BDQ #4: Why Is There a Charitable Deduction and How Does It Work?

The income tax charitable deduction has been around since 1917, just four years after the 16th Amendment created the modern Federal Income Tax. But why are charitable contributions deductible? And, can a donor actually save money by making a charitable contribution? First, let’s review the history of the income tax, then we’ll explore how the charitable deduction works in practice. The Federal Income Tax The Constitution limited the ability of Congress to impose taxes by requiring that “direct taxes” be levied in proportion to each State’s population. Direct taxes are those, such as the income tax, that apply directly to persons or property. However, there was no limitation on indirect taxes, those that apply to an event including duties and tariffs. As a result, during our nation’s first century, tariffs were the largest source of Federal revenue.

What's the Impact of Rising Discount Rates on Charitable Deductions?

In May, the IRS discount rate (also known as the AFR, or Applicable Federal Rate) made its largest monthly increase since June 2004, rising from 2.2% to 3.0%. Your donors might be viewing this increase with dismay, as it makes new debt more expensive, from credit cards to home mortgages. But there is a reason to celebrate this increase, as it also increases the charitable deduction for the most popular life income gifts: charitable gift annuities and charitable remainder trusts.

The Universal or Above the Line Income Tax Charitable Deduction

The Tax Cuts and Jobs Act of 2017 (the Tax Act) doubled the standard deduction and capped deductions on state and local taxes at $10,000, while retaining the income tax charitable deduction. The doubling of the standard deduction and capping state and local taxes means far fewer taxpayers will itemize their deductions on Schedule A of Form 1040. Fewer itemizers will mean fewer people benefiting from the itemization of their charitable deductions. The Council on Foundations is predicting a drop of $16B - $24B in charitable giving off a base of $390B. That’s about a 5% drop. A study by the Lilly Family School of Philanthropy projects a potential decline in charitable giving of 1.7% to 4.6%.

Year-End Reminder - What a Difference a Day Makes

What prompts the flurry of calendar year-end gifts? That all important – to many of your donors – current year charitable deduction. A day late, a gift made on January 1st rather than December 31st, and the deduction is “lost” for a year. Of course, a day can make a difference throughout the year, by changing what discount rate is used for calculating the deduction or in determining the amount of a first gift annuity payment. But it is of particular significance at year-end.