In our December 2020 blog post (
“It’s Time for Foundations and Donor Advised Funds to Give More!”) we urged readers to sign a petition asking Congress to change the tax code to channel billions of dollars to worthy causes – dollars that are warehoused in Donor Advised Funds (DAFs), where they can remain forever under current tax rules.
The GOOD NEWS is that a bipartisan bill has been introduced in the US Senate known as the “Accelerating Charitable Efforts Act” or the “ACE Act,” which will change the rules for DAFs.
What’s In the Act
The ACE Act goes right to the heart of the issue with DAFs. Under the current Internal Revenue Code, donors receive a tax deduction when they contribute money to their DAF. But there is no incentive for them to ever distribute these funds. As a result, this money is only benefitting the financial institutions that manage it, not the charitable organizations that should receive it.
According to the Associated Press: “That criticism has helped drive a Senate bill that would tighten the rules for DAFs and aim to speed the transfer of donations to charities. The bill, introduced by Sens. Angus King, a Maine independent, and Chuck Grassley, an Iowa Republican, appears to be gaining bipartisan support in Congress.”
The provisions of the ACE Act are hardly onerous, and only apply to DAFs over $1 million. Wealthy donors will still be able to take tax deductions upfront, but they must distribute DAF funds in a timely manner.
Why it Matters
As the holder of a DAF myself, I’m mystified that any donor would choose not to distribute their funds, especially as the money can’t be use for anything else.
But that’s what’s happening: There’s an estimated $142 billion sitting idle in DAFs – money that could be doing so much good in the hands of charitable organizations.
Opposition to the Act
Sadly, not everyone supports the ACE Act. An appalling number of foundation and nonprofit leaders want to retain what amounts to a pointless tax deduction for wealthy donors – instead of channeling much needed funds to organizations that support the most vulnerable among us.
Opponents of the Act claim that tighter restrictions on DAFs are unnecessary because the average annual payout rates are around 20% – way above the 5% that’s required for private foundations.
But that 20% number is deceptive. Some donors send a large percentage of their funds to charities every year, and their DAFs are essentially a pass-through. Others give nothing at all, and legally they can do nothing for decades.
Again, according to the Associated Press, “A June report by the Council of Michigan Foundations showed that 35% of DAFs sponsored by Michigan community foundations distributed no money in 2020, a year marked by enormous need because of the viral pandemic.”
Revising DAF tax breaks is more important than ever. In the past decade, there’s been a 300% growth in DAF accounts. More than 12% of charitable donations now go into DAFs. The more money that flows into DAFs, the greater the need to require disbursement.
From what I’ve seen,, the bill’s main opponents are for-profit companies and other entities that garner a percentage of every dollar that is sitting in a DAF. If DAFs paid out more money, there would be less money to collect these fees on. Personally, as a DAF holder, I want my money to go to worthy causes, not financial institutions!
Voice Your Support on Social Media
If you agree that the ACE Act is ultimately in everyone’s best interest, show your support on social media. Raise awareness by publicly calling out the ACE Act’s opponents in Congress.
Here are suggestions for what to say and which representatives to focus on: