The ‘Zero-Out’ CLAT Strategy: Wiping Out a Huge Tax Bill While Keeping Your Principal
The ‘Zero-Out’ CLAT Strategy: Wiping Out a Huge Tax Bill While Keeping Your Principal
COACHING POINTS
- The Scenario: You had a windfall year (e.g., $1M bonus, crypto exit) and face a 37% tax bracket. You want to donate to charity, but you don’t want to lose your capital forever.
- The Strategy: A Grantor CLAT (Charitable Lead Annuity Trust) creates a massive upfront tax deduction (up to 100% of the contribution) that offsets your income spike. The trust pays charity over time, then returns the remaining assets to you.
- The Arbitrage: If the trust’s investment returns exceed the IRS “Hurdle Rate” (Section 7520 Rate), the excess growth returns to your pocket tax-free. It’s a “Heads I Win, Tails Charity Wins” structure.
Most people think giving to charity means the money is gone. With a CLAT, that is false. A CLAT is effectively a loan to a charity that pays you back in tax savings. By “Zeroing Out” the trust (setting the charitable payments to equal the initial gift + IRS interest), you get a tax deduction equal to your entire contribution today, yet you retain the right to the investment upside.
Success depends on beating the IRS Section 7520 Rate (e.g., 5.0%).
- Contribution: $1,000,000. Authority: IRS Reg 1.170A
- Term: 20 Years.
- Charity Gets: Fixed annuity payments (e.g., $80k/yr).
- You Get: Any asset value remaining in the trust after 20 years.
- The Bet: If portfolio grows at 8% and IRS rate is 5%, the 3% spread compounds for 20 years and comes back to you.
What-If Scenario: $1M Income Offset (40% Tax Rate)
Assumptions: $1M Contribution, 8% Returns, 5% IRS Rate, 20-Year Term.
| Action | Year 1 Tax Savings | Value Returned to You (Yr 20) | Total Benefit |
|---|---|---|---|
| Pay Tax (No CLAT) | $0 | $600k (Invested after tax) -> ~$2.8M | ~$2.8M |
| Zero-Out CLAT | $400,000 | ~$1,500,000 (Principal Recovery) | ~$3.2M + Charity gets $1.6M |
Visualizing the Principal Recovery
*Figure 1: Trust Value over Time. The Green area is the amount returning to the Donor after satisfying the charitable obligation.*
Execution Protocol
To get the deduction now, the trust must be a “Grantor Trust.” This means you pay income tax on the trust’s earnings during the 20 years. (Strategy: Use municipal bonds or growth stocks to minimize this ongoing tax).
Structure the payments to charity to start low and increase annually (e.g., +20% per year). This keeps more money in the trust longer to compound, increasing the final payout to you. Authority: IRS Rev. Proc. 2007-45
Do not fund with private stock or real estate unless necessary (valuation issues). Liquid assets work best to meet the annual payout requirement without liquidity stress.
COACHING DIRECTIVE
- Do This: If you have a massive one-time income event (e.g., $500k+) and want to erase the tax bill while keeping the option to get the money back later.
- Avoid This: If you need the money within 10 years. The CLAT is a long-term lockbox. Also avoid if you think market returns will be lower than the current IRS 7520 rate.
Frequently Asked Questions
What is a Grantor CLAT?
It is an irrevocable trust where you donate assets to fund annual payments to a charity for a fixed term. Because it is a ‘Grantor’ trust, you get an immediate income tax deduction for the present value of all future charitable payments.
How does the ‘Zero-Out’ math work?
By precisely calculating the annual payments based on the IRS Section 7520 rate, you can make the ‘Present Value’ of the charitable gift equal to 100% of the initial contribution. This creates a tax deduction equal to the full amount you put in.
What is the catch?
You must pay income tax on the trust’s earnings during the term. Also, the charity *must* get paid first. If the investments perform poorly, the charity gets everything and you get back nothing.