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Estate Planning and Foreign Charitable Gifting: U.S. Tax Rules for Transfers and Gifts Directed to Foreign Charities

Income, Estate, and Gift Tax Deduction Rules; Domestic Charities Making Grants to Foreign Charities; Private Foundations Rules

A live 90-minute CLE/CPE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford CPE+ Pass. Click for more information.
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Tuesday, March 18, 2025

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, February 21, 2025

or call 1-800-926-7926
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This CLE webinar will provide trust and estates counsel guidance on applicable rules regarding income, estate, and gift tax deductions for trusts and estates when making grants or other transfers to foreign charities. The panel will discuss income tax deduction rules under Secs. 170 and 642(c), the application of income tax treaties, and estate and gift tax deduction rules under Secs. 2055 and 2522. The panel will also discuss rules applicable to domestic charities making grants to foreign charities and certain rules and exceptions for private foundations.

Description

Charitable giving can provide significant income and estate tax advantages while also satisfying charitable intent. However, obtaining deductions for charitable gifts or transfers to foreign charities involves complex tax rules for estate and tax planning purposes. To ensure these advantages for clients, tax counsel and advisers must have a complete understanding of the legal framework and tax rules applicable to charitable giving vehicles, reporting, and deductions.

For high net worth individuals, planned charitable giving to foreign charities can be a significant tax planning tool. Under current tax law, a number of planning and giving strategies are available such as the use of the bunching of deductions, qualified charitable distributions, non-cash gifting, donor-advised funds, private foundations, and other gifting methods for purposes of tax planning. However, the use of any technique, as applied to gifts and transfers to foreign charities, requires a complete understanding of all necessary items and potential challenges in implementing these strategies.

There are restrictions on income tax deductions for donations made to foreign charities. This panel will discuss structuring options to optimize charitable giving from a tax perspective.

In addition, attorneys must understand the estate and gift tax deduction rules under Secs. 2055 and 2522, the application of tax treaties, and other requirements to obtain tax deductions such as the governing document and gross income requirements, charitable purpose and eligible donee requirements, and other additional planning and reporting considerations.

Listen as our panel discusses income tax deduction rules under Secs. 170 and 642(c), the application of income tax treaties, and estate and gift tax deduction rules under Secs. 2055 and 2522. The panel will also discuss rules applicable to domestic charities making grants to foreign charities and certain rules and exceptions for private foundations.

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Outline

  1. Governing documents requirements
  2. Charitable deduction rules and requirements
  3. Reporting obligations and challenges
  4. Planning considerations

Benefits

The panel will discuss these and other key issues:

  • Charitable deduction rules and requirements as applied to gifts and transfers to foreign charities
  • Reporting of charitable deductions
  • Types of trusts eligible to make deductible donations
  • Specific provisions in trust documents that allow for deductible contributions
  • Differences between allowable individual and trust contributions

Faculty

Cheng, Helen
Helen S. Cheng
Partner
WithersWorldwide

Ms. Cheng is a partner in the private client and tax team. She is a trusts and estates attorney who...  |  Read More

Petraske, Alana
Alana Petraske
Partner
WithersWorldwide

Ms. Petraske is a partner in the charities team. She advises both charities and their donors on a wide...  |  Read More

Attend on March 18

Early Discount (through 02/21/25)

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Cannot Attend March 18?

Early Discount (through 02/21/25)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. CPE credit is not available on recordings. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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CLE On-Demand Video