(Excerpted in part from the Independent Sector Web site):
On August 17, 2006, President Bush signed into law the recently passed pension reform bill H.R. 4 that includes a package of charitable giving incentives and safeguard measures.
"While the bill does not include all of the desired charitable incentives such as the non-itemizer deduction, the bill's giving incentives should attract needed resources to the nonprofit sector. The bill also contains a series of reforms designed to deter individuals who would use charitable organizations for personal benefit and to ensure that donations are used for charitable purposes.
"Among the charitable tax incentives included in the pension reform bill is an IRA rollover provision that allows individuals age 70 ½ and older to make charitable donations up to $100,000 from an IRA without having to count the donation as taxable income. This provision would be in effect for two years, allowing the charitable community to demonstrate its value as an incentive for increased giving that could be expanded in the future. The bill also provides expanded tax deductions for contributions of book and food inventory and qualified conservation contributions. The bill does not include a charitable deduction for taxpayers who do not itemize their deductions, despite the efforts of IS and a number of our member organizations."
Getting this provision passed is good news...in a better-than-nothing sort of way. The original proposal on the IRA Rollover was to get the right to give directly to charity without taking the money first into income starting at age 59 ½. It would have been a very powerful incentive to make the pension funds of the baby boom generation immediately available for charitable giving. The resulting legislation, however, has an interesting way of pushing out the real burden and benefit by raising the eligibility to age 70 ½. Nevertheless, we predict that it will be a popular enough provision to survive beyond its current expiration of 2007. That said, the nonprofit sector must stand up for its interests and not settle for an occasional bone. These incentives seem few and far between, not to mention watered-down and time delimited upon delivery. The IRA Charitable Rollover is only one of many suggestions for improving the state of charitable giving. Staying vigilant on matters of public policy affecting nonprofits and fundraising is extremely important.
As a note, besides Independent Sector, The Association of Fundraising Professionals (AFP) and the Council on Foundations also have excellent Web sites for understanding and tracking current legislative trends and policy pertaining to nonprofits and philanthropy.