063: New Proposed Regulations Defining Donor Advised Fund Terms

Welcome to EO Radio Show - Your Nonprofit Legal Resource. Episode 63 explores new proposed regulations important to the administration of Donor Advised Funds (DAFs). The Internal Revenue Service and the Treasury Department published a Notice of proposed rulemaking on November 13, 2023, which was officially published in the Federal Register on  November 14, 2023. The Proposed Regulations provide guidance to sponsoring organizations, which include community foundations and many other types of charities that maintain one or more DAFs. The Proposed Regulations are also important for persons involved with DAFs, including the donors, the donor advisors, related persons, and certain fund managers. In the previous EO Radio Show, episode 62, I introduced the basic rules that apply to sponsoring organizations and DAFs and a brief summary of the highlights in the Proposed Regulations. This episode looks closely at the defined terms in Proposed Regulations sections 53.4966-1 and -3 and includes a brief summary of the highlights in the Proposed Regulations. In upcoming episodes, we'll discuss the exceptions to the definition of a DAF, and the penalties that can apply if a DAF makes taxable distributions. Resources: Federal Register: Taxes on Taxable Distributions From Donor Advised Funds Under Section 4966 EO Radio Show EP 62: An Introduction to DAFs and Overview of the Newly Proposed DAF Regulations EO Radio Show EP 61: In the Weeds With New Supporting Organization Regulations EO Radio Show EP 23: Nonprofit Basics: Supporting Organizations - Part 1 EO Radio Show EP 24: Nonprofit Basics: Supporting Organizations Part 2 - Orientation for Understanding Type III Supporting Organizations If you have suggestions for topics you would like us to discuss, please email us at [email protected].  Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion.