Bailout Extra – Includes IRA Charitable Rollover

The “Bailout” which is what the public calls The Emergency Economic Stabilization Act of 2008 (H.R. 1424) passed the House and was signed by President Bush on October 3, 2008.  Lot and lots of little “additions” appeared – plus lots of “pork.”

Good news for charities – the law extends the IRA Charitable Rollover which allows individuals who are over age 70 to transfer up to $100,000 per year to charities form their IRAs.  It is now applicable for 2008 and 2009.

The charitable rollover is available only for outright gifts to charities, not split interest gifts like charitable remainder trusts. There are four requirements: (1) the IRA gift must otherwise have been includible ordinary income to the IRA owner, (2) the IRA owner must be 70 ½ or older, (3) the gift must be to a qualified exempt public charity, and (4) the recipient may not be a private foundation, supporting organization or donor advised fund.

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