Oct 1, 2007 12:00 PM

Sample CLATs

Thanks to the Internal Revenue Service for its help to the estate-planning and charitable-giving community, by publishing sample charitable lead annuity trusts (CLATs). This is a welcome benefit for us, because unlike charitable remainder trusts (CRTs), there aren't regulations fleshing out the Internal Revenue Code provisions. In fact, lawyers who've drafted CLATs — and the lawyers at the IRS — often looked to the CRT regulations and the Service's sample CRT forms for guidance. The IRS' sample trusts, alternate provisions and annotations issued this June1 are a virtual course on CLATs for us to study. Bottom line: I have just a few criticisms, but have to applaud the IRS for doing an overall excellent job.

Four years ago, the IRS announced that it planned to publish sample charitable lead trusts (CLTs) and invited public comments. My firm was one of the few to take the IRS up on this invitation to submit suggestions for sample lead trusts and annotations. The Service adopted almost all of our suggestions.

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