For many years, the U.S. tax code has incentivized individuals to give to charitable causes by allowing an itemized deduction for charitable contributions. Although the amount that an individual could deduct was limited to a certain percentage of their Adjusted Gross Income (AGI) based on the type of property contributed and the type of organization it was contributed to, any contribution made within those limits could be deducted dollar-for-dollar to reduce the taxpayer's taxable income.
However, under the One Big Beautiful Bill Act (OBBBA), passed in 2025, two new rules are set to come into effect for the 2026 tax year that will reduce the tax benefits that individuals receive from making charitable contributions. The first is a new 'floor' on charitable deductions that reduces a taxpayer's charitable deduction by 0.5% of their AGI (and if total contributions don't exceed 0.5% of AGI, the deduction is reduced to zero). And the second is a reduction of taxpayers' cumulative itemized deductions by a factor of 2/37ths, which takes effect only for taxpayers whose taxable income (before itemized deductions) exceeds the threshold for the top 37% Federal tax bracket.
The overall effect of the new limitations will be to slightly reduce the tax benefits of giving to charity – but only slightly, given how small the 0.5%-of-AGI floor and 2/37ths reductions are relative to the taxpayer's total income. However, the limitations will have a more noticeable effect on the ability to deduct charitable contributions for higher-income households, where the 0.5%-of-AGI floor creates a higher hurdle for deducting contributions – to the extent that for donations of smaller sizes, higher-income taxpayers might receive less of a hard-dollar tax benefit than lower-income taxpayers, despite being in a higher bracket! However, the tax benefits of charitable contributions steadily increase in favor of higher-income households for donations of bigger sizes. Which ultimately means that, rather than disincentivizing charitable contributions for higher-income households, OBBBA's new limitations actually incentivize taxpayers to contribute more as income level increases.
Although the relative impact of the new charitable contribution limitations isn't large enough to meaningfully change many individuals' giving plans, there are steps that can be taken to minimize their effect. One is to 'bunch' together several years' worth of charitable contributions into a single year to avoid being subjected to the 0.5%-of-AGI floor over multiple years, which can be aided by using a donor-advised fund (DAF) which decouples the timing of the taxpayer's contribution (and corresponding deduction) from that of the ultimate grant disbursement to another charity. Taxpayers who don't itemize their deductions every year can take advantage of a new charitable deduction for non-itemizers of up to $2,000 that was also created under OBBBA, and which isn't subject to the 0.5%-of-AGI floor or the 2/37ths reduction for itemized deductions. And IRA owners over age 70 1/2 can consider making Qualified Charitable Distributions (QCDs) instead of deductible charitable contributions, which for individuals taking RMDs can reduce the amount of RMD income the owner is required to recognize, and at the very least can reduce the amount of future RMDs the owner needs to take.
Ultimately, while charitable giving is often done with selfless intention, tax implications commonly play a role from a financial planning standpoint as well. And so while OBBBA's new rules may not require a complete overhaul of most individuals' charitable strategies, advisors who engage in careful planning can help their charitably inclined clients get the most out of their giving!
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