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How To Use Charitable Gift Annuities

By: J. R. Randolph A Charitable Gift Annuity is a contract where an individual (called a donor) gives an irrevocable gift of value (cash or other asset) to a qualified charity and in return receives a charitable tax deduction. For this gift, the charity agrees to make a payment of a fixed amount of money to the donor(s) for the remainder of their lifetime. These annuity payments are not considered "income" and a portion of each payment is considered to be a partial tax-free return of the donor's gift, which is spread over the donor's lifetime. The gift becomes a part of the charity's assets and the payments are a general obligation of the charity. The annuity is not just backed by the value of the contribution, but is backed by the charity's entire asset base. When the donation is in the form of securities, the value is determined by the fair market value on the date of the gift.

Charitable gift annuities are regulated by most states. They require a published gift annuity rate chart of the maximum annuity rate the charity offers each annuitant which must show the age to the nearest birthday (actuarial age) on the date of the gift. Charities are allowed to spend a portion of the gift immediately, but they must maintain sufficient reserves, which are determined by state regulations, and satisfy all other state regulatory requirements.

Charitable Gift Annuity - Agreements Several types of charitable gift annuities are available, but not all states allow the use of each type. Most times the state requires the charity to submit each different type of agreement it prefers to offer for approval. A few of the types of gift annuities are:

Immediate Gift Annuities These annuities begin making periodic annuity payments at the end of the period (monthly, quarterly, annually, etc.) immediately following the contribution. The payment periods are defined in the agreement.

Deferred Gift Annuities Where the annuity payments at a future date chosen by the donor. Deferred annuities payments must be more than one year after the date of the contribution.

Tuition Gift Annuities Usually these types of annuities are created by a parent or grandparent for a young child and the payments are deferred until the child is expected to enter college. The annuitant(s) then has the option of receiving annuity payments for his or her lifetime, or receive much larger payments for a term of four or five years, as defined in the agreement.

Flexible Gift Annuities The annuity payment starting date is chosen by the annuitant(s). The donor would choose an initial "target date" for the payments to start. The charity would then offer a range of payouts with differing fixed payment amounts and differing starting dates. Since the charitable deduction remains fixed, the annuity rate for each starting date would have to change. The payments would be lower if the starting date was earlier and higher if the starting date was later. Each annuitant would have to determine on an annual basis whether or not they wish the annuity payments to start that year.

Versions of Agreements Generally, there are three versions of each type of agreement, they are:

"single life" agreement - annuity payments for the annuitant's lifetime,

"two lives in succession" agreement - annuity payments for the annuitant's lifetime and then the same payment to a second person if he or she survives the annuitant, and "joint and survivor" agreement - annuity payments to a wife and a husband simultaneously, each getting half of the payment, and upon the death of one of the annuitants, pay the survivor the full annuity.

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