Charitable Giving Options - WGBH
Jeremiah W. Doyle IV, Esq.
October 2, 2026
Agenda
2
Cash, Checks, Credit Cards
Always in Style
Non-Itemizers
Itemizers
3
Publicly Traded Stock
Publicly Traded Securities
4
Gift of Appreciated Stock
General Rule
5
Example of “Giving Away the Gain”
Example of Tax Savings on Gift of Appreciated Securities
$10,000 FMV x 35% = $3,500
( $1,000) Basis
$ 9,000 Gain
.20 Capital Gain Rate
$ 1,800 Tax $1,800
Tax Savings $5,300
Extra $342 of savings if subject to 3.8% surtax on NII
Cost of Charitable Gift: $10,000 - $5,300 = $4,700
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Tax Consequences of Leaving an IRA to Charity
Lifetime gift
Death
7
Tax Consequences of Leaving an IRA to Charity
Not a “wash”
IRA distribution $100,000
AGI $100,000
Charitable Deduction (60% of AGI) $ (60,000)
Taxable Income $40,000
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Take Distribution, Pay Income Tax
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Tax Consequences of Leaving an IRA to Charity
No Estate Tax
No Income Tax
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IRA Charitable “Rollover”
Exclusion from gross income – Qualified Charitable Distribution
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IRA Charitable “Rollover”
Plans Not Eligible to Make “Qualified Charitable Distribution”
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IRA Charitable “Rollover”
Exclusion from gross income – Qualified Charitable Distribution
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IRA Charitable “Rollover” – Qualified Charitable Distribution
Benefits of Qualified Charitable Distribution (QCD)
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IRA Charitable “Rollover”
Exclusion from gross income – Qualified Charitable Distribution
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IRA Charitable “Rollover”
Exclusion from gross income – Qualified Charitable Distribution
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Naming Charity as a Beneficiary of a Qualified Plan
Retirement Equity Act of 1984
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Charitable Gift Annuity
General Rule
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Charitable Gift Annuity
General Rule
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Charitable Gift Annuity
General Rule
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Charitable Gift Annuity
General Rule
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Charity
Donor
Beneficiaries
Assets
Tax Deduction
Annuity
How It Works
Charity
Remainder
Benefits
Charitable Gift Annuity
Deferred Capital Gain Tax
Income Tax Deduction
Fixed Income for Life
Simplicity
Charitable Gift Annuity
General Rule
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Charitable Gift Annuity
General Rule
25
Age | 1 Life | 2 Lives |
65 | 5.7% | 5% |
70 | 6.3% | 5.5% |
75 | 7% | 6.2% |
80 | 8.1% | 6.9% |
85 | 9.1% | 8.1% |
90 | 10.1% | 9.8% |
Charitable Gift Annuity Rates
Effective 1/1/2024
Charitable Gift Annuity
General Rule
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Charitable Remainder Trust
Summary
28
Charitable Remainder Trust
How It Works
29
CRT
Donor
Beneficiaries
Assets
Tax Deduction
Periodic Payments
How It Works
Charity
Remainder
Benefits
Charitable Remainder Trust
Avoid Capital Gain Tax
Income Tax Deduction
Reduce Estate Tax
Increased Cash Flow
Tangible Personal Property
Amount of Deduction – Fair Market Value or Cost Basis
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Tangible Personal Property – Art and Collectibles
Sale of TPP Valued over $5,000 by Charity within 3 Years of Gift - §170(e)(7)
Exceptions
33
Tangible Personal Property
Art and Collectibles
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Amount of Deduction – Fair Market Value or Cost Basis
Tangible Personal Property
35
Cars, Boats and Airplanes
Deduction Depends on Whether Charity Retains or Sells the Property
36
Bargain Sale
Rule
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Bargain Sale
FMV of appreciated asset: $400,000
Cost basis of asset: $100,000
Sells to charity for $100,000 (25% of asset’s FMV)
Proceeds $100,000
Basis (25% x $100,000) ( 25,000)
Gain $75,000
FMV $400,000
Portion sold (100,000)
Charitable gift $300,000
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Real Estate
Unencumbered Real Estate to Public Charity
Encumbered Real Estate
Mortgaged Real Estate
39
Real Estate
Concerns
40
Real Estate – Gift to Single Member LLC
Notice 2012-52
41
Real Estate
Remainder Interest in Personal Residence or Farm
Conservation Easement
Taking/Eminent Domain
42
Bitcoin
Virtual Currency e.g. Bitcoin
43
Bitcoin
CCM 202302012 (dated 1/13/2023) – Charitable Contributions of Cryptocurrency
44
Bitcoin
Implications for donor
45
Bitcoin
Charity concerns
46
Contribution of Business Interest
Private Equity/Hedge Fund/Carried Interest
47
Contribution of Business Interest
Private Equity/Hedge Fund/Carried Interest
48
Contribution of Business Interest
Private Equity/Hedge Fund/Carried Interest
49
Contribution of Business Interest
Private Equity/Hedge Fund/Carried Interest
50
Contribution of Business Interest
Private Equity/Hedge Fund/Carried Interest
51
Contribution of Business Interest
Private Equity/Hedge Fund/Carried Interest
52
Estate and Gift Tax
Estate Tax
Gift Tax
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Summary
Charitable deduction rules are complex
Factors for lifetime gifts:
Different rules apply for income, estate and gift tax purposes and fiduciary income tax purposes
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Appendix
Changes to Charitable Giving Rules by the OBBBA
Summary of Charitable Deduction Rules
Summary of Substantiation Rules for Charitable Gifts
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Changes to Charitable Giving Made by OBBBA
Non-Itemizers
Permanent extension for 60% AGI limit for cash gifts
56
Changes to Charitable Giving Made by OBBBA
0.5 Floor – 0.5.% of taxpayer’s AGI is not deductible
57
Changes to Charitable Giving Made by OBBBA
Revised Section 68 – 2/37 Reduction in Itemized Deduction for Some
58
Changes to Charitable Giving Made by OBBBA
Revised Section 68 – 2/37 Reduction in Itemized Deduction for Some
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Summary of Charitable Deduction Rules
Type of Gift | Deductible Amount | Public Charity | Private Foundation |
Cash | FMV | 50% of AGI* | 30% of AGI |
Ordinary Income Property | Lesser of FMV or basis | 50% of AGI | 30% of AGI |
Appreciated LTCG Property | FMV Exceptions—limited to basis:
| 30% of AGI (May elect to apply 50% limit but deduction limited to basis) | 20% of AGI |
Publicly traded stock | FMV | 30% of AGI | 20% of AGI |
Carryover | | 5 years | 5 years |
* 60% for gifts of cash – made permanent by the OBBBA
* Artwork includes sculptures, watercolors, prints, drawings, ceramics, antiques, decorative arts, textiles, carpets, rare manuscripts, historical memorabilia and other similar objects. Instructions to Form 8283.
1 | Less than $250 ($1 to $249) | Receipt or reliable written records |
2 | $250 or more but not more than $500 ($250 to $500) | Contemporaneous written acknowledgement. (CWA) |
3 | More than $500 but not more than $5,000) ($501 to $5,000) | CWA + Manner and date of acquisition and cost basis (Excl. publicly traded stock.) Complete Section A, Form 8283 |
4 | More than $5,000 but not more than $500,000 ($5,001 to $500,000) | CWA + qualified appraisal by qualified appraiser. Appraisal summary, Section B, Form 8283. Appraisal Exception: publicly traded stock and nonpublicly traded stock between $5k and $10K. |
5 | Artwork* of $20,000 or more | Attach appraisal. 8 x 10 color photo or color transparency no smaller than 4 x 5 to IRS on request |
6 | More than $500,000 ($500,000 and up) | CWA + qualified appraisal by qualified appraiser, complete Form 8283, Section B + Attach appraisal to return |
Substantiation - Six Categories of Property
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Thank you!