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Quid Pro Quo Isn’t Just a Political IssueQuid Pro Quo Isn’t Just a Political Issue

Not following the charitable gift QPQ rules means trouble for charities and donors.

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Conrad Teitell, Rachel B.G. Shermanand 1 more

April 22, 2020

18 Min Read
te0520-teitell Getty Images.jpg

Taxwell Smart, over age 70½, directs his individual retirement account’s $100,000 required minimum distribution (RMD) for the year to be distributed to his college. That $100,000 isn’t deductible as a charitable gift. But, it isn’t taxable. That’s the equivalent of a charitable deduction.1 To qualify for this favorable tax treatment, the donor must be 70½ or older.2 

Taxwell’s entire distribution must be paid to the charity with no quid pro quo (QPQ). (See “Definition,” this page.) Thus, if a donor receives (or is entitled to receive) a chicken dinner in connection with the transfer to the charity from her IRA, the exclusion isn’t available for any part of the IRA distribution. So, don’t “fowl up” an otherwise tax-free IRA distribution wi...

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About the Authors

Conrad Teitell

President, Taxwise Giving

Conrad Teitell, A.B., LL.B., LL.M., 98.6. Chairman, National Charitable Planning Group, Cummings & Lockwood, Stamford Conn. For information about Conrad Teitell's publications and lectures visit taxwisegiving.com.

Rachel B.G. Sherman

Principal, Cummings & Lockwood LLC

Rachel B.G. Sherman is a Principal in Cummings & Lockwood’s Private Clients Group and is based in the Stamford office. She joined the Firm in 1999. Rachel works with high net worth individuals and families to address their estate planning needs, including the preparation of wills and trusts, tax planning, multi-generational planning, planning for retirement benefits and real estate holdings, gifting and preparation of gift tax returns. Rachel also focuses her practice on estate administration and trust administration, where she advises and assists families through the estate settlement process, handles probate court matters and provides guidance and legal services to fiduciaries.

Katherine Cotter Gent

Katherine (“Kacie”) Cotter Gent is an Associate in Cummings & Lockwood’s Private Clients Group and is based in the Greenwich office. Kacie joined Cummings & Lockwood in 2016 and focuses her practice on estate planning, which includes the drafting of Wills, Revocable and Irrevocable Trusts, Powers of Attorney and Health Care documents. She also advises high net worth individuals on estate and taxation issues, including estate and gift tax planning, generation-skipping transfer tax planning and income tax planning. In addition, Kacie has experience with estate and trust administration, in which she represents Executors/Personal Representatives and Trustees and assists such fiduciaries throughout the estate and trust administration process.

Prior to joining Cummings & Lockwood, Kacie served as a Legal Intern with various organizations, including the U.S. Securities and Exchange Commission, Pratt & Whitney, the Office of the Connecticut Attorney General and the U.S. House of Representatives.