This is our 6th year of offering convenient and cost effective webinar training programs! Check out our full line-up of training for this summer (click each title to learn more and/or register!). Thank you as always for considering our programs!
|
|
|
|
|
|
|
|
|
|
|
|
|
|
IRAs
IRA giving can lower Medicare premiums as well as taxable income?
Yes, for those over age 70.5 who are now required to take their RMDs (required minimum distributions) from retirement accounts, the extra income from the RMD could cause an increase in Medicare premiums! In other words: if your age 70.5+ supporter sends his or her RMDs to your charity (you must reach that age to use this law!), they will not only be lowering their taxable income but also possibly lowering their medicare premium costs! (IRA rollover gifts can be used to satisfy RMD requirements!)
Here is a good article on it that goes into the details on the medicare premium issue: http://www.investmentnews.com/article/20170221/BLOG05/170229982/using-iras-to-reduce-medicare-premiums
The point for fundraisers is this: you need to get comfortable with IRAs and the basic retirement planning! IRA rollover gifts can be up to $100,000! Your 70.5 and older donors should already be using it for annual gifts!
Anyway, if you haven’t noticed, I have given several presentation on the new tax plan and will be giving one again TOMORROW 6/13 at NOON EASTERN! Click here to learn more or register (NOTE THAT IT WILL BE RECORDED AND ALL REGISTRANTS WILL RECEIVE THE RECORDING LINK, TOO, EVEN IF YOU REGISTER AFTERWARDS)
IRA Rollover Giving – IS Your Org Eligible?
Should be an easy question. Except that it isn’t always so clear.
With IRA giving (donors age 70.5+) becoming particularly important in light of the new tax law, your nonprofit may want to read this post carefully.
- Private Foundations and Supporting Organizations are NOT eligible to receive qualified IRA rollover gifts.
- A Supporting Organization (SO) is one which was founded and received its exemption under IRS Code Section 509(a)(3) (there are 3 types of SOs – all are not eligible – not relevant to this post).
Last week, a question came via a client. It was a religious entity upset that they are a SO – what can they do about accepting IRA rollover gifts?
Answer: find out if your organization is definitely an SO or not! Someone may have thought you are one and checked off that box on the 990 or some other form (when, in fact, the org is something else).
First, look at your 990 return – your accountant may have checked off the box saying that you are an SO! DON’T ASSUME THAT IS ACTUALLY THE CASE.
Next, call the IRA tax exempt hotline (pretty short waits) – and ask them what they have you as. AGAIN, DON’T ASSUME THEY ARE CORRECT EITHER.
Next, look at your incorporation documents and preferably a copy of your original IRS form 1023 application for exemption – what do they say?
Incorporation docs and your 1023 rule over anything else (call me if you have a discrepancy between the incorporation docs and your 1023!).
Many times accountants who file the 990s make mistakes and the IRS doesn’t question them. Your organization can go on for years filing under as the wrong type of organization. All the IRS cares about for 990s is that they are filed – not whether they are particularly accurate – as long as the numbers are generally sound.
I am sure there are thousands of nonprofit public charities which are in fact SOs!! If your organization is some sort of subsidiary, controlled by a parent charity (as long as the parent controls the board membership), you might be an SO. SOs were an easy route to gain exemption status by “pigging-backing” on the parent’s exemption (and maintaining control of the subsidiary).
It doesn’t matter if your organization no longer resembles an SO. Until you amend your articles of incorporation and refile your 1023, your org is what it started out as.
Of course, there may be many orgs which think they are SOs – because of an error on the 990s or other mistaken approaches – but are really NOT.
Go back to the beginning. You might be surprised. I had the IRS telling me definitively that a client was an SO. But, I kept digging (no one had the 1023 or articles of incorporation) and eventually figured out that the so-called parent church’s attorney thought they were an SO and told the IRS on one of their forms. They lost their exemption retroactively for not filing 990s (they were actually a religious org that wasn’t required to file 990s). In the IRS’s system – they were switched to an SO and that was it.
Eventually, they got it reversed but some damage was done.
CLICK HERE TO LEARN MORE ABOUT OUR LATEST WEBINAR TRAINING PROGRAM
IRA Rollover Giving from SEP or Simple IRA?
SEP IRAs and Simple IRAs are retirement accounts which small businesses create (typically for the owner of the business) – similar to 401k plans but much simpler.
This question has come to me twice in the past few weeks so it must be of interest. Can an old enough donor make an IRA Charitable Rollover gift from his/her SEP or Simple IRA? A client also just asked me this question where the donor said he had two SEPs (not sure why he needed two). Here is the answer I gave:
The answer is yes, with an important caveat!
Bottom line – the SEP IRA (Simplified Employee Pension) or SIMPLE IRA could be eligible for the Charitable IRA Rollover IF the donor is 70.5 (always worth mentioning) AND the donor has not made any employer contributions to the SEP or SIMPLE IRA in this fiscal year (based on his business’ taxable year – which could be different than the calendar year). In other words, it can’t “active” to work for the IRA Charitable Roller.
To your question, your donor has two SEPs! Is one “active” and one “inactive”? I believe if one of the accounts is inactive (i.e. is not receiving any employer contributions this fiscal year), that the inactive account would be eligible to make a Charitable IRA Rollover gift from!!
Below is a blurb from the IRA website:
Q-36. Is the exclusion for qualified charitable distributions available for distributions from any type of IRA?
A-36. Generally, the exclusion for qualified charitable distributions is available for distributions from any type of IRA (including a Roth IRA described in § 408A and a deemed IRA described in § 408(q)) that is neither an ongoing SEP IRA described in § 408(k) nor an ongoing SIMPLE IRA described in § 408(p). For this purpose, a SEP IRA or a SIMPLE IRA is treated as ongoing if it is maintained under an employer arrangement under which an employer contribution is made for the plan year ending with or within the IRA owner’s taxable year in which the charitable contributions would be made.