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Reset- Foundation Management
- Grantmaking
- Contributions & Donors
- Giving Rules & Regulations
- Pension Protection Act
- FAQs
Pension Protection Act of 2006
In This Section
The Pension Protection Act of 2006 (PPA, formerly H.R. 4) was enacted on August 17, 2006. The act includes a number of charitable reforms and incentives, included in the technical explanation of the legislation by the Joint Committee on Taxation (explanation of charitable provisions starts on page 263).
On these pages, you will find Council analyses of the charitable provisions in the Act. You will also find a collection of IRS/Treasury guidance that has come out with respect to those provisions, along with Council commentary and correspondence regarding IRS/Treasury guidance.
Questions?
Members of the Council may continue to send their questions on the PPA charitable provisions to legal@cof.org.
Disclaimer
The information provided here is based on our continuing analysis of the law. Every effort has been made to ensure accuracy of these documents. Please understand, however, that due to the complexity of the law and the fact that many of these provisions introduce issues that are new to the Internal Revenue Code, this information is subject to change. This information is not a substitute for expert legal, tax or other professional advice and we strongly encourage grantmakers and donors to work with their counsel to determine the impact of this legislation on their particular situations. This information may not be relied upon for the purposes of avoiding any penalties that may be imposed under the Internal Revenue Code.
IRS Proposed Regulations for Type III Supporting Organizations
The IRS has proposed regulations that reflect changes to the law made by the Pension Protection Act of 2006 and will affect Type III supporting organizations and their supported orgnnizations.
Council Comments to IRS - December 23, 2009
Council Analysis of IRS Proposed Regulations for Type III Supporting Organizations - November 25, 2009
IRS Proposed Regulations for Type III Supporting Organizations - September 24, 2009
Council Analyses of the PPA Charitable Provisions
GeneralIRA Charitable Rollover
Donor-Advised Funds
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Donor Advised Fund Tools
- Flowchart: Is the Fund a Donor-Advised Fund?—A tool to help identify donor-advised funds.
- Flowchart: Grants to Organizations from Donor Advised Funds: Is Expenditure Responsibility Required?
- Need Sample Fund Agreements? Check the Community Foundations National Standards Board website (www.cfstandards.org) on—Tab 25.
Scholarship Fund Tools
- Implementing Scholarship Procedures and Board Resolutions [pdf]
- Sample Scholarship Procedures [pdf]
- Sample Board Resolution [pdf]
Supporting Organizations
- What is a Supporting Organization?
- Council Analysis of IRS Proposed Regulations for Type III Supporting Organizations
- Determination of Supporting Organization Status
- Provisions Affecting Supporting Organizations
- Changes in Intermediate Sanctions for Supporting Organizations (Types I, II and III)—Description of provisions that, in part, prohibit certain payments to substantial contributors and loans to disqualified persons.
- Supporting Organizations Reporting
- Council Summary: Treasury Report on Donor-Advised Funds and Supporting Organizations - The Council summarizes and analyzes issues contained in the report released by U.S. Treasury.
Private Foundations
- Distributions from a Private Foundation to a Supporting Organization - Answers to frequently asked questions about requirements for making grants to certain supporting organizations.
Charitable Giving
- Other Provisions Affecting Charitable Giving
- Contributions of Fractional Interests in Tangible Personal Property
- Deductions for Contributions of Qualified Conservation Property—Allowable tax deductions for contributions of qualified conservation property.
- Contributions of Historic Preservation and Façade Easements—A description of reforms enacted for contributions of historic preservation and façade easements.
- Non-Cash Contributions: Qualified Appraisals and Valuation Penalties for Donors and Appraisers - A description of appraisal requirements and penalty provisions for gifts of non-cash property worth more than $5,000.
- Recordkeeping Requirements for Monetary Gifts—Substantiation requirements for donors making gifts of cash or by check.
Other Provisions
- Public Disclosure of Form 990-T for Private Foundations and Public Charities
- Section 4947(a)(2) Split-Interest Trust Reporting
- Annual Reporting for Charities Not Required to File Form 990
Sample Forms for Expenditure Responsibility
Treasury/IRS Guidance and Council Correspondence
December 5, 2011
September 24, 2009
July 13, 2009IRS Rev. Proc 2009-32: Guidance on Determining Whether a Grantee is a Supporting OrganizationMay 19, 2008IRS Notice 2008-49: Additional Interim Guidance on Public Disclosure of Form 990-TMay 29, 2007IRS Notice 2007-45: Interim Guidance on Public Disclosure of Form 990-TApril 3, 2007IRS FAQs on Annual Filing for Small Charities Form 990-NMarch 28, 2007IRS Provides Clarification of IRS Notice 2006-109 in 2007-8 issue of EO UpdateFebruary 23, 2007IRS Notice 2007-24: Reporting on Acquisitions of Interests on Insurance Contracts in which Certain Tax-Exempt Organizations Hold an InterestFebruary 6, 2007IRS Notice 2007-21: Study on Donor Advised Funds and Supporting Organizations
December 4, 2006IRS Notice 2006-109: IRS Interim Guidance on Supporting Organization and Donor-Advised Fund Reforms includes guidance on grants by private foundations to supporting organizations
December 1, 2006IRS Notice 2006-110: IRS Guidance on Recordkeeping Requirements for Charitable Contributions made by Payroll DeductionsNovember 7, 2006IRS Announcement 2006-93: Process for Supporting Organizations Seeking Reclassification as Public CharitiesOctober 19, 2006IRS Notice 2006-96: Transitional Guidance on Requirements for Qualified AppraisalsOctober 18, 2006Council on Foundations and Independent Sector Memo to IRS on PPA Provisions that Require Immediate Guidance and Effect Date ReliefOctober 17, 2006Council Request to Treasury Re Transition Relief for Scholarship FundsSeptember 26, 2006Council Follow-up Letter To Treasury Offering Draft Notice for Interim GuidanceAugust 16, 2006Council Request to Treasury for Clarification PPA Provisions |
