New York State Department of Law (Office of the Attorney General) Charities Bureau - Registration Section Instructions for Form CHAR001-RT Registration Statement and Notice of Termination of Intervening Interest for Charitable Remainder Trusts www.charitiesnys.com Contents: Note: 1. Who Must File CHAR001-RT ........................... 1 } The information in this form is for charitable remainder trusts. 2. Registration Information ............................... 1 For registration and filing requirements for charitable lead A. Registration Statute and Registration Type . . . . . . . . . . . . . 1 trusts, see the instructions for Form CHAR001-LT. For registration and filing requirements for estates with a charitable B. New York State Registration Number . . . . . . . . . . . . . . . . . 1 interest, see the Charitable Estate Registration Instructions. 3. Entities Required to File a Form Other Than CHAR001-RT . . . . . 1 For registration and annual filing requirements for nonprofit organizations, including wholly charitable trusts that file an IRS 4. Registration – What to File ............................. 1 Form 990, 990-EZ or 990-PF, see the instructions for Forms 5. Line By Line Instructions ..............................1-2 CHAR410 (Registration Statement for Charitable Organizations) and CHAR500 (Annual Filing for Charitable 6. Subsequent Filings ................................... 2 Organizations). 7. When and Where To Submit............................ 2 } Please place identifying information (registration number if 8. Penalties ........................................... 3 applicable, trust name, etc.) on all correspondence and other documents submitted to the Charities Bureau. 9. Questions / Contacting the Charities Bureau . . . . . . . . . . . . . . . . 3 } All references to forms designated “CHAR” are to official forms 10. Offices for Charitable Remainder Trust Matters . . . . . . . . . . . . . 4 of the Attorney General’s Charities Bureau. Copies of these A. Registration..................................... 4 forms are available on the Charities Bureau’s website (see address at top of this page). B. Final Reports.................................... 4 1. Who Must File CHAR001-RT Charitable remainder trusts must register with the Charities Bureau and submit a notice of termination of intervening interest by filing form CHAR001-RT. * The term "charitable remainder trust” includes any trust for which a charitable beneficiary has a remainder interest, including without limitation qualified charitable remainder annuity trusts and unitrusts, and terminated non-qualified trusts that have a vested charitable remainder interest. Note regarding foreign trusts: Trusts for which foreign (non-New York) trustees or executors are acting under a trust agreement executed by, or the will of, a non-resident of New York are not required to register. 2. Registration Information A. Registration Statute and Registration Type The statute requiring registration of charitable remainder trusts in New York State is section 8-1.4 of the Estates, Powers and Trusts Law (EPTL). B. New York State Registration Number The Charities Bureau will assign a registration number to trusts submitting CHAR001-RT. 3. Entities Required to File a Form Other Than CHAR001-RT The following entities are required to register using a form other than the CHAR001-RT. Such entities should consult the instructions for their respective forms to learn how to register and what to file. Entity Form and Instructions Charitable Lead Trusts CHAR001-LT & instructions Estates with a Charitable Interest Notice of Probate & Charitable Estate Registration Instructions Non-profit Organizations (including wholly charitable CHAR410 & instructions trusts that file an IRS Form 990, 990-EZ or 990-PF) 4. Registration – What to File Follow the instructions in part 5 (Line by Line Instructions) to determine which sections of the CHAR001-RT you must complete and which attachments must accompany the form you submit. There is no fee to register under the EPTL. Do not submit any fee with your CHAR001-RT unless you are simultaneously submitting (or have previously submitted) a final accounting, in which case the fee applicable to final reports must be submitted. See Part 6 (Subsequent Filings), below. Page 1 of 4 Instructions for Form CHAR001-RT (2015) |
5. Line By Line Instructions Part A: General Information A. Identification of Registrant 1. Full name of trust: State the name of the trust exactly as it appears in the trust instrument, including amendments/codicils. 2. c/o Name: Enter the “in care of” name, if applicable. 3. Mailing address: State the mailing address of the trust. 4. Phone: State the telephone number of the trust where a key person responsible for the trust’s filing can be reached. 5. Fax: Enter the fax number, if applicable. 6. Email Address: State the email address of the trust where a key person responsible for the trust’s filing can be reached. 7. Full Name of Grantor/Testator: If the trust is intervivos, state the grantor’s name. If the trust is testamentary, state the testator’s name. 8. Fed. employer ID no. (EIN): State the trust’s EIN on record with the IRS. 9. Date of Trust and any If the trust is intervivos, list the date the trust was created by trust agreement. If the trust is Amendments/Codicils: testamentary, list the date of the decedent’s death. If applicable, state the date(s) of any amendments to the trust agreement or codicils to the will that created the trust. 10. Type of Trust: Indicate whether the trust is intervivos or testamentary. 11. Fiscal Year End: Enter the month and day for the end of the trust’s accounting period. Part B: Identification of Trustees State the name and address of each trustee of the trust. Part C.1.: Identification of Lead Beneficiaries State the names, dates of death, if applicable, and description of interest for each lead beneficiary. Part C.2.: Identification of Charitable Remainder Beneficiaries State the organization names, Federal EINs and description of interest of all charitable remainder beneficiaries of the trust. Part D: Notice of Termination of Intervening Interest Pursuant to EPTL section 8.1-4(f)(1), a charitable remainder trust shall notify the Attorney General and all current charitable remainder beneficiaries of the termination of the interest of any party that would cause all or part of the trust assets or income to be applied to charitable purposes. The form CHAR001-RT shall serve as such notice. The trust shall mail a copy of the completed CHAR001-RT to the Attorney General and each current charitable remainder beneficiary. No separate notice of termination is required. The trust shall check the box in Part D (Notice of Termination of Intervening Interest) to confirm that the notices were sent. Part E: Attachments A copy of trust instrument and any amendments/codicils must be included with the submission of the CHAR001-RT. Part F: Certification The form must be certified with the preparer’s signature, printed name, title and the date the form was signed. 6. Subsequent Filings: After a charitable remainder trust has registered using the CHAR001-RT form, it is not required to file periodic reports, but shall comply with any request made by the Attorney General for additional information or documentation. Charitable remainder trusts are required to file a final report with the Attorney General. A final report shall consist of a judicial or informal final accounting containing sufficient information for purposes of the Attorney General’s review. In addition, the trust is required to submit with its final report an EPTL filing fee based on the total value of all assets distributed or proposed to be distributed to charitable beneficiaries, including distributions resulting from specific and residuary gifts paid from principal or income, according to the following schedule: Amount Distributed to Charitable Beneficiaries EPTL Filing Fee Less than $50,000 $25 $50,000 or more, but less than $250,000 $50 $250,000 or more, but less than $1,000,000 $100 $1,000,000 or more, but less than $10,000,000 $250 $10,000,000 or more, but less than $50,000,000 $750 $50,000,000 or more $1500 Page 2 of 4 Instructions for Form CHAR001-RT (2015) |
7. When and Where to Submit All registrations on form CHAR001-RT must be mailed, postmarked within six months after all or part of the trust assets or income is required to be applied to charitable purposes. If the charitable interest is contingent or deferred by reason of intervening non-charitable interests, then the trust is not required to register until the contingency occurs or the non-charitable interests terminate. Form CHAR001-RT must be mailed to either the New York City or Albany office of the Attorney General’s Charities Bureau. If the trust is located in any of the counties listed for the Albany office in section 10.A. of these instructions, mail form CHAR001-RT to the Albany office. If the trust is located in any other county, mail form CHAR001-RT to the New York City office. Final reports (see section 6 above) must be mailed to the local Attorney General office that reviews the accounting, which depends on the county in which the trust is located. To determine the appropriate office, see section 10.B. of these instructions. Please note that, in the future, the Attorney General may require that all CHAR001-RTs and final reports be submitted to the local Attorney General office that reviews the accounting. Therefore, you are advised to check the Charities Bureau regularly for updated CHAR001-RT instructions to determine the appropriate office for your submission. 8. Penalties Pursuant to EPTL Section 8-1.4, any entity that fails to comply with the EPTL registration and filing requirements may be subject to fines in the amount of $10 per day, up to a maximum of $1,000, for each such failure. 9. Questions / Contacting the Charities Bureau Questions about completing the CHAR001-RT should be directed to the Charities Bureau as follows: By Email: charities.bureau@ag.ny.gov (note the form number in the subject line) By Phone: 212-416-8401 (mention the form number to the representative) Helpful information may also be found on the Charities Bureau website at www.charitiesnys.com. Page 3 of 4 Instructions for Form CHAR001-RT (2015) |
10. Offices for Charitable Remainder Trust Matters A. Registration ALBANY NEW YORK CITY New York State Attorney General New York State Attorney General Charities Bureau Charities Bureau The Capitol 120 Broadway, 3rd Floor Albany, NY 12224-0341 New York, NY 10271-0332 518-776-2150 212-416-8401 Counties: Albany, Columbia, Fulton, Greene, Hamilton, Montgomery, Counties: All other counties Rensselaer, Saratoga, Schenectady, Schoharie, Sullivan, Ulster, Warren and Washington B. Final Reports ALBANY ROCHESTER New York State Attorney General New York State Attorney General Charities Bureau Rochester Regional Office The Capitol 144 Exchange Boulevard Albany, NY 12224-0341 Rochester, NY 14614-2176 518-776-2150 585-546-7430 Counties: Albany, Columbia, Fulton, Greene, Hamilton, Montgomery, Counties: Livingston, Monroe, Ontario, Seneca, Steuben, Wayne and Rensselaer, Saratoga, Schenectady, Schoharie, Sullivan, Ulster, Warren Yates and Washington BINGHAMTON SYRACUSE New York State Attorney General New York State Attorney General Binghamton Regional Office Syracuse Regional Office 44 Hawley Street, 17th Floor 615 Erie Blvd. West, Suite 102 Binghamton, NY 13901-4433 Syracuse, NY 13204 607-251-2770 315-448-4800 Counties: Broome, Chemung, Chenango, Delaware, Otsego, Schuyler, Counties: Cayuga, Cortland, Madison, Onondaga and Oswego Tioga and Tompkins BUFFALO UTICA New York State Attorney General New York State Attorney General Buffalo Regional Office Utica Regional Office Main Place Tower - Suite 300A 207 Genesee Street, Room 504 350 Main Street Utica, NY 13501-2812 Buffalo, NY 14202 315-864-2000 716-853-8400 Counties: Herkimer and Oneida Counties: Allegheny, Cattaraugus, Chautauqua, Erie, Genesee, Niagara, Orleans and Wyoming WATERTOWN NEW YORK CITY New York State Attorney General New York State Attorney General Watertown Regional Office Charities Bureau 317 Washington Street 120 Broadway, 3rd Floor Watertown, NY 13601-3744 New York, NY 10271-0332 315-523-6080 212-416-8401 Counties: Jefferson, Lewis and St. Lawrence Counties: Bronx, Dutchess, Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland, Suffolk and Westchester PLATTSBURGH New York State Attorney General Plattsburgh Regional Office 43 Durkee Street - Suite 700 Plattsburgh, NY 12901-2958 518-562-3288 Counties: Clinton, Essex and Franklin Page 4 of 4 Instructions for Form CHAR001-RT (2015) |