Current Thinking

There’s More to Love About Qualified Charitable Distributions in 2023

Our consultants regularly receive calls from financial advisors on a broad array of technical topics related to IRAs, qualified retirement plans and other types of retirement savings plans.

Recently we received a call from a financial advisor who asked: “Can you summarize the rules and changes to qualified charitable distributions (QCDs)?”

Highlights of the Changes:

  • You may have heard that the SECURE Act of 2022 made changes to the rules for QCDs, making more opportunities for gifting through IRAs. Let’s review the existing rules, enhancements that took effect in 2023 and the changes that will happen next year and going forward.
  • To review, a QCD is any otherwise taxable distribution (up to $100,000 for 2023) that an “eligible IRA owner or beneficiary” directly transfers from an IRA to a “qualifying charitable organization” as defined by the IRS. The deadline to complete the transfer for 2023 tax purposes is December 31, 2023. For 2024 and later years, the $100,000 will be adjusted for inflation. In fact, the 2024 maximum increased to $105,000 as announced in IRS Notice 23-75.
  • An eligible IRA owner or beneficiary for QCD purposes is a person who has attained age 70 ½ or older, and has assets in traditional IRAs, Roth IRAs, or “inactive” Simplified Employee Pension (SEP) IRAs or Savings Incentive Match Plans for Employees (SIMPLE) IRAs. Inactive means there are no ongoing employer contributions to the SEP IRA or SIMPLE IRA. A SEP IRA or a SIMPLE IRA is considered “ongoing” if the sponsoring employer makes an employer contribution for the plan year ending with or within the IRA owner’s taxable year in which the charitable contribution would be made (see IRS Notice 2007-7, Q&A 36).
  • Beginning in 2023 and for later years, a QCD also can include a one-time gift of up to $50,000 (adjusted for inflation) to a charitable remainder unitrust, a charitable remainder annuity trust, or a charitable gift annuity. The $50,000 limit will increase to $53,000 for 2024.
  • Charitable remainder trusts and gift annuities provide current income to a beneficiary and when the beneficiary passes on, the remaining amount in the trust or annuity goes to a named charitable cause. According to the rules, up to 90% of the value of the initial gift ($45,000 in this case) can be paid to the beneficiary over a maximum of 20 years, with at least 10% of the initial gift going to the named charity after that.
  • What are the benefits of making a QCD? Generally, IRA owners and beneficiaries must include any distributions of pre-tax amounts from their IRAs in their taxable income for the year. A QCD:
    • Is excludable from taxable income,
    • May count towards the individual’s RMD for the year,
    • May lower taxable income enough for the person to avoid paying additional Medicare premiums;
    • Is a philanthropic way to support a favored charity; and
    • May provide income to a beneficiary of a charitable remainder trust or gift annuity during his or her lifetime and a gift to a charitable cause thereafter.
  • Note that making a QCD does not entitle the individual to an additional itemized tax deduction for a charitable contribution.[1]
  • Generally, qualifying charitable organizations include those described in 170(b)(1)(A) of the Internal Revenue Code (IRC) (e.g., churches, educational organizations, hospitals and medical facilities, foundations, etc.) other than supporting organizations described in IRC § 509(a)(3) or donor advised funds that are described in IRC § 4966(d)(2). The IRS has a handy online tool Exempt Organization Select Check, which can help taxpayers identify organizations eligible to receive tax-deductible charitable contributions.
  • In cases where an individual has made nondeductible contributions to his or her traditional IRA, a special rule treats amounts distributed to charities as coming first from taxable funds, instead of proportionately from taxable and nontaxable funds, as would be the case with regular distributions.
  • Be aware there are special IRS Form 1040 reporting steps that apply to QCDs.
  • Section IX of IRS Notice 2007-7 contains additional compliance details regarding QCDs. For example, QCDs are not subject to federal tax withholding because an IRA owner that requests such a distribution is deemed to have elected out of withholding under IRC § 3405(a)(2) (see IRS Notice 2007-7, Q&A 40 ).

Conclusion

Eligible IRA owners and beneficiaries age 70 ½ and over, including those with inactive SEP or SIMPLE IRAs, should be aware of the potential benefits of directing QCDs to their favorite charitable organizations. And with the SECURE Act 2.0 changes, there’s more to love about QCD gifting.

The information and analyses set out herein are for general information only and are not intended to provide specific advice or recommendations for any individual. Nothing herein constitutes or should be construed as a legal opinion or advice. You should consult your own attorney, accountant, financial or tax advisor or other planner or consultant with regard to your own situation.

 

[1] 1 Apart from a QCD, IRA owners who take taxable IRA distributions and donate them to charitable organizations may be eligible to deduct such amounts on their tax returns for the year if they itemize deductions (Schedule A of Form 1040).  See IRS Tax Topic 506 and IRS Publication 526, Charitable Contributions for more information.

 

Posted In:
Posted On: