Last November, the Treasury released proposed regulations related to Donor Advised Funds. Although these proposed regulations are just that–proposed and not final–in recent weeks the media coverage has gained momentum, especially now that Ways and Means members have weighed in. The Community Foundation is on top of the issues, and our team is always ready to share the latest insights.

As background, in November 2023, the Internal Revenue Service issued proposed regulations that would change the way Donor Advised Funds are defined and how they operate. Especially leading up to the May 6, 2024 public hearings, the proposed regulations have created quite a buzz. If you’d not yet heard about the proposed regulations, the April 19, 2024 letter to Treasury Secretary Janet Yellen, signed by 33 members of Ways and Means, might have grabbed your attention. The letter lays out concerns that “these regulations could have the unintended consequence of impeding charitable giving in our communities, particularly at our local community foundations.” 

As you track the issue, however, it’s important to remember that a Donor Advised Fund is just one of many types of funds your clients can establish at the Community Foundation. 

Donor Advised Funds are popular because they allow your client to make a tax-deductible transfer of cash or marketable securities that is immediately eligible for a charitable deduction. Then, the client can recommend gifts to favorite charities from the fund to meet community needs as they emerge.

Other types of funds at the Community Foundation can be just as effective as a Donor Advised Fund depending on the client’s objectives. In some situations, these other fund types are even more effective than a Donor Advised Fund to achieve a client’s goals.

Field of Interest Funds and Designated Funds, for example, allow your client to support a charitable cause or organization they love. Unrestricted Funds help your clients support future needs in the community that can’t be predicted and can only be addressed through the Community Foundation’s perpetual structure and mission to serve the community as a whole.

A major advantage of Field of Interest Funds, Designated Funds, and Unrestricted Funds is that they are eligible recipients of the popular and tax-savvy planning tool called the Qualified Charitable Distribution (QCD) available to your clients who have reached age 70 ½.

We look forward to helping you serve your charitable clients regardless of where the proposed regulations ultimately land. Contact us at 410.280.1102 or info@cfaac.org.