Study of Donor Advised Funds and Supporting Organizations

In Notice 2007-21, Treasury and the IRS requested comments on issues relating to the organization and operation of donor advised funds and supporting organizations as part of a study required by the Pension Protection Act. 

The Notice identified the following issues for public comment:

  1. Whether charitable contribution deductions are appropriate in light of the use of assets contributed to these organizations
  2. Whether donor-advised funds should be required to distribute a specified amount for charitable purposes
  3. Whether retaining certain rights with respect to transferred assets (including advisory rights with respect to making grants or investing assets) is consistent with treating the transfers as completed gifts
  4. Whether issues identified in paragraphs 1-3 are also issues for other forms of charities or charitable donations.
  5. The advantages and disadvantages of these organizations, compared to other charitable giving arrangements
  6. How to determine the amount of a charitable contribution deduction for transfers to these organizations if the transferor retains certain rights, receives certain benefits, or the property is not readily convertible to cash
  7. The effects of new legislative provisions (including applying excess benefit transaction taxes) on the practices of these organizations and their donors
  8. Appropriate payout requirements for these organizations
  9. Advantages and disadvantages of perpetual existence for these organizations
  10. Whether issues identified in paragraphs 5-9 are also issues for other types of charitable giving arrangements.

View the comments of the Council on Foundations here (April 9, 2007).

View the comments of Independent Sector to the exempt organizations provisions of the Pension Protection Act here (August 8, 2007).