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Legal Question of the Month with Ben McDearmon, Director of Legal Resources
Question: We had a fund advisor ask whether it is permissible for a designated fund to support a DAF as part of its set distributions. Is that allowed, and would it matter that the donors/advisors are the same for both the designated fund and the DAF?
Answer: Technically yes, we aren’t aware of any legal reason a designated fund couldn’t be set up to benefit a DAF, although it isn’t a common practice.
However, one potential area of concern is if it appeared a donor were trying to use that fund as a way to circumvent the prohibition on making QCDs from an IRA to a DAF. That is, the donor would make a distribution from an IRA to the designated fund (an eligible recipient of a QCD) which would ultimately pass funds through to the DAF (an ineligible recipient of a QCD). We’ve occasionally received questions about using designated funds to pass QCDs through to DAFs and have advised that while this might be compliant on paper it is clearly inconsistent with the intentions of the law and could appear to be an abuse of the QCD rules. We do not recommend using a designated fund to facilitate QCD transfers to DAFs.
Council members are able to send their questions to our Legal team for expert advice and analysis. You can take advantage of this member benefit by becoming a member today.
CF Insights Office Hours
Have questions about how your community foundation can best use CF Insights? Or about how to add CF Insights to your current Council membership? Connect with Council staff on Friday, November 17, during this interactive session to learn more about the program, including the latest data reflecting community foundations, and how to leverage the data available.
Register now to join Friday's session.
2024 Trainings on the Calendar!
The full schedule of 2024 Council trainings is on our Events page, and registration is open for all trainings through May!
If you're looking to take Community Foundation Essentials (CFE) Fundamentals, Legal Matters, Essentials of Policy Advocacy, or our brand new Global Grantmaking Essentials in 2024, take a look at the calendar and register today!
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