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2023 Donor-Advised Fund




Overview

When investors make contributions to a Donor-Advised Fund, which are treated as contributions to a public charity, they are granted an immediate tax deduction. This mechanism is often referred to as a charitable donor-advised fund.


Do I Qualify for the Donor-Advised Fund?

If you decide to contribute cash, securities, or other assets to a donor-advised fund at a public charity, you become eligible to claim an immediate tax deduction.


2023 Donor-Advised Fund Details

How do Donor-Advised Funds Operate?

In essence, a Donor-Advised Fund is a distinctly identified fund or account maintained and overseen by an organization classified under section 501(c)(3), commonly known as a sponsoring organization. Each such account comprises contributions made by various individual donors. Post the donation, the contributing organization takes over the legal control of the contribution. Nevertheless, the donor or their designated representative retains advisory privileges concerning the distribution and investment of the funds within the account.


A Donor-Advised Fund (DAF) is mandated to meet the following three criteria:

  1. Ownership and control lie with a sponsoring organization.

  2. Distinct identification by referencing the contributions of the donor.

  3. The donor enjoys advisory rights over the distribution and investment of the assets.

Exceptions:

  • Accounts that solely make distributions to a particular identified organization or a government entity do not qualify as DAFs.

  • Accounts wherein a donor offers advice about grants intended for individuals for activities like travel, study, or similar objectives aren't categorized as DAFs, barring certain exceptions.

Contributors have the liberty to donate securities that they've held for over a year. These are accepted at their fair market value and remain exempt from capital gains taxes. Donations in the form of marketable securities and appreciated assets are restricted to a deduction equating to 30% of the taxpayer’s AGI.


Deduction Limitations As a general rule, contribution caps for donor-advised funds align with other charitable limitations. It's crucial to note that donor-advised funds do not qualify for the suspension of the 60% AGI limitations as per the CARES Act and the American Rescue Plan Act of 2022. The 60% AGI cap for cash contributions remains applicable since the contribution isn't made directly to the end charity. For contributions via securities, the deduction cap stands at 30% of AGI. Deductions that aren't utilized can be rolled over for a maximum of five years to counterbalance income.


Benefits

  • Exemption from annual distribution mandates.

  • Compliance responsibilities are delegated to the sponsoring organization.

  • Potential for anonymous contributions.

  • A straightforward, turnkey, assets under management model.

  • Direct reduction of taxable income.

  • Paves the way for a more significant charitable impact in comparison to individually targeted donations.

Considerations

  • The charitable donor-advised fund should be under the ownership and control of a distinct sponsoring organization.

  • Donors must have advisory rights concerning the distribution and investment of assets in the fund.

Assumptions When Opting for the Donor-Advised Fund

  • The DAF is recognized as a 501(c)(3) charity.

  • Contributions are made in cash and not in the form of securities or appreciated assets.

Requirements to Claim the Donor-Advised Fund

  • The charitable donor-advised fund should be owned and controlled by a separately identified sponsoring organization.

  • Donors should have advisory privileges over the distribution and investment of the assets in the fund.

Conflicting Strategies

  • Private Foundation

Business Entities That Can Avail the Donor-Advised Fund

  • Individual

Conclusion:

The Donor-Advised Fund (DAF) continues to stand as a vital tool for philanthropic endeavors in 2023. Offering significant tax advantages, it promotes the culture of giving by allowing donors to make contributions to their preferred charities efficiently. The flexibility it offers, combined with the benefits of immediate tax deductions, makes it a preferred choice for individuals aiming to make a difference. As we navigate through the evolving financial landscape of 2023, the DAF remains a beacon for fostering charitable contributions, ensuring that generosity and altruism thrive in our society. It's imperative for potential donors to stay updated and seek expert advice to maximize the benefits of their charitable pursuits.

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