Which of the following factors is the critical or deciding characteristic that indicates that a trust should be classified as a charitable remainder uni trust, rather than a charitable remainder annuity trust?
A. The amount of income specified for the non charitable income beneficiary must be paid annually out of income and/or principal.
B. A fixed percentage of the fair market value of the principal, as revalue annually, must be payable to the non charitable beneficiary.
C. The amount payable to the non charitable beneficiary must be at least 5% of the fair market value of the property initially transferred to the trust.
D. The trust must be irrevocable and not subject to a power by the donor, the trustee, or the beneficiary to alter or amend the trust.
Provide a detailed explanation. This is estate planning.