Government Relations

Charitable IRA Rollover Resource Center

On December 17, 2010, President Obama has now signed into law the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010, which provides a two-year retroactive extension of the IRA Charitable Rollover. Specifically, the new law reinstates the Rollover for 2010 and allows any eligible gifts made by January 31, 2011 to be treated as a 2010 donation and be used to satisfy the taxpayers minimum distribution requirement for 2010. The new expiration date for the Charitable Rollover is December 31, 2011.

In addition to the Rollover extension, the new law contains a number of significant provisions that will impact the work of charitable gift planners. These include:

Two-year extension of all the 2001 and 2003 tax cuts.
Two-year adjustment of the estate tax with a $5 million individual exemption and 35 percent rate.
Two-year extension of the alternative minimum tax patch.
Two-year extension of various charitable giving provisions such as enhanced deductions for contributions of food inventory, increased limits for contributions of capital gain real property for conservation purposes, and special rules for contributions of property by S corporations.

For a detailed summary of the new law, click here. For background information and helpful articles on the specifics of IRA Charitable Rollover gifts, click here.

The following resources are provided to help you understand the IRA Charitable Rollover. The Partnership for Philanthropic Planning will add additional resources as they become available.

Disclaimer: The views expressed in these papers are those of the authors and do not necessarily reflect the opinions of the Partnership for Philanthropic Planning, its staff or its board members. The Partnership does not guarantee the accuracy of the authors comments, and none of the material in these resources should be construed as legal advice. Readers are urged to consult their own legal counsel regarding any information found herein.

Research and Statistics

Click here to enter data about IRA distributions received since the passage of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act on December 17, 2010. This survey allows you to enter totals for the number and dollar value of gifts you have received; you do not need to enter data on individual distributions. Please return to the link periodically to report distributions received since the previous survey response.
Results of the Partnership's IRA gift survey.
- Click here for data on distributions received by charitable organizations since passage of the Emergency Economic Stabilization Act in October 2008.
- Click here for data on distributions authorized by the Pension Protection Act of 2006, covering the period from January 1, 2006, through December 31, 2007.

IRS Forms and Procedures

Form 1040 instructions that explain how to report the Charitable IRA Exclusion on 2010 Income Tax Returns. This link will be published as soon as the instructions are available from the IRS.
The IRS provided guidance on the Charitable IRA Rollover provision as originally enacted in the Pension Protection Act of 2006. The information is contained at the end of Notice 2007-7;2007-5 IRB 1. The Full text appears at www.irs.gov/pub/irs-drop/n-07-07.pdf, or by clicking here.
The corrected version of the 2006 Instructions for Forms 1099-R and 5498 (Rev. October 2006) is available for download (PDF version). This addresses Section 1201 of the Pension Protection Act of 2006, which allowed certain account holders to direct a tax-free distribution to a qualified charity from a traditional IRA or Roth IRA.

Overview and Analysis

Conrad Teitell’s commentary from WealthManagement.com’s Philanthropy Tax E-letter, following passage of the American Taxpayer Relief Act of 2012.
White paper on the Impact of December, 2010 Tax Law Changes on Charitable Giving by The Sharpe Group
2008/2009 IRA Rollover-Overview by Christopher Hoyt
PGDC Report by Marc Hoffman (Contains overview and sample donor letters) (pdf)
Original August/September 2006 Edition of Taxwise Giving (This material was generously donated by Conrad Teitell; for more information, click here. The material is copyright, 2006, Conrad Teitell.) (pdf)

Congressional Resources

Congressional Joint Committee on Taxation Report on the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010, click here.
The full text of the Emergency Economic Stabilization Act of 2008.
Congressional Joint Committee on Taxation Report on the original IRA Charitable Rollover provision included in the Pension Protection Act of 2006, click here