If you are a landlord who wants to finally get out of the “landlording” business, but you cringe at the thought of paying tax on all of that depreciation you have taken over the years (yes, that’s right, you have to recapture all of that phantom depreciation and pay tax on it) and you don’t really want to pay capital gains tax on the balance of the gain, then maybe you should think about using something called a charitable remainder trust.

In a nutshell, if you have a rental property that is paid for but you have depreciated the heck out of it, and you no longer want to be a landlord, you can create a special trust to allow for the sale of the property without tax obligation.  With the help of your favorite attorney, you establish a charitable remainder trust.  You then transfer the real estate into the trust and proceed to market the property for sale.  The trust sells the property and reinvests the proceeds in stocks, bonds, and any other prudent investment that you choose.  You proceed to enjoy annual income and you receive an upfront charitable tax deduction for a percentage of the value of the rental property (depending on your age and what kind of a return you want – a minimum of 5%).  Are there catches to this?  Of course, and there are many rules that apply to this type of transaction, but it may be something to explore if you have an appreciated asset that you would like to sell and you don’t want to pay the tax that is otherwise due.  Find out more about charitable remainder trusts.

“Dear Ben:

I want you to know how much you have meant to me.  When I first held you in my arms, you were 2 days old.  I couldn’t believe you were my grandson.  What a miracle.  As the years passed by, I always cherished our time together.  Remember our first Mariner game?  You were eight and we sat right up close.  Between the pop, two hotdogs and I’m not sure what else, we had such a great time together.  I always appreciated that as you grew older, you still took time to attend a Mariner game or two with me each spring.  It meant a lot to me, especially when I knew you had a lot of other things to do and people (girls) to see.  I don’t think I ever said thanks, but then I don’t think it would have sounded right; we were just spending time together.  When your grandmother died a few years ago, those baseball games meant even more.

I was very proud of you when you stayed on the soccer team the year your dad died, and I still remember the year you won the team inspirational award.  You inspired me.  When you graduated from high school and then again, from college, I wanted to tell you that you were my hero.  You were.  Now, you are married and you have three kids, and what a terrific husband and father you are.  If your dad were still around, I know he’d be so happy with the way you have turned out.  You are receiving a check with this letter.  I wish it could be more, but the check is not important.  Just remember how much I love you and that I am your biggest fan.  I’ll be rooting for you wherever it is I have gone.  Love, your grandpa.”

This letter made me think.  If I were Ben, I think I would feel better about the words than the dollars.  How about you?  Have you written a letter to your grandchild?  What would you say?

Here in Washington State, you may also check out a charity at the website for the Charities Program: http://www.sos.wa.gov/charities/DatabaseSearch.aspx For example, if you check out the Greater Tacoma Community Foundation, this site tells us that “…this organization devoted 76% of its total expenses to program services…” for the period ending June 30, 2010.  By contrast, the Seattle Foundation “…devoted 93% of its total expenses to program services…” in the most recent reporting period.  This doesn’t necessarily mean that the Tacoma group is not as efficient, but, armed with the information, you can ask questions and explore more to determine where you might want to send your check.  The number for Mary Bridge Children’s Foundation is 81%.  The number for Tacoma Goodwill Industries is 92%.  For the Tacoma Rescue Mission, the number is 86%.  If you look up the Emergency Food Network, you’ll see that their number is 98%.  FISH Food Banks of Pierce County also comes in at 98%.  Again, you want to do more homework on this and not rely exclusively on these particular numbers.  Have a look at the IRS Form 990 to see all of the details on what is paid out and to whom, and ask questions.  You want to be an informed donor.  Now, don’t forget to send those checks out before the end of the year.

A lot of the calls I have taken on the radio over the years had to do with callers not taking the time to read what was stuck in front of them by the salesperson.  Ready to join the fitness club, sign here.  You want the car, sign here.  Sign here.  Sign here.  Feel good right now.  Pay for it later, in so many legal ways.

When you are in with the finance manager, ready to drive away in that new car, I want you to take a deep breath, make a joke about lawyers if you must, and then read what they are asking you to sign.  If you don’t understand something, then make the dealership explain the words in plain English so that you can understand what you are agreeing to.  I recall doing just that one time when I was about to lease a car.  The finance manager had no clue what he was putting in front of me, except that you sign it and then you get to drive away.  Don’t let them get away with this.

You are out looking for a house to buy.  Don’t wait until you find that perfect house to discuss the purchase and sale agreement.  When you get started looking, simply ask the real estate agent for blank copies of the purchase and sale agreement and all of the supplemental documents that he or she will be asking you to sign.  Take them home, get out the highlighter, and read every word of the documents.  Highlight portions, make notes and then ask the agent to explain the agreement and answer all of your questions about the meaning of all of the clauses.  The purchase of a home is still the biggest purchase of your lifetime.  Read it and ask questions.  Now, when you find the perfect house, you will be ready to sign immediately and you’ll know what you are getting yourself into.

We can save ourselves so much legal grief, if we will just read what we are signing, before we sign.