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Gifts of Retirement Plan Assets
The Emergency Economic Stabilization Act of 2008 has extended the terms of the Pension Protection Act of 2006 which allow the IRA Charitable Rollover.

Terms
Individuals age 70.5 or older can transfer funds tax-free from a traditional or Roth IRA directly to a qualified public charity like SPLC and the distribution will not be counted as income for the IRA owner.

To make a tax-free 2008 IRA gift to SPLC:

  • Contact your IRA Manager now (before you receive your minimum distribution for 2008 if you want it to be excluded from this year's income)
  • Complete required forms or paperwork, specifying the distribution be sent directly to the Southern Poverty Law Center, Inc., 400 Washington Ave., Montgomery, AL 36104, Tax ID 63-0598743
  • Request that the gift be identified as a qualified distribution from you
  • Limit the gift to $100,000 or less (per IRA owner)
  • Complete the gift by December 31, 2008

Benefits
If you make a qualified 2008 charitable rollover gift in this way, you will not be required to report the IRA distribution as taxable income. Note that you will not be entitled to claim an income tax charitable deduction for the gift since it will not be treated as income.

If you are 70.5 and must make mandatory withdrawals from your retirement plan, you can use the rollover gift to satisfy that requirement without incurring income tax consequences. This may be beneficial by keeping you in a lower tax bracket, perhaps even with more favorable social security benefits.

IRA rollover gifts are not bound by the charitable contribution limitations of 50 percent of adjusted gross income for cash or 30 percent of AGI for capital gain assets. You can reduce your taxable estate faster by taking advantage of both rollover gifts and charitable contributions. Create a living legacy that avoids taxes "with a warm hand."

Unfortunately, the new law still does not permit a tax-free transfer for a deferred charitable giving arrangement such as a charitable gift annuity or charitable remainder trust.

If you have any questions or need additional information, please call the planned giving department toll free at 1-888-414-7752 or contact us online.

We recommend consulting with your attorney or tax advisor about the various tax benefits and restrictions that may apply to your specific situation. We are available to you and your advisors to answer questions or help arrange a planned gift to the Center. The Center's future programs depend on the partnerships we form today.