IRA/Charitable Distribution Opportunity Expires at the End of 2007
Posted by Robert Louis on 23 Oct 2007 | Tagged as: Charitable giving
A limited opportunity for making charitable gifts was added to the law in 2006 and will expire at the end of 2007. Under this provision, which is contained in Section 408(d)(8) of the Internal Revenue Code, individuals who have reached age 70 1/2 can distribute up to $100,000 per year, for each of 2006 and 2007, to charitable organizations. The organizations must be public charities (other than donor-advised funds and supporting organizations) or private operating or pass-through foundations. Distributions can be made from any type of IRA, other than a SEP-IRA or a SIMPLE IRA, and must be made directly to the organization. The amount distributed will not be included in the income of the donor, and no charitable deduction will be permitted for the distribution. Further details on how this provision works are included in IRS Notice 2007-7, 2007-5 IRB 395.
Legislation has been introduced to make these kinds of giving opportunities permanent, in the proposed Public Good IRA Rollover Act (you have to admire the people who think up these names). Extensive tax legislation is about to be introduced in Congress, and this proposal might be included in it.
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