

Taxes $ 360,000 $ 240,000 - $120,000

Living expenses $ 240,000 $ 240,000 No change

Net Extra Cash for reinvesting in business, investments, gifting,

etc.$ 400,000 $ 520,000 + $120,000

Case Study: John and Mary own a business (S-Corp) with a $10 million value. Their adjusted gross income (AGI) is $1 million from which they give $100,000. Observe the powerful impact they could have through their giving if they were to gift a 4% non-voting interest of business with an appraised value of $300,000 into a specially designed charitable trust.

The benefits to a business owner utilizing this strategy include the following:

Receive an immediate income tax deduction based upon the appraised value of the interest

Reduce current income tax liability Increase cash flow immediately Maintain control over their business Net income is available for distribution and investment in charitable work by directing

grants to their favorite charities No effect on lifestyle needs Avoid capital gains on shares gifted and when business is sold Reduce future estate taxes

Case StudyCharitable Planning Prior to Sale of Business – Tax-Free SaleGifting a portion of the shares of a business into a charitable trust or donor advised fund prior to a binding agreement to sell the

business will allow the business owner to avoid the capital gains and transfer tax dollars into charitable dollars .

Donor Advised Fundor Special Charitable

Trust

2. Donate portion of non- voting shares

3. Receive income tax deduction 5. Donor makes

grants from giving fund to favorite charities.

 

4. Donor and trust or DAF sells interests to buyer 4. Cash to trust

or DAF

4. Cash to donor

1. Due diligence prior to implementing strategy.

Charities

Sale, No Gift Gift, Then Sale

Business Value $10,000,000 $10,000,000

Sale Portion $10,000,000 $ 6,557,000

Gift Portion $ 0 $ 3,443,000

Allocated Basis $ 9,000,000 $ 656,000

Net Gain $ 9,000,000 $ 5,902,000

Tax on Gain $ 2,520,000 $ 1,240,000

Taxes Saved $ 0 $ 1,240,000

Net Tax $ 2,520,000 $ 0

Net to Donor $ 7,480,000 $ 6,557,000

Net Charity $ 0 $ 3,433,000

Net to Donor & Charity $ 7,480,000 $10,000,000

Case Study:A business has fair market value of $10,000,000 and cost basis of $1,000,000. The owner is in a combined federal and state income tax bracket of 48% and capital gain bracket of 28%.

An outright sale will result in a capital gains tax of $2.5 million…a 25% loss of capital to taxes.

If prior to the sale the owner were to gift $3.4 million in shares to a charitable trust or donor advised fund, the resulting income tax deduction and savings would offset the capital gains on the $6.6 million of shares retained and sold by the owner.

The results and benefits to a business owner using this strategy are as follows:

Receive an immediate charitable income tax deduction for appraised value of interest donated

Avoid capital gains taxes on the shares donated into the CT or DAF

Use the income tax savings generated by the charitable tax deduction to off-set capital gain

taxes on the shares still held and sold by the business owner

Receive “tax-free” proceeds from sale of business

Turn tax dollars into charitable dollars

Invest in the work of philanthropy by directing grants to his or her favorite charities

“To give away money is an easy matter and in any man’s power, but to decide to whom to give it and how large and when, and for what purpose and how, is neither in every man’s power nor an easy matter. Hence, it is that such excellence is rare, praiseworthy and noble.”

-- Aristotle

Questions?

Combined over 50 years of charitable gift and estate planning experience.

Available resource with regard to charitable gifting strategies.

No cost, no pressure, no hidden agenda, and there is never any cost or obligation to give.

We understand donors have multiple charitable interests. Our job is to help you show them best way to give...not to direct them to where they give.

All client information is kept confidential

We can interact with clients as directed by you

Website resources

Clients will reap the benefits of wise stewardship.

How Can We Help You?

Michael J. Occhipinti, MBTGift Planning Advisor/Western USPhone: (800) 681-5103michael_occhipinti@wycliffe.orgwww.wycliffefoundation.org

Thank You…