Charitable Deductions

One Big “Beautiful” Bill

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This post contains a non-exhaustive summary of the most impactful (to my clients) tax and personal finance-related provisions of the One Big Beautiful Bill (OBBB) that was passed into law on 7/4/2025. That’s the actual name of the Bill / Law, by the way, not an editorial on the Bill’s beauty. In fact, I put “Beautiful” in quotes in the title to give just the opposite impression. To be fair though, this Bill is to beauty about as the Inflation Reduction Act of the previous administration was to reducing inflation. Names of Laws don’t imply meaning, intention, or effectiveness of those Laws. That’s as far as I’m going to get into politics on this one. I’m also not going to get into the budget portions, appropriations, cuts to programs like Medicaid, etc. While the importance of those parts of the Bill probably surpasses the importance of tax changes to many Americans, this post is only about taxes and personal finance, where I can contribute most. I leave it to you to dive into the rest of the Bill as you feel is appropriate, using the sources you feel are appropriate. Better yet, give the 870-page OBBB a read yourself.

Many of the provisions are retroactive to the start of 2025 and so they impact taxes this year. Some begin later in 2025, some in 2026, a few even after that. Some provisions are permanent (meaning it would take a new law to change them). Some are temporary (meaning they will revert back to old law at a future date unless a new law is passed to extend them). I tried my best below to include the effective dates for each change. Please keep in mind that this is my personal interpretation of the OBBB after skimming it and cross referencing various other summaries that have been published. It is not guaranteed to be 100% accurate. Lastly, it will take some time to update tax projection software and really get into the details of what, if any, actions clients should take, given their current situation. Unlike other recent tax bills, which were passed in the final days of the tax year, this one gives time to interpret, project, and act. There will be more to come on those actions in the coming months.

Key tax and personal finance provisions of OBBB:

  • Current tax brackets made permanent (would have reverted back to pre-TCJA in 2026).  That includes the 10%, 12%, 22%, 32%, 35%, and 37% rates, as well as their income ranges for Single, Head-Of-Household (HoH), Married Filing Jointly (MFJ), and Married Filing Separately (MFS).  Those income ranges are adjusted upward annually for inflation.  The OBBB adds one additional year of inflation adjustments to the 10% and 12% brackets by setting their “base year” back to 2016 from 2017 starting in 2026. This effectively increases the 10% and 12% brackets for inflation twice in 2026 only, making those brackets higher, and reducing taxes slightly for everyone that pays any Federal tax.
  • Standard deduction made permanent (would have reverted back to pre-TCJA in 2026).  Increased slightly for 2025 to $31,500 for couples, $23,625 for head of household and $15,750 for individuals.  Inflation-adjusted going forward. 
  • New $6,000 personal exemption for those age 65+ (remains $0 for everyone else).  Acts like another standard deduction and phases out by 6% of the amount that MAGI (adjusted gross income plus excluded foreign income in most cases) exceeds $75k single / $150k MFJ.  Effective 2025-2028, only.  This new deduction was Congress’s way of trying to implement President Trump’s “no tax on social security” campaign promise.  Since the Budget Reconciliation process (requires majority vote in the Senate to pass instead of 60 votes) can’t make changes to Social Security, this new deduction is the best they could do.  Social Security taxation rules have not changed at all.  Contrary to the message the administration is putting out there, there is still tax on Social Security income if overall income is above certain thresholds.
  • New phaseout of deductions for those in the top (37%) tax bracket so that their deductions only reduce tax by 35%.
  • Child tax credit raised to $2200 / child + inflation and made permanent (would have reverted back to $1k in 2026).  Still phases out starting at AGI of $200k single / $400k MFJ.
  • $500 Other Dependent Credit made permanent.
  • Gift/Estate tax exemption increases to $15M per person / $30M per couple in 2026 + inflation in future years ($14k now + inflation, so not a huge change, but would have reverted back to pre-TCJA in 2026) and permanent.
  • QBI deduction (this is better known as the 20% “small business deduction” created by TCJA) made permanent (would have ended for 2026).  Phase-in ranges for the §199A limitations increase to $75,000 for non-joint returns and $150,000 for joint returns (from previous $50k/100k).  Other enhancements in the initial House version did not make the final bill.
  • SALT deduction limit (which would have ended in 2026) increases to $40k for 2025 (from $10k) +1% per year.  This higher deduction limit will be in effect for 5 years (ends after 2029).  Applies to single or MFJ (so increases the marriage penalty), but MFS is only $20k (so increases the penalty for married filing separately, which already rarely makes sense).  Reverts back to $10k in 2030.  Phased out by 30% of the amount that AGI is > $500k (so fully phased out at $600k), but can’t go below $10k.  That $500k phase applies to both single and MFJ too (MFS = $250k). The cap is also indexed +1% per year.  A ban on certain state-level workarounds for businesses that were included in the House version of the Bill were NOT included in the final version.
  • Current AMT exemption made permanent but AMT exemption phaseouts reset to 2018 levels ($500k single / $1M MFJ) which backed out a few years of inflation.  Also cuts exemption phaseout to $1 for every $2 of AMTI over the threshold (vs prior $1 for every $4 of AMTI).
  • Mortgage interest deduction limited to $750k of debt made permanent.  Grandfathering of pre-TCJA mortgages at $1M still applies.
  • Mortgage insurance premiums deductible (as they were pre-2022) permanently.
  • Casualty loss deduction limited to Federally declared disaster area made permanent.
  • Elimination of the moving expenses deduction made permanent
  • Elimination of miscellaneous itemized deductions by TCJA (e.g. unreimbursed employee expenses, business mileage, home office deduction) made permanent (i.e. you cannot deduction business mileage, home office, etc. as an employee).
  • Charitable Deduction changes (starting 2026):
    • For non-itemizers a new, permanent deduction of up to $1k single / $2k MFJ.  No income phaseouts. Only direct cash contributions qualify (no property, no DAF, etc.)
    • For itemizers, a new, permanent floor of 0.5% of AGI for deductibility (e.g. if you earn $200k per year, the first $1000 of charitable contributions would not count toward an itemized deduction)
  • Deduction for gambling losses (already limited to gambling gains) limited so that only 90% of losses could be considered.  Means even those with net losses in a year could be taxed on gambling “income”.
  • Dependent Care Credit enhanced to 20-50% of up to $3k/child (max 2) of expenses (from 20-35%).  Permanent.
  • Dependent Care FSA limit increased to $7500 from $5k.  Permanent, but not inflation-adjusted.
  • Tax exclusion for employer-paid student loan assistance permanent
  • “No tax on tips” – New deduction (separate from itemized deductions, but after the calculation of adjusted gross income) for up to $25k (all filing statuses except MFS, which gets $0!) of tips included in income.  Effective 2025-2028.  Tips must be voluntarily paid in customary tipping occupations.  All SSTB (specified service trades or businesses) are excluded.  Deduction phases out at 10% of income over a threshold of MAGI starting at MAGI of $150k single / $300k MFJ.
  • “No tax on overtime”– New deduction (separate from itemized deductions, but after the calculation of adjusted gross income) for up to 12.5k single / $25k MFJ / $0 MFS of overtime pay included in income (shown on W-2).  Effective 2025-2028.  Deduction phases out at 10% of income over a threshold of MAGI starting at MAGI of $150k single / $300k MFJ.
  • Auto Loan Deduction – up to $10k of interest per year would be deductible on auto loans from 2025-2028.  New vehicles purchases only (no leases or used cars), with final assembly in the US. Deduction phases out at 20% of income over a threshold of MAGI starting at MAGI of $100k single / $200k MFJ.
  • Enhanced Affordable Care Act (“Obamacare”) Premium Tax Credits were not extended.  These increased the tax credit for (“the subsidy”) for ACA purchased health insurance and implemented a new, slower phaseout to the credit for those earning more than 4x the federal poverty level in income.  They were increased for 2021 and 2022 and then extended by the Inflation Reduction Act, but have now been allowed to revert back to the original ACA level with a hard cliff at 4x the federal poverty level.  This means that if you purchase your health insurance through a state ACA exchange and you currently receive a subsidy to offset the cost of your insurance, starting in 2026 that subsidy may be reduced and / or you may have to pay part of it back when you file your taxes.
  • HSA Enhancements -the broad HSA enhancements that were part of the initial House version of the OBBB, including doubling the max HSA contribution, were not included in the final Bill.  These changes were included:
    • Telehealth visits with deductible waived, won’t disqualify plans from being HSA eligible.  Starts 2025 when the old laws that allowed this during COVID expired.
    • All ACA Bronze and Catastrophic health plans will be HSA eligible, regardless of whether they would otherwise qualify.  Starts in 2026.
    • Direct Primary Care arrangements with subscription costs not exceeding $150/mo individual / $300/mo family can be HSA-eligible.  Additionally, HSAs can be used to pay those subscription fees.  Starts in 2026.
  • Credit for the purchase of new and used electric cars ends 9/30/2025 instead of 12/31/2032.
  • Credit for energy efficient home improvements ends 12/31/2025 instead of 12/31/2032.  This was the up to $1200/yr for energy efficient doors, windows, HVAC, water heaters, etc.
  • Credit for installing certain residential renewable energy systems such as solar, wind, geothermal, batteries, etc. ends 12/31/2025 instead of 12/31/2032.  This includes the 30% credit for solar installations.
  • 100% Bonus Depreciation restored for business assets purchased on or after 1/20/2025.  Permanent.
  • Section 179 expensing permanently increased from $1.16M to $2.5M, with phase-out starting at $4M.
  • Business loss limitation provision from the TCJA made permanent.
  • Employer credit for paid family and medical leave permanent.
  • Opportunity Zones permanent with several changes including the definition of a low-income community.  Effective 1/1/2027.  More guidance will be necessary on this one as Opportunity Zones were already a very complicated portion of the TCJA.
  • New 100% credit for donations up to $1700/yr to state-approved Scholarship Granting Organizations (SGOs).  Scholarships received from those organizations for qualified elementary or secondary education would be tax-free.
  • Expands the allowable uses of 529 accounts to include K-12 education expenses (previously just tuition, with a cap, now more broad) and allows 529s to be used for “qualified postsecondary credentialing expenses” (seemingly certificate programs).
  • New 1% excise tax starting in 2026 on certain money transfers funded from cash, money orders, cashier’s check, or similar, rather than bank account, credit card, or debit card, sent from the US to an international destination.  A new tax credit is available to offset the excise tax if it is paid by a US citizen or US resident.
  • Many changes to student loan annual and lifetime maximums as well as repayment plan options.
  • “Trump Accounts” – IRAs established for minors that will follow most Traditional IRA rules.  Contributions can start 7/4/2026.  $1k granted per child born between 2025 and 2028 by the Feds.  Additional contributions of up to $5k / yr allowed until child turns 18.  No deduction.  Tax-deferred (not tax-free) growth, with distributions taxed at ordinary income rates.  With few exceptions, can’t be accessed prior to age 18.  Seems to follow the IRA rules for access prior to age 59.5 with penalties unless due to death, disability, home purchase, etc.  Must be invested in a low-cost US mutual fund or ETF.  Employers can contribute up to $2500 pre-tax for the employee.  Withdrawals after age 18 taxed pro-rata (gains and untaxed employer contributions taxed as income, after-tax contributions returned tax-free). 
  • 1099 Reporting changes –
    • The minimum threshold to report payments to individuals engaged in a trade or business (1099-MISC / 1099-NEC) increases to $2000, from $600.  Inflation-adjusted starting in 2026.
    • The minimum threshold to report third-party network transaction via 1099-K (e.g. Venmo, Paypal, etc.) reverts back to $20k or greater than 200 transactions.  That was scheduled to be reduced to $600 starting in 2026.
  • Qualified Small Business Stock (QSBS) – increases the max gain exclusion from $10M to $15M and creates new partial gain exclusions for stock acquired after 7/4/2025 where 50% of the gain can be excluded if held for 3-4 years or 75% if held between 4-5 years. 100% exclusion still occurs at 5 years.

Special 2021 Deduction For Non-Itemizers Giving To Charity

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Giving Tuesday is coming up at the end of November, so here’s a special reminder about this year’s “bonus” charitable deduction. As part of the CARES Act in 2020, Congress authorized a special charitable deduction for 2020 only for people who aren’t able to itemize due to the standard deduction being higher than their itemized deductions. The limit was $300, and that was the case whether Single, Head-Of-Household, or Married Filing Jointly. The Taxpayer Certainty and Disaster Tax Relief Act of 2020, passed late last year extended this deduction into 2021 and doubles it to $600 for joint filers.

As with last year, to qualify, the donation must be in cash, it must be to a qualifying organization (which is the same as for charitable donations as itemized deductions), it must be made by 12/31 (2021 this year), and appropriate records must be kept. As with itemized deductions, you can check whether the organization qualifies using the IRS’s Tax Exempt Organization Search. A $300 or $600 deduction may not sound like a lot, but many people have already made, or are about to make, some cash contributions for friends, colleagues, or family members that are raising money for various organizations. If you’re going to make the contribution regardless of the tax benefit, you might as well take the tax benefits that are available. In most cases, substantiation simply requires an acknowledgement from the organization (including stating that you received no benefits for your donation) and a cancelled check or credit card statement. (For detailed record keeping requirements and special cases, see Charitable Contributions – Deductions & Recordkeeping in the blog archives.) So save those “thanks for your contribution” acknowledgement emails and keep a running list of your cash donations this year, whether you itemize or not. They will come in handy to the tune of up to $300 or $600 in deductions at tax prep time.

Special 2020 Deduction For Non-Itemizers Giving To Charity

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It’s Giving Tuesday, so here’s a special reminder about this year’s “bonus” charitable deduction. As part of the CARES Act, Congress authorized a special charitable deduction for 2020 for people who aren’t able to itemize due to the standard deduction being higher than their itemized deductions. The limit is $300, and that’s the case whether your Single, Head-Of-Household, or Married Filing Jointly. To qualify, the donation must be in cash, it must be to a qualifying organization (which is the same as for charitable donations as itemized deductions), it must be made in 2020, and appropriate records must be kept. As with itemized deductions, you can check whether the organization qualifies using the IRS’s Tax Exempt Organization Search. A $300 deduction may not sound like a lot, but many people have already made, or are about to make, some cash contributions for friends, colleagues, or family members that are raising money for various organizations. If you’re going to make the contribution regardless of the tax benefit, you might as well take the tax benefits that are available. In most cases, substantiation simply requires an acknowledgement from the organization (including stating that you received no benefits for your donation) and a cancelled check or credit card statement. (For detailed record keeping requirements and special cases, see Charitable Contributions – Deductions & Recordkeeping in the blog archives.) So save those “thanks for your contribution” acknowledgement emails and keep a running list of your cash donations this year, whether you itemize or not. They will come in handy to the tune of up to $300 in deductions at tax prep time.

Charitable Contributions – Deductions and Recordkeeping

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I receive lots of questions around tax time about what charitable contributions are deductible and what records need to be kept to validate the deductions.  Here’s my brief attempt at the basics of donating cash, donating property, or performing charitable services through which you incur expenses:

Cash

1)      If you make a donation in cash that is under $250, an acknowledgement from the organization is not required as long as you have a bank record of the transaction (account statement, credit card bill).  The record must include the name of the charity and the amount of the contribution.  Alternatively, you can have a receipt from the organization, or a payroll record if you donated through a payroll deduction.

2)      If you make a donation in cash that is $250 or over, you must receive acknowledgement from the organization dated prior to the due date of your tax return, and it must state:

  1. The amount of cash and a description (but not the value) of any property other than cash contributed.
  2. Whether the organization receiving the donation provided any goods or services in consideration, in whole or in part, for any cash or property that was contributed.  This is important.  A simple letter saying you donated $1,000 to the organization will not qualify because it doesn’t say specifically that you didn’t receive anything in return for the donation.  In a recent court case, a couple contributed $25,171 to their church over multiple donations through the year, most of which were over $250.  At the end of the year, they received a letter stating the total (and thanking them for their generosity), but the letter didn’t include a statement that said they received nothing in return.  The IRS challenged the deduction, it went to court, and the Tax Court sided with the IRS since this clearly violated the rules for taking a deduction.
  3. A description and good faith estimate of the value of any goods or services received by the donor or if such goods and services consist solely of intangible religious benefit.

Property

If you donate property to a qualified charitable organization, you generally can deduct the fair market value of the property.  This is not the amount you paid for it.  It is the amount the property is worth at the time of the donation (generally not to exceed the value you paid for it).  The recordkeeping rules differ based mainly on the deductible value of the donation:

1)      If the deductible value is less than $250, you need a receipt from the organization showing the name of the organization, the date and location of the donation, and a reasonably detailed description of the property (“1 large bag of clothes” will not do).  Note, the IRS says that you do not need a receipt for donations < $250 if it is impractical to get one (like an unattended drop box).  You must also keep records of the donation which include:

  1. The name and address of the organization
  2. The date and location of the donation
  3. A reasonably detailed description of the property
  4. The fair market value of the property and how you determined it (i.e. thrift shop value, comparative sales, etc.)
  5. Your cost basis in the property
  6. The amount you claim as the deduction
  7. The terms of any conditions attached to the donation.

2)      If the deductible value is between $250 and $500 (inclusive), you need:

  1. the information from #1 above, AND,
  2. a written acknowledgement from the organization detailing the property donated, whether you received anything in return or not, and a description and good faith estimate of anything you did receive in return.  This must be received before the due date of your tax return.

3)      If the deductible value is over $500 but not over $5,000, you need:

  1. the information from #2 above, AND,
  2. your own records showing how you obtained the property, the approximate date you obtained the property, and your cost basis in the property.

4)      If the deductible value is over $5,000, you need:

  1. the information from #3 above, AND,
  2. a qualified appraisal

Special rules exist for cars, boats, and airplanes which include receiving a 1098-C from the charitable organization and your deduction being limited to the amount for which your donated item was sold by the organization (e.g. if you donate your car with a blue book value of $2k to your church and they sell it for $750, your deduction is limited to $750).

Expenses

You can deduct expenses you incur in connection with performing charitable work as long as the expenses are:

1)      not reimbursed,

2)      directly connected with the services you provided,

3)      expenses you only incurred because of the services you provided, AND

4)      not personal, living, or family expenses.

The cost of travel to perform charitable services is deductible including the cost of driving your own car at the annual charitable mileage deduction amount as posted by the IRS (14 cents per mile for 2012 and 2013).  Meals are generally only deductible if you’re required to be away from home overnight.

Note: you cannot deduct the value of your time in performing or traveling to/from charitable services.

See IRS Publication 526 for more information.