Setting up the trust, worth between $750,000 and $1.25 million in 2001, enabled Romney to take an upfront deduction for his charitable donation to the trust, while also earning annual payments worth 8 percent of the trust's assets. Unlike much of his own portfolio, Romney's charitable trust investments have been very conservative. (It's now just all cash.) As a result, according to Bloomberg, the trust earned only $48 last year, while paying out nearly $37,000 to the Romneys. Meanwhile, the principal, which goes to the charity upon Romney's death, has been dwindling as a result of those payouts, down to $421,000 in 2011. According to Bloomberg:
The current investing strategy favors the Romneys over the charity because they get a guaranteed payout, said Michael Arlein, a trusts and estates lawyer at Patterson Belknap Webb & Tyler LLP.
"The Romneys get theirs off the top and the charity gets what's left," he said. "So by definition, if it's not performing as well, the charity gets harmed more."...
If the CRUT maintains the same investing strategy, assets will continue to shrink, said Jerome M. Hesch, a tax and estate planning attorney at the law firm Carlton Fields. The trustee acted prudently in protecting against losses during a stock market decline, he said.
Nevertheless, "what's going to go to charity is probably close to nothing," Hesch said.
The Bloomberg story provides yet another example of Romney relying on every tax avoidance scheme in the book to shield his fortune—and in this case, using his church in the process. He should be glad this scoop is likely to got washed away in the hurricane coverage this week.