All of the commentators I've read (including the joint committee) have indicated that qualified charitable distributions count towards required minimum distributions. However, the PPA provision doesn't specifically address this issue. In fact, the RMD rules in IRC 401(a)(9) refer to distributions made "to such employee," and the qualified charitable distribution rules are quite careful to require that the distribution be made to the charitable organization and not to the employee. Can someone help me connect the dots here?

IMHO it will take a technical correction or at the very least a modification of the 401(a)(9) regs however (and as a local Denver Radio Talk Show Host says, "There is always a However") this is only a two year allowance. (18 mos actually) the IRS is so busy they probably won't get to it until this is all over. Also, the 1099R & 5498 instructions that were recently modified do not address this issue. My sources have told us that this type of distribution will be reported as a normal distribution andit will be up to the IRA account owner to justify the distribution similar to a rollover ( Lines 16a & 16b on the 1040) on his/her tax return.

Again, this is only my opinion and the dots are still uunconnected.