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Changes to Donor Advised Funds and Private Foundations

This act modifies rules for donor advised funds (DAFs) and private foundations, affecting how charitable contributions are deducted and when funds must be distributed. The goal is to accelerate the flow of charitable donations to recipient organizations. It also changes rules regarding administrative expenses for private foundations and their support for other organizations.
Key points
Restrictions on deducting contributions to DAFs – deductions will only be allowed after the funds are actually distributed to charities.
Introduction of new DAF types: qualified DAFs (requiring distribution within 14 years) and qualified community foundation DAFs (with value limits or a 5% annual payout requirement).
Financial penalties for DAFs that fail to distribute contributions within specified timeframes (6 or 49 years, depending on the fund type).
Limitations on private foundations counting administrative expenses paid to disqualified persons as qualifying distributions.
Prohibition on private foundation distributions to DAFs being treated as qualifying distributions, unless the funds are promptly distributed further.
Exemption from investment income tax for private foundations making significant qualifying distributions (at least 7% of assets) or having a limited duration (up to 25 years).
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Additional Information
Print number: 117_HR_6595
Sponsor: Rep. Pingree, Chellie [D-ME-1]
Process start date: 2022-02-03