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!)
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!
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.
I refuse to jump to any conclusions regarding this year in planned giving (or any year!).
Will Congress/President somehow waterdown or eliminate the charitable deduction?
Possibly but it’s possible that the charitable deduction will be more valuable to your donors than ever before if they limit other deductions but not the charitable one. (Treasury Secretary Mnuchin already said there will be no tampering with the charitable deduction contrary to Trump’s campaign “tax plan”)
Will there be anything new and exciting for fundraisers to bring to donors?
This doesn’t look like a great year for creative charitable legislation. Let’s see if they really “fix” Obamacare or the tax code.
But, there are a few things I can guarantee will happen: the oldest baby-boomers start turning age 71 this year, the age when required minimum distributions (RMDs) from IRAs and other qualified retirement accounts start. There are a lot more boomers than their predecessors, with a lot more IRA funds – IRA charitable rollovers and beneficiary designations should be high on every fundraiser’s wish list.
Bottom line: Planned Giving is turning a corner, Boomers are finally and officially Planned Giving Prospects. Maybe it’s time you and/or your organization realized that it is “now or never” for the Boomers? Train up the staff, invest in the Planned Giving program.
Thank you PPP for your announcement – click the picture to see it. Yes, we are inching towards an IRA giving law again but this time it looks like it will be for good (i.e. no longer up for grabs each year).
This is great news. Sure, you have almost no time to reach your donors this year – we will be lucky if we know for sure by Friday. But, we can get a jump on next year and beyond, and maybe get a few gifts in by year’s end.
Why I am so encouraged is that the oldest baby boomers are just starting to turn 70 in 2016 and they are prime candidates for this giving option so the fact that the law should become permanent is great news.
My planned giving boot camp students asked what are the immediate next steps (AS SOON AS IT IS SIGNED INTO LAW)?
Call/email anyone you know who has used the IRA giving provision in the past!
Email blast away! Time sensitive headline – act by December 31 to make your tax-free IRA gifts!
Even if these efforts are a little late, they will certainly help for next year and beyond.
Start planning a post card or newsletter or more email blast or ads in your publications – anything to catch people’s attention and open their eyes to this nifty new way of giving (if they are the right age, of course!)