RMD-QCD-Annuity SECURE Act 2.0 Section 307 (see p 2237(!)
here) amends
IRC Section 408(d)(8) by adding a new subsection (F).
This new tax code provides for a QCD to any "split interest entity" (408(d)(8)(F)(ii)) including (I) a CRAT, (II) a CRUT, or (III) a charitable gift annuity. I haven't yet searched for mix-and-match restrictions, i.e. whether one can contribute to more than one gift annuity or, say a CRAT and a gift annuity. Fidelity seems to think that one cannot mix and match, though it is silent on making QCDs to two entities of the same type.
https://www.fidelitycharitable.org/articles/secure-act-2-0-retirement-provisions.htmlFidelity's page on charitable gift annuities says that they may have mins as low as $
5K but depending on the annuity the min could be much higher. OTOH, it also says that CRTs typically have mins of $2
50K which would exclude most of them from this new section of the tax code.
https://www.fidelitycharitable.org/guidance/philanthropy/charitable-gift-annuity.htmlA QCD donation to a split interest entity can only be done
in one tax year, similar to the restriction about using an IRA to fund an HSA. You're allowed to make multiple contributions in the same tax year. Keep in mind that if you want the QCD to apply to an RMD, then it must be made before other distributions (standard QCD/RMD rule).
I can understand the loophole about treating the full amount as a QCD even though one receives a taxable benefit later (what Yogi labeled as (i)). Any other treatment would make this whole thing too complicated - that you would get only a partial QCD exemption from taxes. And that would defeat the objective of using a QCD for RMD purposes.
QCD decision flowchart (showing where CGA, CRAT, CRUT fit in, and a paragraph on each).
RMD-QCD-Annuity A M* poster (
LINK) noted this new RMD-QCD-annuity,
https://ardweb.uchicago.edu/downloads/QCD_to_Fund_a_CGA_One_Pager_2023.pdfThis is modeled after the charitable remainder trust (CRUT/CRAT) with taxable funds. In these, basically (i) the donor gets immediate partial deduction for the imputed value of the "donation" (accounting for annuity "benefit"), and (ii) the payments to beneficiaries are taxable.
In the new RMD-QCD-annuity setup, only (ii) applies as (i) is not completely applicable. But I am surprised that the full amount is counted. So, if one has $
50K in this RMD-QCD-annuity, and $
50K in outright QCD, one gets some benefits back from the former. This does seem strange but it is more restrictive than CRUT/CRAT from taxable funds (e.g. beneficiaries can be the donor or spouse only, and other restrictions).
Edit/Add, 8/17/23. QCD can only be from T-IRAs, not from 401k/403b (but those can be rolled over into T-IRAs). Note the RMD age of 72+ and QCD age of 70+.
TCW departures or retirements And Howard Marks & a group left TCW before that (1995; founded Oaktree)). In fact, Howard Marks helped Jeffrey Gundlach a LOT (2009) by providing most of the the initial costs to set up DoubleLine (new fund registrations, new office, some basic payments to 12+ people who also quit with Gundlach) - a check for around $20 million for 20% stake in something that may have gone nowhere. But it all turned out good and Marks became a lot more richer.