New York State Department of Law (Office of the Attorney General) Charities Bureau - Registration Section Instructions for Form CHAR001-LT Registration Statement for Charitable Lead Trusts www.charitiesnys.com/ Contents: Note: 1. Who Must File CHAR001-LT ............................. 1 } The information in this form is for charitable lead trusts. For 2. Registration Information ................................. 1 registration and filing requirements for charitable remainder trusts, see the instructions for Form CHAR001-RT. For A. Registration Statute and Registration Type .............. 1 registration and filing requirements for estates with a charitable B. New York State Registration Number .................. 1 interest, see the Charitable Estate Registration Instructions. For registration and annual filing requirements for nonprofit 3. Entities Required to File a Form Other Than CHAR001-LT ...... 1 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 CHAR410 (Registration Statement for Charitable 5. Line By Line Instructions .............................. 1-2 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 applicable, trust name, etc.) on all correspondence and other 8. Penalties ............................................. 2 documents submitted to the Charities Bureau. 9. Questions / Contacting the Charities Bureau ................. 2 } All references to forms designated “CHAR” are to official forms of the Attorney General’s Charities Bureau. Copies of these forms are available on the Charities Bureau’s website (see address at top of this page). 1. Who Must File CHAR001-LT Charitable lead trusts must register with the Charities Bureau by filing form CHAR001-LT. * The term "charitable lead trust” includes any trust for which a charitable beneficiary has a lead interest, including without limitation charitable lead annuity trusts and charitable lead unitrusts. 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 lead 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-LT. 3. Entities Required to File a Form Other Than CHAR001-LT The following entities are required to register using a form other than the CHAR001-LT. Such entities should consult the instructions for their respective forms to learn how to register and what to file. Entity Form and Instructions Charitable Remainder Trusts CHAR001-RT & 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-LT 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 registration fee with your CHAR001-LT. 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. Page 1 of 2 Instructions for Form CHAR001-LT (2010) |
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 name of the grantor. If the trust is testamentary, state the name of the testator. 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 Remainder Beneficiaries State the names of all remainder beneficiaries of the trust, description of interest, and the month, day and year of the deaths, if applicable. Part C.2.: Identification Charitable Lead Beneficiaries State the organization names and Federal EINs of all charitable lead beneficiaries of the trust, description of interest, and the month, day and year that the lead interest will terminate. Part D: Attachments A copy of trust instrument and any amendments must be included with the submission of the CHAR001-LT. Part E: 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 trust has registered using the CHAR001-LT form, it is required to submit the following additional filings within six months after the end of its fiscal year: • CHAR004 (Annual Filing for Charitable Lead Trusts); and • Copy of IRS Form 5227 (split interest trust information return). In addition, the trust is required to submit an EPTL fee with its CHAR004 filing, according to the following schedule: Amount Distributed to Charity During Fiscal Year 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 7. When and Where to Submit All registrations on form CHAR001-LT must be mailed, postmarked within six months after the date the charitable lead trust is funded, to the address at the top of CHAR001-LT. 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-LT 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 2 of 2 Instructions for Form CHAR001-LT (2010) |