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US Restricts Patient Philanthropy by 2023

Question

Donor-advised funds (DAFs) are institutions with which an individual can open an account, contribute financial assets, and invest tax-free before disbursing to an eligible nonprofit. In the United States, DAF accounts are not subject to disbursement requirements; funds in DAF accounts can be reinvested indefinitely before they are disbursed, without the DAF or DAF account facing any penalties or losses of tax privileges.

On June 9, 2021, Senators Angus King (I-ME) and Chuck Grassley (R-IA) introduced the Accelerating Charitable Efforts Act, or "ACE Act". Among other provisions, the law would require newly created DAF accounts to spend the entirety of their funds within either 15 or 50 years in order for the account and its institutional sponsor to avoid tax penalties. A summary of the bill's provisions, as they currently stand, can be found here and the full text is here.

Will a federal law imposing disbursement requirements on donor-advised fund accounts pass in the United States before 2023?

This question will resolve if such a bill is signed into law before the end of December 31, 2022 (EST), even if it is scheduled not to come into effect until some later date. Further:

  • Disbursement requirements to either new or existing donor-advised fund accounts would resolve this question in the positive.
  • Tying donor-advised funds' tax privileges to disbursement scheduling criteria would resolve this question in the positive.

This question was suggested by Phil Trammel, and may affect decision-making on the Patient Philanthropy Fund and adjacent projects. It is a shorter term companion to this question. In addition to forecasts, comments are also very welcome.

Categories:
Law
Politics – US

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