064: Exceptions to the DAF Definition Under the Proposed Regulations

Welcome to EO Radio Show - Your Nonprofit Legal Resource. Episode 64 continues the exploration of the new proposed regulations important to the administration of Donor Advised Funds. 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. Episodes 62 and 63 covered the basic rules that apply to sponsoring organizations and DAFs and looked closely at the defined terms in Proposed Regulations. In this episode, we cover the important exceptions to the DAF definitions that take certain funds held by sponsoring organizations out of the onerous penalty tax regime that can apply to the operations of DAFs.  Resources:  Federal Register: Taxes on Taxable Distributions From Donor Advised Funds Under Section 4966 EO Radio Show - EP 63: New Proposed Regulations Defining Donor Advised Fund Terms EO Radio Show - EP 62: An Introduction to DAFs and Overview of the Newly Proposed DAF Regulations EO Radio Show – EP 10: Nonprofit Basics: Setting up a New Charity for Disaster Relief EO Radio Show – EP 9: Nonprofit Basics: Charitable Support for Individuals Affected by a Disaster 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.