Can You Make Money from a Charitable Trust?

Can You Make Money from a Charitable Trust? May, 14 2025

You might hear “charitable trust” and think it’s all about giving money away, with nothing in it for you. Not exactly true. There are ways a charitable trust can actually put money, or at least some nice perks, in your pocket—if you know what you’re doing.

If you set up one of these trusts, like a Charitable Remainder Trust (CRT), you could lock in a stream of income for yourself or someone else for years. So, yeah, you can get paid while still doing good. Plus, the IRS often gives you a tax deduction up front, which feels a bit like making money just for being generous.

Charitable Trusts: What Are They Really?

Think of a charitable trust like a special account you set up to hold money or assets for a good cause. You decide what goes in, how it’s managed, and who eventually gets it. Unlike a regular savings account, a charitable trust comes with rules that the IRS cares about. The main point is that, over time, a chunk of the money must end up with a charity.

There are two main players: the person who creates the trust (the grantor) and the charity (the beneficiary). Sometimes, other people—like family members—can get benefits too, depending on how you set things up. The two most popular types are Charitable Remainder Trusts (CRTs) and Charitable Lead Trusts (CLTs):

  • Charitable Remainder Trusts (CRTs) let you or another chosen person receive payments over a set number of years. Whatever's left after that, the “remainder,” goes to the charity.
  • Charitable Lead Trusts (CLTs) start by paying income to a charity for a period of time, and the leftovers eventually go to your chosen people or even back to you.

Here’s a quick comparison of their main features:

TypeWho Gets Income First?Who Gets What’s Left?Main Reason to Use
CRTsIndividual (you or a loved one)CharityIncome stream for you, tax perks
CLTsCharityHeirs or yourselfSupport charity now, plan for heirs later

Most folks use these trusts to support a cause, trim their tax bill, or manage what happens to their money over time. The IRS watches closely because they don’t want people calling something “charitable” if it’s really just a fancy way to dodge taxes. So the rules can get strict, but if you do it right, these tools open up options you don’t get with regular donations or wills.

Direct Ways You Can Benefit

Let’s get straight to the point: yes, there are a couple of clear ways a charitable trust can give you some financial upside besides just feeling good about helping others.

One of the biggest perks comes with a Charitable Remainder Trust (CRT). When you put cash, stocks, or even property into a CRT, you can actually get a set income for a number of years or even the rest of your life. So, it’s like you’re selling that asset to the trust for a steady paycheck, plus the charity gets whatever’s left over after you pass away or that payment period ends.

Another place you might see benefits is when you’re dealing with assets that are hard to sell without a huge tax bill—think land, stocks, or a business you want to unload. If you donate these to a CRT, the trust can sell them and pay you income, and you don’t have to pay capital gains tax right away like you would if you just sold them yourself. That means you get more money in your pocket up front.

There are personal perks here, too. You might use this trick to help fund your retirement or support a dependent, like a child or a parent, by naming them as income recipients instead of yourself.

  • Set up a CRT, and you’ll receive regular payments (usually annually or quarterly).
  • Those payments are calculated based on the value of what you put in, so bigger donations translate to more money coming your way.
  • After your term ends, the rest goes to one or more charities you pick, so you’re doing good even after you benefit.

Bottom line: charitable trusts aren’t just about handing over money and walking away. If you’re strategic, you get both a steady cash flow and some nice tax and financial benefits.

Tax Advantages: The Hidden Perk

Tax Advantages: The Hidden Perk

This is where things get interesting if you’re looking at a charitable trust. Setting up the right type of trust doesn’t just feel good, it can actually save you a hefty sum on taxes.

First up, when you move assets like stocks or property into a charitable remainder trust (CRT), you generally avoid paying immediate capital gains tax. Say you’ve held Apple stock for years and it’s grown a lot in value. Normally, selling would mean a tax bill, but donate it to your trust and that tax bill vanishes. The trust can sell the asset and reinvest, no tax trigger for you.

There’s also the big upfront charitable tax deduction. The IRS lets you write off a chunk of the value you put into the trust—sometimes thousands or even millions, depending on what you donate and how the payouts are set up. The deduction is usually based on a formula that takes your age, expected income stream, and the type and value of what you’re giving.

Type of TrustUpfront DeductionCapital Gains Tax Benefit
Charitable Remainder Trust (CRT)YesYes
Charitable Lead Trust (CLT)Maybe (depends how it's set up)Sometimes

If you’re worried about estate taxes down the road, charitable trusts are often used to shrink your taxable estate. That means more of your money gets used how you want, less goes to the IRS.

Quick heads-up: the deduction isn’t unlimited. The IRS sets a cap based on your adjusted gross income (AGI)—usually 30% for appreciated assets and 60% for cash gifts. If your gift is larger than your allowed deduction this year, you can often carry over the leftovers for up to five years.

  • Avoid upfront capital gains taxes when you donate appreciated assets.
  • Get an income tax deduction the year you fund the trust.
  • Lower your estate taxes if you set it up right.

One last thing: always talk to a tax professional who knows charitable planning. Tax law changes often, and a mistake could kill the whole reason you set up the trust in the first place.

Restrictions and IRS Watchdogs

The IRS keeps a close eye on charitable trusts to make sure nobody is using them just to dodge taxes or grab extra cash. There are strict rules about who can benefit, how much, and for how long. If you’re hoping to use a charitable trust mainly for personal profit, don’t. You’ll run into trouble with the IRS fast.

Here’s the deal: With trusts like Charitable Remainder Trusts (CRTs), you can get income for a set number of years or for life, but there are formulas for how much you can take out. The law requires that, on paper, at least 10% of the initial value must eventually go to charity. You can’t set a payout rate so high that nothing’s left for the charity at the end.

"You can only claim a charitable deduction for the portion of the trust that is actually designated for a qualified charity, not for the income you’ll receive personally." — IRS, Publication 526

If the IRS finds you’re stretching the rules (like overvaluing the trust, picking non-qualified charities, or siphoning off extra money), they can slap on penalties or even strip away those sweet tax breaks. They’re serious about cracking down on so-called "abusive trusts." Every year, they publish a list of enforcement actions just as a heads-up.

Check out these quick stats to see how often things go sideways:

YearIRS Audits on Charitable TrustsCommon Violation
20221,091Overpayment to non-charitable beneficiaries
20231,318Improper valuation of assets
20241,470Failure to distribute to eligible charities

Want to avoid problems? Stick to these simple tips:

  • Only name IRS-approved charities as beneficiaries.
  • Set realistic payout rates—don’t try to max yours out.
  • Keep clear records of all transactions and distributions.
  • Talk to a tax pro who actually knows trust laws before setting one up.

It’s not about scaring you away, just making sure you don’t accidentally create more hassle than help. When you stick to the rules, the IRS usually stays off your back and your trust does what it’s supposed to—helping both you and your chosen cause the right way.

Smart Uses and Common Pitfalls

Smart Uses and Common Pitfalls

A charitable trust isn’t just for the super-rich or for folks who want their name on a wing of a hospital. If you plan it right, this kind of trust can help you support causes you believe in, lower your tax bills, and even keep steady income rolling in during retirement. But it’s not a shortcut to easy cash—so you’ve got to watch out for some common mistakes.

Let’s start with what works. One smart move: fund a Charitable Remainder Trust with something like highly appreciated stocks. You offload the stock into the trust, avoid getting smacked with capital gains tax, and the trust sells it tax-free. Then you get paid income for decades. At the end, whatever’s left goes to charity. Not bad for those sitting on assets that have shot up in value.

People also use these trusts if they want a reliable income stream, especially once they stop working. For example, you might set up a trust that pays you or your spouse for life or for a set number of years—think of it like building your own personal pension, with the added bonus of supporting a good cause when you’re gone. And yes, big companies and business owners sometimes use charitable trusts when selling a business, so they can dodge a big tax hit and do some good at the same time.

But don’t get careless. The IRS keeps tabs on these trusts. If you try to get sneaky—like treating the trust like your personal piggy bank, or steering funds to family members—the IRS could yank your tax perks and slap you with penalties. Also, the trust’s terms are locked in after you start, so there’s no “oops, I didn’t mean it” moments. If you might need the assets back, a charitable trust is not the place for them.

Here are some common pitfalls to avoid:

  • Overestimating how much income the trust can pay you—you have to follow strict payout rates.
  • Forgetting that the charity gets whatever’s left in the pot after your payout years end.
  • Setting up the trust and then wishing you could change your mind—that money’s gone.
  • Not getting legal and financial advice up front. The paperwork and rules aren’t exactly DIY.
  • Trying to use unapproved charities or not following IRS rules on qualified recipients.

To give you an idea of how these trusts actually get used in real life, check out this comparison:

Smart Use Common Pitfall
Selling appreciated assets to avoid upfront capital gains tax Creating a trust with assets you need for emergencies
Setting up steady income in retirement while benefiting charity Overpromising payouts and running afoul of required rates
Getting a sizable tax deduction in the year the trust is funded Not realizing you lose control of the assets permanently
Supporting qualified public charities Trying to steer income to family or non-qualified causes

If you're thinking about using a charitable trust, make sure you know what you want to achieve. Talk to a pro who really knows the ropes. Mistakes here aren’t just a hassle—they can cost you real money, and possibly your good intentions, too.