The Latest on Qualified Charitable Distributions (QCDs)
By Joe Cicchinelli, IRA Technical Expert
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Many of you have asked us if Congress will reinstate Qualified Charitable Distributions (QCDs) for 2014. As of today they have not yet been reinstated for 2014, but that doesn’t mean Congress has forgotten about them. Here’s the latest on what’s happening.
Congressman David Camp (R- MI), who is also the Chairman of the House Ways and Means Committee, introduced the Tax Increase Prevention Act (H.R. 5771), which temporarily extends a number of expired tax provisions for one year. This legislation also includes an extension of QCDs from IRAs. Last week, on December 3, 2014, the House of Representatives passed H.R. 5771, but the Senate has yet to vote on it. And, assuming the Senate passes it, the legislation would then need to go to the President for his signature. With only a few weeks left in 2014, it’s anyone’s guess whether the legislation will become law this year.
QCDs, also known as charitable rollovers, were a way to make a charitable donation from your IRA on a tax-free basis as long as certain rules are followed. The IRA distribution will be tax-free as long as the money is paid (or transferred) directly to a qualifying charity. The distribution has to be made from an IRA only, including Roth IRAs and inactive SIMPLE and SEP IRAs. It does not apply to a company retirement plan such as a 401(k) plan. It applies to IRA owners or beneficiaries who are age 70 ½ or older at the time of the distribution and is capped at $100,000 per person per year. QCDs also will satisfy a required minimum distribution (RMD), but the IRA distribution is tax-free. So, if you’re giving money to charity anyway, you might want to consider using a QCD to do so, assuming Congress reinstates them.
Over the years, Congress has a history of allowing the QCD option to expire and then renewing it, usually retroactively, to the beginning of the year. Hopefully Congress will reinstate QCDs for 2014, but it’s important to remember that they haven’t done that yet. As always, we will keep you posted.