United States: Charitable Giving Under The American Taxpayer Relief Act Of 2012

Last Updated: January 23 2013
Article by Barbara E. Little

On January 2, 2013, President Obama signed into law the "American Taxpayer Relief Act of 2012" (ATRA). In this Alert, we explore the good news and the bad news that charitably minded individuals received with the passage of ATRA.

Bad News

Let's start by getting the bad news out of the way. ATRA revived the itemized deduction limitations, also known as the "Pease Amendment" (named after Congressman Donald Pease, the amendment's proposer in the 1990s). Under Pease, total itemized deductions are reduced by 3 percent not to exceed 80 percent, of the amount the taxpayer's adjusted gross income exceeds the threshold amount - $250,000 for single filers, $275,000 for heads of household and $300,000 for married filing jointly (indexed for inflation). Charitable deductions are included in the limitation equation.

Depending on the taxpayer's income level and other deductions, this limitation could adversely affect charitable contributions. For example, consider a married couple with $60,000 of itemized deductions ($25,000 mortgage interest, $10,000 state taxes and $25,000 charitable deduction) and an adjusted gross income of $450,000. The couple's adjusted gross income exceeds the threshold by $150,000. The couple must reduce their total itemized deductions by 3 percent of $150,000 or $4,500.

The other bad news is that two charitable deductions were not extended: 1) contributions of book inventories to public schools; and 2) corporate contributions of computer inventory.

Good News

One piece of good news is that under ATRA, once again, individuals 70½ years of age or older may make tax-free IRA distributions to charitable organizations. The maximum distribution amount is $100,000 per individual, per tax year.

ATRA also creates an opportunity to retroactively apply an IRA distribution to the 2012 tax year. Individuals 70½ years of age or older who make a qualified distribution from an IRA in January 2013 may elect to have the distribution applied to the 2012 tax year. Further, an individual 70½ years of age or older who took a distribution from an IRA in December 2012, and made a cash contribution to a charity after such distribution and before February 1, 2013, may have the cash contribution applied to the 2012 tax year.

The IRA contribution good news is tempered by the fact that, under ATRA, this is not a permanent opportunity. The tax-free IRA contribution is allowable only for tax years 2012 and 2013.

In addition to the IRA contribution, ATRA extended several other beneficial tax provisions. Highlights include:

Conservation Easement Contributions.A taxpayer may make a contribution of appreciated real property to a charity and take a charitable deduction of up to 50 percent of the taxpayer's contribution base (adjusted gross income exclusive of net operating loss carry back) over the amount of other charitable contributions. The real property must be donated for conservation purposes.

Food Inventory Contributions. Taxpayers engaged in a trade or business may take a deduction for donations of "apparently wholesome food" (intended for human consumption). The deduction is limited to 10 percent of the taxpayer's aggregate net income for the tax year from all trades or businesses that participated in the contribution.

Corporation Property Contributions. Without ATRA, if an S Corporation donated property, a shareholder of the S Corporation would have reduced his/her shareholder's basis by the pro rata share of the contributed property's fair market value. Under ATRA, the shareholder taxpayer only must reduce his/her shareholder's basis by the pro rata share of the S Corporation's basis in the contributed property. This allows a greater benefit to the taxpayer from the contributed property.

Planning

Charitable giving comes in many forms - outright or in trust, during life or at death. Individuals making lifetime outright gifts continue to be good stewards of their communities and benefit from a charitable tax deduction. The itemized deduction limitations, however, may make outright annual gifting less attractive for some individuals. For these individuals, a donation of appreciated stock may be attractive.

By contributing appreciated stock, a taxpayer may avoid the increased capital gains rate of 20 percent and the new 3.8 percent Medicare tax and minimize his/her Pease reduction.1 This is because the appreciated stock was transferred without a sale, so a capital gain is not triggered and the taxpayer's adjusted gross income is reduced. A lower adjusted gross income generally means fewer lost itemized deductions.

A taxpayer may also want to consider a split interest trust. For example, due to the higher income tax rates, 40 percent gift tax rate2 and a low Section 7520 interest rate (which is used to calculate how much the IRS expects the trust assets to appreciate), it is a great time for charitable lead trusts. A charitable lead trust is a trust that makes payments to a charitable organization for a set period of time. At the end of the trust term, the remaining assets are distributed to one or more non-charitable beneficiaries, typically family members. The current low Section 7520 rate causes the present value of the charity's annuity to be higher, potentially allowing for a larger charitable deduction while decreasing the taxable gift to the non-charitable remainder beneficiaries.

Footnotes

1. For more information on these taxes under ATRA, see our Alert, "2013 Brings New Taxes to High Income Taxpayers."

2. For more information on the ATRA's impact on estate, gift and GST taxes, see our Alert, "2013 Brings Estate, Gift & GST Tax 'Permanency' At Last."

www.schnader.com

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
Barbara E. Little
 
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert
Email Address
Company Name
Password
Confirm Password
Mondaq Topics -- Select your Interests
Accounting and Audit
Anti-trust/Competition Law
Consumer Protection
Corporate/Commercial Law
Criminal Law
Employment and HR
Energy and Natural Resources
Environment
Family and Matrimonial
Finance and Banking
Food, Drugs, Healthcare, Life Sciences
Government, Public Sector
Immigration
Insolvency/Bankruptcy, Re-structuring
Insurance
Intellectual Property
International Law
Litigation, Mediation & Arbitration
Media, Telecoms, IT, Entertainment
Privacy
Real Estate and Construction
Strategy
Tax
Transport
Wealth Management
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates

Terms & Conditions and Privacy Statement

Mondaq.com (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of www.mondaq.com

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about Mondaq.com’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.

Disclaimer

Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.

Registration

Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to unsubscribe@mondaq.com with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.

Cookies

A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.

Links

This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.

Mail-A-Friend

If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.

Security

This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to webmaster@mondaq.com.

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to EditorialAdvisor@mondaq.com.

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at enquiries@mondaq.com.

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at problems@mondaq.com and we will use commercially reasonable efforts to determine and correct the problem promptly.