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Protecting Your FOREX Assets Through Charitable Remainder Unitrusts (CRUTs): A Guide

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Nina McPherson
Protecting Your FOREX Assets Through Charitable Remainder Unitrusts (CRUTs): A Guide

In this age of uncertainty, it’s always a wise decision to protect your financial legacy. Yet, whether you’ve placed your bet on stocks, bonds, or whatever investment vehicle you’ve chosen, there’s always a corresponding amount of risk involved. Foreign Exchange or FOREX assets are no exception. Therefore, it would be a smart move to learn how to best preserve your FOREX trading investments. This article will explore how Charitable Remainder Unitrusts or CRUTs can help secure your and your family’s interests.


But first, what are FOREX assets?


FOREX assets are investments you may own in foreign currencies, foreign securities, or foreign funds, such as Currency Exchange Traded Funds (ETFs) and Forex Contracts for Difference (CFDs). Because they derive their values from FOREX rates, FOREX assets can be riskier than local currency financial instruments. 


Why do you need to shield FOREX assets? 


Investing in foreign exchange is very popular. In fact, FOREX is the largest marketplace globally, with over $5 trillion worth of trading happening daily. It’s attractive to many because the margin requirements (initial investments) are low. However, FOREX assets are also highly volatile. While much can be made in just a single day, much can be lost as well. Many factors dramatically influence currency valuations from moment to moment, such as speculative activities, domestic economic and political conditions, and central bank interventions. Although there’s no way to guarantee FOREX investments, there are ways to effectively mitigate the risks, such as CRUTs.


What is a CRUT?


It is commonplace for beneficiaries to come into shock after finding out that the sizeable inheritance they expected was significantly reduced after settling all the necessary taxes and other financial obligations attached to the estate. One way to protect your heirs is by leveraging on CRUTs. CRUT is one type of irrevocable charitable trust that you can set up to lawfully avoid paying excessive taxes on your assets. 


There are several types of charitable trusts. The principal ones are Charitable Lead Trust (CLT) and Charitable Remainder Trust (CRT). These estate planning tools differ on who the initial payee is (whether the charity or the noncharitable beneficiary) and what kind of set income has been arranged (either a fixed dollar amount or a fixed percentage). 


CLT is further classified into Charitable Lead Annuity Trust (CLAT) and Charitable Lead Unitrust CLUT (CLUT). On the other hand, CRT is split into Charitable Remainder Annuity Trust (CRAT) and CRUT, which is what we will talk about.


A CRUT is a CRT that you can set up for your heirs or trustees so that they can enjoy a flexible income plan from their inheritance (be it a gift of cash or property) and benefit from substantial tax benefits early on. The trustee can also be the donor themselves if they so choose.


For the duration of the trust’s term, the noncharitable beneficiaries (usually descendants or relatives of the donor, but may also refer to themselves) receive payouts computed using a fixed percentage, at least 5% but not more than 50% of the fair market value of the trust’s assets. The payout can be made annually, semi-annually, quarterly, or monthly. At the end of the trust’s term or upon the death of the noncharitable beneficiaries, the remaining income is paid out to charitable beneficiaries.  


How can CRUTs protect your FOREX assets? 


CRUTS are designed to encourage individuals to commit to charitable donations by way of substantial tax incentives, such as tax deferral and income smoothing (which help lower taxes by balancing out fluctuations in your net income from different reporting periods).


Tax incentives from CRUTs also include tax savings in the form of an immediate income tax deduction based on the current value of your future gift to your charitable beneficiary. 


Another tax benefit of having a CRUT is that the noncharitable beneficiary (yourself or your trustee) can choose to sell assets from your trust, such as your FOREX assets, without paying capital gains taxes on the income made from the sale. For instance, should your FOREX assets highly appreciate after some time, and you decide to sell, you will be subject to paying a higher income tax based on your higher tax bracket. Let’s say that your FOREX asset sale got you into the 24% federal income tax bracket. This would mean a long-term capital gains tax of 15%. However, if these assets form part of your CRUT, you don’t have to pay the capital gains tax, you still receive your annual income stream of 5% at the minimum, plus you also get to enjoy income deductions. 


The Takeaway 


CRUTs can provide a safe haven for your FOREX assets and your or your trustees’ interests, as well as allow you to uplift society by making a philanthropic contribution to charitable institutions. If you’re interested in setting up a CRUT, get in touch with a reputable lawyer on estate planning. Creating a CRUT may be one of the best financial decisions you can make for yourself and your loved ones.


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Nina McPherson
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