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Tis The Season For Giving: 3 Charitable Planning Strategies Under the New Tax Laws

Eric Sajdak • December 13, 2019
Ah, its that time of the year. Tis the season for giving. In part because Christmas will soon be upon us, but also because many of us will be giving to charity and taking advantage of tax deductions. 

In 2017, with the passing of the Tax Cuts and Jobs Act (TJCA), the landscape for charitable giving did change. Here are three strategies that will help you maximize gifts this season.

1. Bunch and Skip

One of the core changes of TJCA was the raising of standard deductions for both individuals and married couples. The rise in the standard deduction has caused more than 90% of tax filers to simply take the deduction rather than itemize. Without itemizing, the tax benefit for charitable deductions has essentially disappeared. 

There is a lesser-known strategy that can sidestep this predicament called the Bunch and Skip Strategy. The idea behind this strategy is to save up contributions and bunch them in a given year. You then itemize deductions in the year you bunch the gifts.

For example, the Wells family contributes $5,000 per year to charity. Rather than making that contribution each and every year and missing out on the itemized deduction, it would make more sense to contribute once every 4 years. In the fourth year, they instead contribute $20,000 and are able to deduct it from ordinary income. 

Gifts directly to a charity and Donor Advised Funds (DAF) can benefit from this strategy.

2. Low-Cost Basis Stock

If you have stock in a taxable account that has appreciated significantly, it might make more sense to gift that stock rather than writing a check of equal value. 

Gifts receive a step-up basis but allow you to deduct the Fair Market Value.

Take this example. Say you have a stock that you bought 3 years ago for $5,000 but is now worth $20,000. Your marginal tax bracket in this example is 32%.

If you sold the stock and then wrote a check, you would have to pay capital gains tax. 

($15,000 of Profit x 15% Capital Gains) = $2,250 Less Going to Charity/Less to write Off

Alternatively, if you gifted the stock to charity, you would avoid capital gains altogether. This means more money going to your charity and less money going to taxes. It’s a win-win.

*Depending on your tax bracket, there may be an additional benefit to be had by avoiding the 3.8% Medicare Surtax 

3. Charitable Remainder Trusts (CRT) and Charitable Gift Annuities (CGAs

Before getting into this strategy, there is a caveat on the front end. CRTs and CGAs can be complicated strategies and require a lawyer, advisor, and accountant to be clued in on the discussion. This explanation is simply to help you become aware of them as a strategy.

In a nutshell, a CRT and a CGA:
  • Work like pensions and annuities. They have two parts to them 1. A living benefit that pays the gifter money for his/her life 2. A remainder value that gets passed on to the charity
  • Both provide a charitable deduction
  • Both remove the remainder value from the estate (and therefore eliminate any estate tax on those assets)
  • Reasonable withdrawal rates hover in the 4.5% - 5% range for both strategies

Because of the cost of setup, Charitable Remainder Trusts typically don’t make sense for assets <$250,000. For assets < $250,000, a CGA becomes a better alternative. 

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With any strategy surrounding taxes and your situation, the devil is in the details. Please consult your advisor and CPA before using any of these strategies. 

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