February 27, 2013
Split interest and partial interest gifts have been with us for over a century. Donors have had a long-standing interest in making gifts and reserving certain critical rights with respect to the property given. This paper discusses certain important aspects of the split interest and partial interest gift rules and the problems that have become evident in their application, focusing on areas that need reform through either statutory amendment or interpretive guidance. It is vital to lower the 5 percent minimum annual payout requirement for charitable remainder trusts and adapt Section 7520 rates to current investment realities.