“I would say 2020 is the best year in recent memory for making charitable gifts, if you’re able to.”
- Attorney Andrew Knutson of Sioux Falls’ Thompson Law summarizes this year’s enhanced charitable
giving incentives.
“We have incredibly favorable existing tax laws, but then the CARES Act, which was passed in March, amplifies that. The CARES Act enacted two primary changes to the gifting laws for gifts made before December 31, 2020.
In 2020, Smaller Gifts Aren’t Getting Lost in the Shuffle
First, the CARES Act says that for the over 90% of people who do not itemize their deductions, mainly because how high the standard deduction is now, those individuals can deduct donations to charity up to $300 per person.
If you’ve given up to $300 this year ($600 married filing jointly) you can take that as a deduction on top of the standard deduction, which saves tax money. It’s for people who may say, ‘I’m not in a position to be giving thousands, but I did make a contribution as part of the pledge drive – and it’s a couple hundred dollars.’ Normally that gift would likely be lost in the shuffle. But now you can add that on top of the standard deduction – reducing your taxable income.
60% Adjusted Gross Income Cap Upped to 100%
The other aspect of the CARES Act was that for people thinking about making a large gift this year, the CARES Act upped the amount of charitable deduction you can take. In a typical year, if you were going to give a large charitable gift, you could only deduct up to 60% of your adjusted gross income (AGI).
Just for this year, they’re moving that cap from 60% to 100%. So, large charitable gifts could result in your owing zero income tax this year. Corporations also got their cap lifted as well, if you’re an owner of a corporation looking to give. Note that the 100% limit applies only to gifts made directly to charitable organizations, like SDPB, not to contributions to donor-advised funds or private foundations.
Seniors & Retirees Not Required to Take Minimum Distributions
Another thing that makes this year especially good is if you’re older and have an IRA or 401K, the CARES Act says that we do not have to take our required minimum distributions this year, the RMDs.
If you’re over 70½ right now and were having to take RMDs from your traditional IRA or 401K, then you know when you take that money out, you pay income taxes on it. If you do not need the RMDS, you could take distributions from your IRA for gifting to charity. You can offset any taxes by the charitable deduction. Again, in 2020, you’re not obligated to take your RMDs.
Another option is to make a ‘qualified charitable distribution’ directly from your retirement account to a charity, up to $100,000, tax-free.
Also, if you’re 59½ or older, and going to take a withdrawal from your IRA, you wouldn’t pay a penalty for doing so. You’d still pay income tax on it. So this year, some people are thinking, well, if I convert my IRA to a Roth, or if I take money out of my retirement account, I could offset that tax bite with a charitable contribution. Because again, we can deduct up to a hundred percent.
It’s easy to get deep into the weeds whenever you’re talking tax laws like this. But it boils down to the fact that the tax laws are as favorable as they will be for the foreseeable future. And coming 2021 and beyond, we expect that to change and be less favorable from a tax perspective.”
Visit SDPB.org/friends for more info or call 605-677-5861.