WV Farm Bureau Magazine July 2016 | Page 25

IRA Charitable Rollover David A. DeJarnett This article will explain the possible advantages of an IRA charitable rollover, also called a “qualified charitable distribution.” Individuals who are 70½ or older may annually roll over up to $100,000 from an individual retirement account directly to a qualifying charity without recognizing the assets transferred to the qualifying charity as income. The individual may not take a charitable contribution deduction for the contribution; to do so would result in a double benefit for donors, which is explicitly prohibited. The chosen charity cannot be a supporting organization or a donor advised fund held by a public charity. The chosen charity can be a private foundation that elects to meet the conduit rules (described below) in the year of the distribution. A private foundation may elect to meet the conduit rules and pay out 100 percent of the contributions the foundation received in its tax year by the 15th day of the third month after the close of that tax year, in addition to meeting its regular five percent distribution requirements. A private foundation may elect to be or not to be a conduit private foundation from year to year.  Distributions to other types of funds typically held by community foundations – such as scholarship, fieldof-interest, and designated funds – qualify to receive a charitable rollover. If a charitable rollover is made to a charity that does not qualify, the donor will have to first recognize those distributions as income. They then must calculate their charitable deduction according to the general rules pertaining to percentage limitations and itemized contribution reductions. The law limits the amount that donors are able to exclude from their income to $100,000. If donors wish to take funds from their IRA to contribute more than $100,000 to charity, they cannot exclude the additional amount from their gross income. Rather, they must follow the general rules pertaining to percentage limitations and itemized contribution reductions. Generally, this provision benefits donors who itemize deductions and whose charitable contributions are reduced by the percentage of income limitation. Traditionally, when individuals receive a distribution from their IRA and make a corresponding charitable contribution, they must count the distribution as income and then receive a charitable deduction for any amounts they transferred to charity. For higher income taxpayers, the charitable contribution deduction they receive may not totally offset the taxes they must pay for receiving the distribution from their IRA. In such cases, donors would potentially benefit more by using the charitable rollover provision when making a charitable donation. Other donors who may benefit are individuals who do not usually itemize their deductions.  Individuals must instruct their IRA trustee to make the contribution directly to an eligible charitable organization.  Individuals making a charitable contribution using IRA funds must obtain from the charity a contemporaneous written acknowledgement of the contribution to benefit from this provision. If the donor receives any goods or services (e.g., tickets to a fundraiser) that would have reduced their charitable deduction had they made an outright gift to the charity, the rollover of assets from an IRA will not qualify for the tax-free treatment under this provision. Gifts to the donor that are disregarded (i.e., public recognition, token gifts, and insubstantial benefits) will not disqualify the contribution from the tax-free treatment. Shortly after individuals reach the age of 70½, they are generally required to receive distributions from their traditional IRA. For the purposes of minimum required distributions, the IRS treats distributions from an IRA the same, whether individuals use the distribu