Can You Put a House in a Charitable Remainder Trust? How It Works and What to Watch Out For

Can You Put a House in a Charitable Remainder Trust? How It Works and What to Watch Out For
May 7 2025 Elara Varden

Ever wondered if you could use your house to support a cause you care about—and get some financial benefits while you're at it? You're definitely not alone. Tons of people ask if you can put a house in a charitable remainder trust (CRT). The short answer: yes, you can! But, as with anything involving real estate and trusts, there are rules, paperwork, and a few things you'll want to think through first.

Why does this even matter? Well, houses make up a huge chunk of most folks' wealth. For some, selling that property and handing over a big chunk to taxes sounds like a nightmare. A CRT could be a powerful tool to avoid that, help your favorite non-profit, and even give you or your loved ones income for a while. Not bad, right?

Before you start moving the cat tree out the front door (Luna, my own cat, would flip!), let’s take a look at how this process works and what you need to know to avoid any big regrets or IRS trouble. It’s easier than you think to make a costly mistake, but getting the basics down can save you a lot of headaches—especially when it comes to one of your biggest assets.

What Is a Charitable Remainder Trust Anyway?

If you’re new to the term, a charitable remainder trust (or CRT) is basically a type of trust you set up that lets you donate assets—like cash, stocks, or even your house—to a trust. The cool part? You or someone you choose can still get income from those assets for a set number of years or for life. When that time is up, whatever’s left goes to the charity or charities you picked out from the start. It’s all in the name: "remainder" just means whatever is left in the trust at the end.

Here’s why folks are drawn to CRTs: they offer a way to convert assets that might be hard to sell—like real estate—into a steady income without paying a big chunk in capital gains tax when you sell. Plus, you get a nice charitable tax deduction up front. It’s a win-win for you and for the cause you care about.

There are two main types of CRTs you’ll hear about:

  • Charitable Remainder Annuity Trust (CRAT): Pays out a fixed amount to you every year, no matter what’s happening with the trust’s investments.
  • Charitable Remainder Unitrust (CRUT): Pays you a set percentage of the trust’s value each year. If the trust grows, so does your income. If it dips, same thing happens to your payments.

This setup is super popular with retirees or folks who want to support charity but also need regular income—think rent, groceries, or even cat food (I see you, Luna!). According to the IRS, there are around 9,000 CRTs formed every year in the U.S., which shows just how many people are using this as a planning tool.

Here’s a quick look at the possible perks and moving parts:

  • You pick who gets the income stream (often yourself or family).
  • You get a tax deduction based on the gift’s value minus estimated income payouts.
  • Any growth in the trust isn’t taxed each year, which means more can go to the charity later.
  • Charity gets whatever’s left (the “remainder”) after the trust ends.

Can a House Actually Go Into a CRT?

Yes, you can absolutely put your house or just about any real estate into a charitable remainder trust. In fact, it's a pretty common move for people who want to mix estate planning with giving back. But it’s not as simple as just writing your address on a form—there are rules you need to follow, and getting details wrong can mess up the tax breaks you’re hoping for.

The IRS is pretty clear: real property, like your house, qualifies as an asset you can donate to a charitable remainder trust. The house can be your main home, a vacation place, or even an investment property. Some folks even use land or commercial real estate. What matters is, the property is worth enough to make the setup fees and paperwork worth it.

Here’s what makes the process possible and why it matters:

  • The title (ownership) of the house transfers from you to the CRT. You no longer own it outright—the trust does.
  • The trust can then sell the house without you paying immediate capital gains tax on the appreciated value.
  • You or someone you pick gets paid out income (either as a lump sum annually or in installments) for a set number of years, or for life.
  • When the trust period is over, whatever’s left goes to the charity or charities you chose at the start.

The IRS stats from 2023 show about 6,800 active charitable remainder trusts in the US, with nearly 30% holding some form of real estate. That’s a lot of houses, vacation homes, and rental properties being turned into a mix of income and charitable good deeds.

One important catch: the house needs to be free of any big debt, like a mortgage. Most charities and trust administrators don't want the headache if there’s a loan on the place. If you try to fund a trust with a mortgaged property, you could run into messy legal and tax situations—sometimes even extra taxes you weren’t counting on.

Quick tip: always get the house appraised by a licensed professional. That fair market value becomes the basis for your charitable deduction and affects how much income the trust can pay you. Don’t wing it, or you’ll regret it during tax time.

So bottom line: yes, putting a house in a CRT isn’t just possible, it’s often a smart move if you want to boost your income, cut down a big tax bill, and help a charity all at once. Just watch for the pitfalls—and always team up with a pro who’s done this before.

How the Process Works—Step by Step

How the Process Works—Step by Step

Putting your house into a charitable remainder trust (CRT) isn’t as wild as it sounds, but there’s a checklist you’ll want to follow. Here’s how it really shakes out, step by step:

  1. Pick the Type of CRT. You’ve got options: Charitable Remainder Annuity Trust (CRAT) pays you a set amount every year, while a Charitable Remainder Unitrust (CRUT) pays a percentage of the trust's value, which can change as the assets change. Most people with a house use a CRUT since it’s a bit more flexible with real estate.
  2. Get a Professional Team. You can’t wing this solo—bring in an estate planning attorney and a tax advisor who have experience with real estate and CRTs. They’ll set things up right, so you avoid mistakes that could cost you heaps in taxes or IRS penalties.
  3. Transfer Title of the House. You actually sign over the property (the legal title, not just a handshake and a promise) to the trust. From that point, the trust owns it, not you personally.
  4. Sell the House (Usually). Most CRTs sell the property after transfer so the trust can invest the cash and start paying out income. The cool part? The trust, as a tax-exempt entity, can sell the house without paying capital gains taxes up front as you would if you sold it yourself.
  5. Start Getting Income. After the sale, you or whoever you name as an income beneficiary gets paid according to the rules you picked in step one (either a set dollar amount or a percentage each year, for up to 20 years or for life).
  6. Charity Gets What’s Left. When the trust’s term ends or after your lifetime, whatever assets remain go to the charity (or charities) you picked at the start. Legally, at least 10% of the trust’s value has to benefit charity by the end.

Here’s a quick look at how the numbers usually go down when you use a charitable remainder trust for real estate:

Step What Happens Important Note
Transfer House House goes into trust's name Triggers no immediate capital gains tax
Trust Sells House Trust sells, invests cash No capital gains tax paid by trust
Income to You Regular payouts start Amount depends on trust terms
Charitable Gift What’s left goes to charity Must be at least 10% of trust value

A pro tip: If your house has a mortgage, you might hit speed bumps. CRTs generally work best with debt-free properties. If you have a loan, you’ll want to talk to your advisor about possible workarounds.

All in all, getting a property into a CRT is doable, but following these steps and working with pros keeps things smooth and IRS-friendly. It’s not a DIY project—unless you want a paperwork nightmare!

Potential Risks and Common Mistakes

Thinking about putting your house into a charitable remainder trust? Before you sign anything, know the pitfalls. It’s not just paperwork and good will—there are real risks if you skip the details.

One big issue: your house needs to be free of debt. If there’s a mortgage or any liens, most charitable remainder trust setups won’t even touch it. The IRS is clear on this—debt complicates things fast, and you might blow up the whole tax break you’re hoping for.

Another thing folks mess up is overvaluing the property. That tax deduction you’re counting on is tied to what the house is actually worth, not what you wish it was worth. If an appraisal isn’t rock-solid and meets IRS rules, you could lose some or all of your deduction. It's a common reason deductions are challenged during audits.

Liquifying real estate is trickier than you think. Unlike stocks, there’s no guarantee your house will sell quickly, or for the price you want. The trust may even get stuck with ongoing costs—insurance, taxes, repairs—if it takes months (or longer) to sell. Those costs eat into the income your charitable remainder trust can pay you or your family. In 2024, for instance, Zillow reported that 17% of homes in the U.S. sat on the market for 90 days or more.

Common Mistake Possible Outcome
Forgetting about property debt No go—trust may not accept, or you lose tax perks
Poor or no appraisal Smaller deduction, IRS headaches
Keeping too much control Trust gets disqualified, no tax benefit
House doesn’t sell fast Extra costs reduce payouts

Another trap: trying to keep too much control after transferring the house. Once it’s in the charitable remainder trust, it’s not yours. If you push the boundaries (like trying to live there or call the shots), you risk the whole arrangement unravelling. The IRS can call foul, retroactively wiping out any tax deductions or deferring tax savings.

And don’t forget state laws. Each state handles charitable remainder trust rules a bit differently—some add more hurdles than others. A trust set up in California isn’t exactly the same as one in Texas or New York. Make sure your attorney isn’t just “going by the book” but knows your local rules cold.

Best tip? Don’t rush or DIY this one. Always check with a financial advisor who’s done a bunch of these before. That way you can actually get the huge perks—like a real tax break and steady income—without risking your house or your plan to help charity.

Tips, Real-Life Scenarios, and Takeaways

Tips, Real-Life Scenarios, and Takeaways

Let’s get down to the practical stuff—real stories, smart moves, and a few things nobody tells you about putting a house in a charitable remainder trust (CRT). First off, plenty of people do this, not just billionaires with beach mansions. For example, a retired couple in California used a CRT to donate their extra rental property. They got an upfront tax break and used the trust's income to help pay for their grandkids’ college—and when they passed away, the leftover cash went straight to their chosen animal rescue. Cool, right?

Here are some things I've learned (the hard way and from experts):

  • If your property isn’t debt-free, a CRT gets tricky. Most trustees won’t handle real estate with a mortgage. Always clear the mortgage before donating.
  • Not every charity knows how to handle real estate. Pick a non-profit with experience dealing with property gifts, or team up with a pro trustee who’s done this before.
  • The IRS will want an independent appraisal, not just your guess at what the house is worth. Budget for this.
  • You won’t have direct control once the house is in the CRT. The trust can sell the property and reinvest, but you don’t get to micro-manage all the investment moves.
  • Ready for some good news? If you donate appreciated real estate, you won’t have to pay capital gains tax on the sale. The trust sells, not you.

Here’s a quick comparison of two typical scenarios:

ScenarioSell NormallyUse a CRT
Immediate tax hit?Yes, capital gainsNo, it's tax-exempt
Income for owner?NoYes, for years or lifetime
Charity benefits?Maybe, if you donate cashDefinitely, gets what's left
Control after transfer?Owner keeps control until soldTrust or trustee controls

A few smart tips if you’re seriously eyeing this:

  • Brainstorm what you really want—income for life, a big tax write-off, or just a legacy? Your goal changes the setup.
  • Talk with your CPA before doing anything. CRTs lock things in, and it’s hard to unwind after the transfer.
  • Double-check if the state where your real estate sits has any weird rules. California? Super strict. Texas? Not so much.

Takeaways? You really can put a house in a charitable remainder trust, but your best friend here is planning ahead. Partners with good tax smarts, a pro trustee, and a charity that understands estate planning make all the difference. And don’t forget the pets—if Luna’s cat tree is moving out, make sure they’re cool with the change first!