The Pension Protection Act of 2006 includes the first comprehensive regulation of donor advised funds. These requirements generally took effect at the beginning of the tax year following enactment of the Act, for charities that hold assets in such funds. However, a provision barring the payment from donor advised funds of grants, compensation and similar payments to donors, advisors, and persons related to them took effect immediately on August 17, 2006. Understanding the definition of what is a donor advised fund also is important to the implementation of the Act’s charitable IRA rollover provision because rollovers are not permitted into donor advised funds.
Donor advised funds have been a part of the federal tax law of charity for nearly a century, yet only recently has it become the subject of considerable scrutiny and criticism. The following resources are intended to help members navigate the complexity of rules applicable to donor advised funds.
In-Depth knowledge on Donor Advised Funds
Your giving program looks like a convenient vehicle for fulfilling personal charitable pledges. Here’s what you need to know about when to say “no.”
Council summary of Treasury Department report on donor advised funds and supporting organizations.
This chart details what organizations can and cannot receive grants from donor advised funds.
Information on bringing scholarship funds into compliance under the PPA.
Frequently asked questions about prohibited grants from donor advised funds following the Pension Protection Act of 2006.
Frequently asked questions about disqualified persons for donor advised funds and sponsoring organizations under the intermediate sanctions rules of the PPA.
Under the Pension Protection Act of 2006 (PPA), the private foundation excess business holdings rule apply to donor-advised funds as if they were private foundations. That is, the holdings of a donor-advised fund in a business enterprise, together with the holdings of persons who are disqualified persons with respect to that fund, may not exceed certain limits.
Council summary of the 2012 Congressional Research Service Report on Donor-Advised Funds. The report updates to 2008 some of the statistical information about donor-advised funds that was included in the 2011 Treasury report on donor-advised funds.
This handy flowchart can help foundations determine which funds should be classified as donor advised under the Pension Protection Act of 2006.