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CCH® PENSION AND BENEFITS — 11/30/06

IRS issues procedures for changing public charity classification, allowing charitable contributions from IRAs under the PPA

The IRS has issued procedures for a 501(c)(3) tax-exempt organization to change its public charity classification in response to changes made by the Pension Protection Act of 2006 (PPA; P.L. 109-280). The PPA permits specified individuals to make contributions from their IRAs to certain public charities without including the amounts in the contributor's income. Under the PPA, distributions to private foundations described in Code Sec. 509(a)(3) that are made from an IRA are not excludable from the IRA holder's income, so reclassification from Code Sec. 509(a)(3) status to Code Sec. 509(a)(1) or Code Sec. 509(a)(2) status may be advantageous. The IRS has stated that there will be no fee for a determination letter indicating whether or not the change in public charity classification has been made.

For more information on this and related topics, consult the CCH Pension Plan Guide.

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