H.R. 2909House117th Congress (2021-2023)In Committee

To amend the Internal Revenue Code of 1986 to allow a one-time election for a qualified charitable distribution to a split-interest entity and to inflation adjust the limits for qualified charitable distributions.

Introduced April 30, 2021

AI-Generated Summary

Updated February 8, 2026 at 2:31 AM UTC

The bill lets individuals make a one‑time qualified charitable distribution (QCD) from an IRA directly to certain split‑interest charities and updates the dollar limits for QCDs each year for inflation. It applies to IRA owners who want to give to charitable remainder trusts, unitrusts, or charitable gift annuities, and it changes how those gifts are treated for tax purposes.

Key Provisions

  • Allows a one‑time election for a QCD to a split‑interest entity, provided the taxpayer hasn’t used the election before and total QCDs that year don’t exceed $50,000
  • Defines split‑interest entities as charitable remainder annuity trusts, charitable remainder unitrusts, or charitable gift annuities that are funded only by QCDs and meet specific payment timing rules
  • Requires that a QCD to these entities be fully deductible under the regular charitable contribution rules for the remainder interest or, for gift annuities, deductible after subtracting the annuity’s value
  • Limits the income interest in the split‑interest entity to the account holder (or spouse) and makes that interest non‑assignable
  • Specifies special tax treatment: distributions from the trusts are taxed as ordinary income to the beneficiary, and QCDs funding a gift annuity are not treated as an investment under section 72(c)
  • Adds an inflation‑adjustment rule that increases the dollar limits for QCDs each year after 2022 based on the cost‑of‑living index, rounding to the nearest $1,000
  • Sets the amendment to apply to distributions in taxable years ending after the law’s enactment

Legislative Activity

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1 earlier action
HouseIntro Referral Latest Action

Referred to the House Committee on Ways and Means.

April 30, 2021

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HouseIntro Referral

Introduced in House

April 30, 2021

HouseIntro Referral

Referred to the House Committee on Ways and Means.

April 30, 2021

Floor Debate

24 members

What members said about H.R. 2909 on the floor

12 Republicans12 Democrats
Richard E. Neal
Rep. Richard E. NealD-MA-1 · Mar 29, 2022

Madam Speaker, I move to suspend the rules and pass the bill (H.R. 2954) to increase retirement savings, simplify and clarify retirement plan rules, and for other purposes, as amended. Madam Speaker,…

Kevin Brady
Rep. Kevin BradyR-TX-8 · Mar 29, 2022

Madam Speaker, I yield myself such time as I may consume. Madam Speaker, I am pleased to join with my friend, Chairman Rich Neal, in jointly reintroducing SECURE 2.0, which will help hardworking…

Rick W. Allen
Rep. Rick W. AllenR-GA-12 · Mar 29, 2022

Madam Speaker, I yield myself such time as I may consume. Madam Speaker, I rise today in support of H.R. 2954, which includes the text of the Education and Labor Committee's bipartisan Retirement…

Robert C. "Bobby" Scott
Rep. Robert C. "Bobby" ScottD-VA-3 · Mar 29, 2022

Madam Speaker, I yield myself such time as I may consume. Madam Speaker, I rise in support of H.R. 2954, the Securing a Strong Retirement Act of 2022, which incorporates the bipartisan Retirement…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Mar 29, 2022

Madam Speaker, I rise in strong support of H.R. 2954, the Securing a Strong Retirement Act of 2021, which will make various changes with respect to employer-sponsored retirement plans, including…

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Thomas R. Suozzi
Rep. Thomas R. SuozziD-NY-3 · Mar 29, 2022

Madam Speaker, I rise in support of the Securing a Strong Retirement Act of 2022. Everyone can agree that the American Dream should be achievable for anyone willing to work hard. The American Dream…

Kathy E. Manning
Rep. Kathy E. ManningD-NC-6 · Mar 29, 2022

Madam Speaker, I thank Chairman Scott for yielding me this time. Madam Speaker, I rise in strong support of the Securing a Strong Retirement Act. Today, too many workers face difficulty saving for…

Earl Blumenauer
Rep. Earl BlumenauerD-OR-3 · Mar 29, 2022

Madam Speaker, I appreciate the chairman's courtesy for permitting me to speak on this issue and his leadership on an issue that concerns us all. We are facing a retirement crisis in this country.…

Virginia Foxx
Rep. Virginia FoxxR-NC-5 · Mar 29, 2022

Madam Speaker, I thank my colleague from Georgia for yielding me time. H.R. 2954 includes the text of the RISE Act, a bill that I am proud to lead with Chairman Scott of the Education and Labor…

Mark DeSaulnier
Rep. Mark DeSaulnierD-CA-11 · Mar 29, 2022

Madam Speaker, Americans are living longer than ever before--about 30 years longer, on average, than a century ago. To quote the founder of the Stanford Center on Longevity, ``longevity is . . .…

Vern Buchanan
Rep. Vern BuchananR-FL-16 · Mar 29, 2022

Madam Speaker, I rise today in strong support of H.R. 2954, the Securing a Strong Retirement Act, also known as SECURE 2.0. It is a sad reality that today too many hardworking Americans enter…

Suzanne Bonamici
Rep. Suzanne BonamiciD-OR-1 · Mar 29, 2022

Madam Speaker, I thank Chairman Scott for yielding, and I thank him for his leadership on this and so many important issues in the Education and Labor Committee. I rise in strong support of the…

Ron Kind
Rep. Ron KindD-WI-3 · Mar 29, 2022

Madam Speaker, I rise in strong support of Securing a Strong Retirement Act, or SECURE 2.0, as it is being referred to. This falls on the heels of passage of the SECURE Act roughly 2 years ago, to…

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Danny K. Davis
Rep. Danny K. DavisD-IL-7 · Mar 29, 2022

Madam Speaker, I strongly support the Securing a Strong Retirement Act because it will strengthen the retirement coverage and savings of millions of Americans. I applaud the many provisions included…

Mike Kelly
Rep. Mike KellyR-PA-16 · Mar 29, 2022

Madam Speaker, I think we should mark this down, March 29, 2022, the day that the people who were elected and came to represent our folks back home actually got together and did something on the…

Fred Keller
Rep. Fred KellerR-PA-12 · Mar 29, 2022

Madam Speaker, I thank the gentleman from Georgia. I rise in support of the Securing a Strong Retirement Act. As part of the Education and Labor Committee, our goal is to provide employers and…

Tim Walberg
Rep. Tim WalbergR-MI-7 · Mar 29, 2022

Madam Speaker, I rise in support of the Securing a Strong Retirement Act. As an entire generation moves closer to retirement, we must ensure our laws are up to date to help Americans achieve their…

Darin LaHood
Rep. Darin LaHoodR-IL-18 · Mar 29, 2022

Madam Speaker, I rise today in support of SECURE 2.0. As a member of the Ways and Means Committee, I thank Chairman Neal and Ranking Member Brady for their bipartisan work on this legislation that…

Ron Estes
Rep. Ron EstesR-KS-4 · Mar 29, 2022

Madam Speaker, today I rise in support of SECURE 2.0. Since my time as Kansas State Treasurer and a member of the Ways and Means Committee, increased retirement security for Americans of all ages has…

Donald S. Beyer, Jr.
Rep. Donald S. Beyer, Jr.D-VA-8 · Mar 29, 2022

Madam Speaker, I rise today to speak in support of the bipartisan Securing a Strong Retirement Act which includes the Legacy IRA Act. This legislation, led by my colleague Mike Kelly and I, would…

David Schweikert
Rep. David SchweikertR-AZ-6 · Mar 29, 2022

Madam Speaker, it is neat to see us actually have something that we are all doing together. A bit of trivia, at the end of this decade, 22 percent of our population will be 65 or older. Retirement…

Gregory F. Murphy
Rep. Gregory F. MurphyR-NC-3 · Mar 29, 2022

Madam Speaker, I rise today in support of SECURE Act 2.0. When our military members pledge a commitment to the United States, we promise, in return, to care for them and their families. As the proud…

Adrian Smith
Rep. Adrian SmithR-NE-3 · Mar 29, 2022

Madam Speaker, I am glad we are finally considering SECURE 2.0, which will help every American family save. The Savers Credit improvements in this bill will help low-income families start putting…

Mike Thompson
Rep. Mike ThompsonD-CA-5 · Mar 29, 2022

Madam Speaker, I thank Chairman Neal and Ranking Member Brady for their hard work on this important piece of legislation. The Securing a Strong Retirement Act of 2021 is bipartisan legislation that…

Bill Text

Latest available legislative text

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Introduced in HouseIssued April 30, 2021

I

117th CONGRESS

1st Session

H. R. 2909

IN THE HOUSE OF REPRESENTATIVES

April 30, 2021

Mr. Beyer (for himself and Mr. Kelly of Pennsylvania) introduced the following bill; which was referred to the Committee on Ways and Means

A BILL

To amend the Internal Revenue Code of 1986 to allow a one-time election for a qualified charitable distribution to a split-interest entity and to inflation adjust the limits for qualified charitable distributions.

1.

One-time election for qualified charitable distribution to split-interest entity; increase in qualified charitable distribution limitation

(a)

One-Time election for qualified charitable distribution to split-Interest entity

Section 408(d)(8) of such Code is amended by adding at the end the following new subparagraph:

(F)

One-time election for qualified charitable distribution to split-interest entity

(i)

In general

A taxpayer may for a taxable year elect under this subparagraph to treat as meeting the requirement of subparagraph (B)(i) any distribution from an individual retirement account which is made directly by the trustee to a split-interest entity, but only if—

(I)

an election is not in effect under this subparagraph for a preceding taxable year,

(II)

the aggregate amount of distributions of the taxpayer with respect to which an election under this subparagraph does not exceed $50,000, and

(III)

such distribution meets the requirements of clauses (iii) and (iv).

(ii)

Split-interest entity

For purposes of this subparagraph, the term split-interest entity means—

(I)

a charitable remainder annuity trust (as defined in section 664(d)(1)), but only if such trust is funded exclusively by qualified charitable distributions,

(II)

a charitable remainder unitrust (as defined in section 664(d)(2)), but only if such unitrust is funded exclusively by qualified charitable distributions, or

(III)

a charitable gift annuity (as defined in section 501(m)(5)), but only if such annuity is funded exclusively by qualified charitable distributions and commences fixed payments of 5 percent or greater not later than 1 year from the date of funding.

(iii)

Contributions must be otherwise deductible

A distribution meets the requirement of this clause only if—

(I)

in the case of a distribution to a charitable remainder annuity trust or a charitable remainder uni­trust, a deduction for the entire value of the remainder interest in the distribution for the benefit of a specified charitable organization would be allowable under section 170 (determined without regard to subsection (b) thereof and this paragraph), and

(II)

in the case of a charitable gift annuity, a deduction in an amount equal to the amount of the distribution reduced by the value of the annuity described in section 501(m)(5)(B) would be allowable under section 170 (determined without regard to subsection (b) thereof and this paragraph).

(iv)

Limitation on income interests

A distribution meets the requirements of this clause only if—

(I)

no person holds an income interest in the split-interest entity other than the individual for whose benefit such account is maintained, the spouse of such individual, or both, and

(II)

the income interest in the split-interest entity is nonassignable.

(v)

Special rules

(I)

Charitable remainder trusts

Notwithstanding section 664(b), distributions made from a trust described in subclause (I) or (II) of clause (ii) shall be treated as ordinary income in the hands of the beneficiary to whom the annuity described in section 664(d)(1)(A) or the payment described in section 664(d)(2)(A) is paid.

(II)

Charitable gift annuities

Qualified charitable distributions made to fund a charitable gift annuity shall not be treated as an investment in the contract for purposes of section 72(c).

.

(b)

Inflation adjustment

Section 408(d)(8) of such Code, as amended by subsection (a), is amended by adding at the end the following new subparagraph:

(G)

Inflation adjustment

(i)

In general

In the case of any taxable year beginning after 2022, each of the dollar amounts in subparagraphs (A) and (F) shall be increased by an amount equal to—

(I)

such dollar amount, multiplied by

(II)

the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2021 for calendar year 2016 in subparagraph (A)(ii) thereof.

(ii)

Rounding

If any dollar amount increased under clause (i) is not a multiple of $1,000, such dollar amount shall be rounded to the nearest multiple of $1,000.

.

(c)

Effective date

The amendment made by this section shall apply to distributions made in taxable years ending after the date of the enactment of this Act.