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EFTA00598316

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U.S. Master Tax Guide (2011), 610. Donor Advised Funds A charitable organization under Code Sec. 501(c)(3) (other than a private foundation) may establish a donor advised fund which is a separate account identified by reference to contributions made by a donor to the organization under which the donor (or person appointed by the donor) reasonably expects to provide nonbinding advice regarding distributions or investments ( Code Sec. 4966(d)(2)). la The donor may be entitled to a charitable deduction for contributions to a donor advised fund ( ¶1061), but only if the sponsoring organization legally owns and controls the contributions. For this purpose, a donor advised fund does not include any fund that only makes distributions to a single identified organization or governmental entity, or a fund that allows the donor to provide advice as to which individuals receive grants for travel, study, or similar purposes through a committee which is appointed by the sponsoring organization and is not controlled by a donor or group of donors with advisory privileges, and under which all grants are made on an objective and nondiscriminatory basis. The IRS has discretionary authority to exempt a fund or account from treatment as a donor advised fund. The charitable organization must provide information to the IRS when it applies for tax-exempt status ( ¶623) whether it maintains or intends to maintain the donor advised fund, and the manner in which it plans to operate those funds ( Code Sec. 508(f)). 19 An excise tax is imposed on any "taxable distribution" from a donor advised fund which is any distribution to a natural person or to any other person if the distribution is for any purpose other than an exempt purpose under Code Sec. 501(c)(3) ( ¶610) ( Code Sec. 4966). ?.Q. It also includes any distribution to a disqualified supporting organization ¶607), unless the sponsoring organization exercises responsibility for the distribution (see Rev. Proc. 2009-32). A

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