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Charitable Giving under the New Tax Law

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    Many Donors Should Consider a 'Charitable Gift Trust' or 'Donor Advised Fund'

    Published by Wiley, Typically, taxpayers choose whichever is higher and gives them a better tax break. Before the most recent changes to the tax code, about 30 percent of Americans itemized, according to the Tax Foundation. Taxpayers who itemize can still deduct up to 50 percent of their adjusted gross income with charitable contributions. But several other deduction limits did change. Mortgages that existed before Dec. Those drops, combined with the increase in the standard deduction, make it harder for taxpayers to have itemized deductions that are larger than the standard deduction, said Manoj Viswanathan, a tax expert at the University of California, Hastings College of Law.

    The Council on Foundations predicts between 5 percent and On the other hand, the tax law could provide high-income earners more incentive to donate. The Pease limitations, which put tighter restrictions on how much named high-income taxpayers could deduct on a number of items including donations, were repealed. Even though tax deductions are based on donations made throughout the year, charities are expecting to see a larger impact now, at the end of the year, when many donors typically make bigger gifts because of the holidays and the tax deadline.

    Nonprofits such as colleges and hospitals that receive much of their funding from wealthy donors are less likely to feel the changes of the new tax law because wealthy people will likely still have the incentive of itemizing their deductions. But organizations that usually rely on small donations from middle-income donors, like houses of worship, social services and basic-needs charities, might see a bigger drop in contributions because their donors are more likely to take the standard tax deduction, Susskind said.

    So far, the number of middle-income donors and the size of the donations United Way usually receives has decreased this year, according to Taylor. About 56 percent of American households donated in , the most recent year for which data is available, but only a third itemized their taxes.

    That means for at least a fourth of Americans, tax benefits are not the reason they donate. The funds are investments that can grow tax-free. Donors get the tax benefit from their initial deposit, but the money in the fund can be directed to qualified charities at anytime.