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Nature & Nurture | Giving News

Low Interest Rates Got You Down? Turn Lemons into Lemonade

by Philip H. Buchanan

Some of us have been a bit glum of late as we review our retirement or investment statements. Tax-free investment opportunities have been especially limited for several years. Despite this somewhat gloomy phase in the economic cycle, many Duke donors are seizing the opportunity to increase their income, reduce their taxes and leave a legacy for the Nicholas School.There are a few gift planning opportunities that are actually more attractive when interest rates are low.

  (1) If you have CDs or other fixed income investments that are paying a low rate of interest, you may want to consider a charitable gift annuity. This is simply a contract between a donor and Duke University under which the donor agrees to make a charitable gift in exchange for (a) a current tax deduction for part of the gift’s value and (b) a fixed payment for life. After the donor passes away, the remainder of the gift annuity will be used for purposes the donor has chosen at Duke University (e.g. scholarships for Nicholas School students). If you fund a gift annuity with cash, part of your payout will be tax-free for several years. If you fund a gift annuity with appreciated securities, you avoid tax on a substantial portion of the capital gains you have in the security. Duke’s minimum for gift annuities is $10,000 and there is no maximum. A gift annuity may also have its payout deferred for one or more years, in which case the donor receives a larger current income tax deduction and qualifies for a higher payout in the future (e.g. at the donor’s retirement).

  Example 1— John Hoge is an 82-yearold Duke graduate who decides to donate $200,000 in cash to Duke for a gift annuity. The cash had been in a money market account that was paying 1 percent. At his age, Hoge can take an 8 percent ($16,000/year) guaranteed payout, of which $11,184 is taxfree for the next 8.3 years (the full payment is taxed thereafter). He also will receive an income tax deduction of $110,460 that he can spread over as many as six years. The gift annuity remainder will go to the John Hoge Scholarship for the Nicholas School.

  Example 2—Dan Barksdale is a 45-yearold doctor who loves the Ocean Science Teaching Center. Barksdale wants to retire in 15 years and wants to reduce his current income tax liability. He decides to donate $300,000 of appreciated stock to Duke in exchange for a deferred gift annuity that will begin paying him $30,000/ year for life, beginning when he retires. By deferring his payout, he also qualifies for a current tax deduction of $168,249. Unlike his other retirement accounts, there is no dollar limit on the amount Barksdale can contribute to a deferred gift annuity. He directs his gift remainder to the Dr. Daniel Barksdale Endowment for the OSTC.

  (2) Low interest rates also favor gifts of retained life estates in homes or farms. A donor keeps the right to use and enjoy the real estate during his or her lifetime, but irrevocably donates the property to Duke at his or her death. In return, the donor receives a current income tax deduction. The benefit of low interest rates is that the donor’s lifetime interest is considered less valuable, which means that the charitable interest left to Duke has a higher value. Given current high real estate values, this type of gift can produce higher income tax deductions while allowing the donor to continue using the property for the rest of his or her life.

Example 3—Howard Turnberry is 70 years old and owns a farm he inherited when his father died in 1981. Turnberry rents the land to a local farmer and enjoys occasional hunting visits, which he would like to continue during his lifetime. He creates a deed giving himself lifetime ownership of the property, with Duke as the beneficiary at his death. If the land is valued at $200,000, Turnberry will receive an immediate tax deduction of $102,068. He directs his gift to the Turnberry Family Scholarship.

  (3) Donors who face the possibility of significant estate taxes (as high as 48 percent in 2004) may want to consider a charitable lead trust. One type of charitable lead trust can provide a payout to Duke for a number of years, after which the trust assets are turned over to children or other heirs. A lead trust also can reduce or eliminate (“zero out”) the gift or estate taxes which would otherwise apply to a gift of these assets to the donor’s loved ones. The lower the applicable interest rate, the lower the required payout to Duke necessary to eliminate taxes, and the more left over for the donor’s heirs.

Example 4—Walter Singh is a successful businessman who would like to provide a future gift for his grandchildren, currently 3 and 5 years of age. He creates a charitable lead trust with $2,000,000 of stock that is down in value, but that he believes will recover in the near future. The lead trust will provide an annual payout to Duke of 6.5 percent for 30 years. The value of this gift to his grandchildren will be $8,640 and there will be no gift or estate taxes due. All trust growth over 6.5 percent will benefit his grandchildren. Singh directs his lead trust payments to the Dean’s Priority Fund for the Nicholas School.

If you have questions or would like to consider any “tax wise” charitable gift to support Duke University, please contact the Nicholas School’s Susan Berndt at 9119-6113-80119, susan.berndt@duke.edu, or Phil Buchanan in Duke’s Office of Gift Planning at 9119-6811-0467, phil.buchanan@duke.edu.

Phillip H. Buchanan, J.D., is director of gift planning at Duke University.

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