(a) In general. In determining the applicable fraction with respect to a charitable lead annuity
(1) The numerator is the adjusted generation-skipping transfer tax exemption (adjusted
GST exemption); and
(2) The denominator is the value of all property in the trust immediately after the termination
of the charitable lead annuity.
(b) Adjusted GST exemption defined. The adjusted GST exemption is the amount of GST exemption allocated to the trust
increased by an amount equal to the interest that would accrue if an amount equal
to the allocated GST exemption were invested at the rate used to determine the amount
of the estate or gift tax charitable deduction, compounded annually, for the actual
period of the charitable lead annuity. If a late allocation is made to a charitable lead annuity trust, the adjusted GST
exemption is the amount of GST exemption allocated to the trust increased by the interest
that would accrue if invested at such rate for the period beginning on the date of
the late allocation and extending for the balance of the actual period of the charitable
lead annuity. The amount of GST exemption allocated to a charitable lead annuity trust is not
reduced even though it is ultimately determined that the allocation of a lesser amount
of GST exemption would have resulted in an inclusion ratio of zero. For purposes of chapter 13, a charitable lead annuity trust is any trust providing
an interest in the form of a guaranteed annuity described in § 25.2522(c)–3(c)(2)(vi) of this chapter for which the transferor is allowed a charitable deduction for Federal
estate or gift tax purposes.
(c) Example. The following example illustrates the provisions of this section:
Example. T creates a charitable lead annuity trust for a 10–year term with the remainder
payable to T's grandchild. T timely allocates an amount of GST exemption to the trust which T expects will
ultimately result in a zero inclusion ratio. However, at the end of the charitable lead interest, because the property has not
appreciated to the extent T anticipated, the numerator of the applicable fraction
is greater than the denominator. The inclusion ratio for the trust is zero. No portion of the GST exemption allocated to the trust is restored to T or to T's
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