The Tax Relief and Health Care Act of 2006, signed into law on December 20, 2006, includes a provision that will be welcome news to most trustees of charitable remainder trusts. Beginning in 2007, charitable remainder trusts that have unrelated business taxable income will no longer lose their tax-exempt status for the year; rather, an excise tax will be imposed in the amount of unrelated business taxable income itself. While this will be welcome news to most trustees, the new law also creates a trap that is potentially more confiscatory.
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