12/17/2025
The One Big Beautiful Bill Act (OBBBA), signed into law on July 4, 2025, introduces the most significant changes to charitable tax law in years. While many provisions focus on making the 2017 Tax Cuts and Jobs Act (TCJA) permanent, it also adds new restrictions for high-income earners and a new benefit for those who don't itemize.
Most of these changes take effect on January 1, 2026, making 2025 a critical transition year for tax planning.
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Key Changes for Individuals (Itemizers)
If you typically itemize your deductions (mortgage interest, SALT, etc.), the OBBBA introduces two major hurdles starting in 2026:
• The 0.5% AGI Floor: You can only deduct charitable contributions that exceed 0.5% of your Adjusted Gross Income (AGI).
o Example: If your AGI is $200,000, the first $1,000 you give is no longer deductible. You only get a tax benefit for amounts above that.
• The 35% Benefit Cap: For taxpayers in the top marginal bracket (37%), the value of itemized deductions is now effectively capped at 35 cents per dollar donated. This reduces the "tax subsidy" for wealthy donors.
• 60% Cash Limit Made Permanent: The rule allowing you to deduct cash donations up to 60% of your AGI (which was set to expire) has been made permanent.
Strategic Planning for 2025 vs. 2026
Because the new "floor" and "cap" for itemizers don't start until 2026, tax experts are suggesting three main strategies:
Acceleration: Move planned 2026 donations into 2025 to avoid the 0.5% floor and secure the higher 37% tax benefit. For High-income itemizers
"Bunching": Contribute a large sum to a Donor-Advised Fund (DAF) in 2025. You get the full deduction now and can distribute the money to charities over several years. For People near the standard deduction threshold
Delaying: Wait until January 2026 to make gifts to take advantage of the new $1,000/$2,000 universal deduction. For Non-itemizers
This post is for informational purposes only and should not be considered tax or legal advice. Your specific tax situation depends on your individual circumstances. Please consult with your tax advisor before making decisions.