MM Wealth
Confidential · Investor Advisory
March 2026
Prepared For: Investor Review
CRUT Strategy Brief · V1
MM Wealth Advisory

Maximizing Returns Through
Strategic Tax Optimization
via CRUT

Charitable Remainder Unitrust · Promissory Note Strategy · Wealth Preservation

$1.16M
Interest Income
~$450K
Tax Exposure
40.8%
Combined Rate
CRUT
The Solution
The Situation

A High-Earning Tax Problem

A promissory loan repayment generates $1,160,000 in interest income. Without a strategic structure, nearly half disappears to the IRS.

−$531K

Total estimated federal + state tax liability

💡 The goal: legally retain maximum wealth while leveraging this income event to create long-term compounding assets — using IRS-approved structures.
Tax Breakdown · 2026 Tax Year
Fed 37%
−$429,200
NIIT 3.8%
−$44,080
State ~5%
−$58,000
You Keep
$628,720
Total Tax Exposure (Fed + State)
−$531,280
$628,720
Without Strategy
$1,160,000
With CRUT Strategy
Strategy Evaluation

Why Simple Approaches Fall Short

💸
Do Nothing
Pay the full 40.8% combined federal rate. Lose $531K+ to taxes. Zero charitable benefit, no compounding structure, no legacy.
✕ $531K+ lost forever
🏦
Direct 501(c)(3) Donation
Donate $500K → saves ~$175K in taxes (35¢/dollar OBBBA 2026 cap). You still owe $275K in taxes and permanently lose the $500K donated.
~ Partial relief only
📊
Donor-Advised Fund (DAF)
Immediate deduction + tax-free compounding inside fund. Critical flaw: the money is irrevocably gone. No personal income stream whatsoever.
~ Tax break, no income
📝
Non-Recourse Charity Loan
Interest still taxable as ordinary income. IRS imputes interest on below-market loans. Default triggers capital gains. High complexity, minimal benefit.
~ Taxable risk, complex
🔄
Reinvesting Interest
IRS treats as two separate transactions. Full ordinary income tax applies year received, regardless of reinvestment. Zero tax deferral benefit.
~ No tax relief
⚖️
Charitable Remainder Unitrust (CRUT)
Immediate deduction + personal income stream + tax-free compounding + charitable legacy. The only structure achieving all three goals simultaneously.
✓ The Triple Win
CRUT
§664 Split-Interest
Upfront Tax Deduction (35%/dollar)
Personal Income Stream (≥5%/yr)
Charitable Remainder at Term End
Tax-Free Internal Growth Reserve
The Solution

Charitable Remainder
Unitrust (CRUT)

A CRUT is an irrevocable, tax-exempt "split-interest" trust under IRC §664. It splits your asset between two beneficiaries: you (income for life or term) and charity (the remainder).

1

Massive Upfront Tax Deduction

Immediate deduction based on present value of charity's future remainder — up to 35¢/dollar (2026 OBBBA), 60% AGI limit, 5-year carryforward.

2

Annual Income Stream for You

Receive ≥5% of trust's annual value as personal payout. As trust grows, your payout grows too — a self-increasing income engine.

3

Tax-Free Compounding

The CRUT is a tax-exempt entity. All interest, dividends, and gains compound at 100% — eliminating the 40.8% "tax drag" every single year.

Mechanics

How the CRUT Works — Step by Step

👤

Investor

Funds CRUT with promissory note or cash interest income

$1.16M
fund
transfer
⚖️

CRUT Trust

Tax-exempt entity. Invests & compounds 100% of earnings tax-free

IRC §664
≥5%
annual
💰

Investor Income

Annual payout ≥5% of trust value. Grows as trust value grows.

$58K → $93K
end of
term
🏛️

501(c)(3) Charity

Receives trust remainder. Also receives CRUT loan for mission capital.

Remainder
Year 0 → Immediate deduction: offsets $450K tax
Years 1–20 → 5%+ annual payout to investor
All years → 100% of growth reinvested tax-free
End of term → Charity receives remainder
Years 1–5 → Excess deductions carry forward
§7520 Rate March 2026 → 4.8% (favorable)
The Core Proposition

The Triple Win Strategy

One structure. Three simultaneous benefits. No trade-offs between tax savings, personal wealth, and charitable impact.

1
🛡️
Eliminate the Tax Bill
~$400K+ Saved
Immediate deduction offsets $450K+ federal liability. Capped at 35¢/dollar (OBBBA 2026), 60% AGI limit. Excess deductions carry forward 5 years. Virtually eliminates the tax event.
2
📈
Keep a Growing Income
5%+ Annually
Unlike a DAF (funds gone forever), the CRUT pays you ≥5% of trust value every year. At 8% earnings − 5% payout = 3% net growth. Your payout check increases every year as trust compounds.
3
🌱
Create Charitable Impact
100% Tax-Free
CRUT issues market-rate promissory loan to independent 501(c)(3). Charity gets mission capital. Trust earns 8%+ interest tax-free. Interest compounds — growing future personal payouts.

The Tax Drag Advantage: When the CRUT earns $92,800 in interest (8% on $1.16M), it keeps the full amount. A personal brokerage account retains only ~$55,000 after 40.8% taxes. That's $37,800 extra per year compounding inside the trust — year after year.

+$37,800
Saved annually vs.
taxable account
Advanced Structure

CRUT + Promissory Note
Compounding Strategy

The most powerful version: the CRUT itself issues a market-rate loan to an independent 501(c)(3). Charity gets capital; trust earns tax-free interest that compounds for your benefit.

👤
Investor Funds CRUT

Transfer $1.16M → immediate tax deduction triggered

$1.16M in
⚖️
CRUT Issues Promissory Loan

Arms-length, market-rate loan to independent 501(c)(3) with collateral

8% rate
🏛️
Charity Receives Capital

Funds real estate, endowment, or mission project. Pays interest to CRUT.

$92.8K/yr
📈
Interest Compounds Tax-Free

CRUT retains 100% of interest. 5% payout grows as trust grows annually.

+3% growth
Compliance Requirements

Since the 501(c)(3) is independent, the harshest self-dealing rules don't apply. But these five safeguards are mandatory:

1

Market Interest Rate — Loan rate must match AFR + spread. Below-market rate violates fiduciary duty to charity remainder beneficiary.

2

Collateral Required — Fiduciary duty demands securing the loan with real property, accounts, or tangible assets to protect trust principal.

3

Annual Independent Appraisal — Private notes have no market price. IRS requires third-party annual valuation for Form 5227.

4

No UBTI Contamination — Avoid debt-financed investments inside the CRUT. Unrelated Business Income destroys tax-exempt status.

5

No Disqualified Persons — Cannot lend to self, spouse, parents, children, or controlled entities. Must be truly independent borrower.

Financial Modeling · 10-Year Projection

The Numbers at Work

Assumptions: 8% CRUT return · 5% payout · 2026 rules
MetricNo StrategyCRUT StrategyAdvantage
Federal Tax Year 1−$450,000+~$0–$50KSave $400K+
Net Cash Retained (Yr 1)$628,720$1,102,000++$473K
Annual Personal Income$0$58K–$93KNew stream
Trust Value (Year 5)~$1.42M+22% growth
Trust Value (Year 10)~$1.86M+60% growth
Year 10 Annual Payout~$93,000+60% vs Yr1
10-Yr Cumulative Payout~$720,000Pure income
Tax Rate on Growth40.8%/yr0% (exempt)40.8% edge
Trust Value Growth ($M)
0 .5 1.0 1.5 Yr0 Yr1 Yr2 Yr5 Yr7 Yr10 1.16 1.19 1.23 1.42 1.60 1.86
$720K
10-yr payouts
+60%
trust growth
$0
internal taxes
Compliance & Legal Structure

Legal Safeguards & Requirements

⚠️
Self-Dealing Rules (IRC §4941)
Violations trigger 15%–200% excise tax
Cannot loan CRUT funds to yourself, family, or your controlled entities
Borrower must be a truly independent arms-length party
Independent 501(c)(3) = this risk is avoided entirely (our scenario)
Penalty for violation: 15% initial + 200% if not corrected
📋
IRS Reporting & Documentation
Annual compliance — non-negotiable
Form 5227: Annual trust tax return (split-interest trusts)
Form 8283: Required for non-cash gifts over $500
Qualified appraisal if note value exceeds $5,000
Annual independent appraisal of private promissory note
Schedule K-1 (Form 1041): Four-tier income reporting to investor
Prudent Investor Standard
Fiduciary duty to charitable beneficiary
Trustee must invest prudently — no excessive risk-taking
Private loans must carry adequate collateral (real property preferred)
Interest rate must reflect market conditions (AFR reference)
10% minimum: charity must receive ≥10% of initial trust value
⚙️
Trust Structure Requirements
Legal setup non-negotiables
Formal CRUT document drafted by estate planning attorney
Trust must allow "alternative investments" (private notes, real estate)
Payout rate: minimum 5%, maximum 50% of annual trust value
IRS §7520 rate March 2026: 4.8% — favorable for larger deduction
Formal promissory note / loan agreement between CRUT and 501(c)(3)
Implementation Plan

The 4-Phase Roadmap to Execution

Phase 1 · Weeks 1–2
Advisory & Structure Design
Engage estate planning attorney
Select CPA with CRUT experience
Calculate optimal funding amount
Identify target 501(c)(3) borrower
Determine trust term (10–20 yr or life)
Phase 2 · Weeks 3–5
Legal Documentation
Draft CRUT trust document
Include private note provisions
Draft promissory loan agreement
Obtain collateral from 501(c)(3)
Get qualified appraisal of assets
Phase 3 · Week 6
Fund & Execute
Transfer assets to fund CRUT
CRUT issues loan to 501(c)(3)
Claim deduction on year's return
Set up annual payout mechanism
File Form 8283 if applicable
Phase 4 · Ongoing
Annual Maintenance
File Form 5227 (trust return)
Independent note appraisal
Receive annual payout
Monitor 501(c)(3) loan
Apply carryforward deductions
Professional Team Required
Estate Planning Attorney · CRUT-Specialist CPA · Independent Appraiser · Investment Advisor · 501(c)(3) Legal Counsel
§7520 Rate Advantage (March 2026)
Current rate of 4.8% increases your charitable deduction amount. Favorable timing to establish the trust structure now.
5-Year Deduction Carryforward
If 60% AGI limit prevents using full deduction in Year 1, unused amounts carry forward 5 years — ongoing tax relief automatically.
Summary & Recommendation

Turn a $450K Tax Bill
Into a Lifetime
Wealth Engine

$1.16M promissory interest income
$450K+ tax exposure eliminated
5%+ annual income stream retained
Tax-free 8% compounding inside CRUT
Charitable mission funded via loan
No self-dealing risk (independent 501c3)
IRS-compliant under IRC §664
5-year deduction carryforward
Trust value ~$1.86M at Year 10
$720K+ cumulative personal payouts

The Charitable Remainder Unitrust is the only IRS-recognized vehicle that simultaneously eliminates the tax bill, preserves a personal income stream, enables tax-free compounding, and creates meaningful charitable impact — all in one structure.

MM WEALTH ADVISORY · NEXT STEP: SCHEDULE ATTORNEY CONSULTATION