Tax Cuts and Jobs Act
Strategies for Giving in 2022
[The changes made by the CARES Act, described below, are temporary and have not yet been extended into 2022 or beyond.]
If you do not itemize deductions, you may nonetheless take an "above-the-line" deduction for up to $300 in cash gifts you made to SHSU in 2021. Joint filers can deduct up to $600.
As first enacted as part of the CARES Act in March 2020, this opportunity applied only to contributions made during 2020, and was limited to $300 even on joint returns. But with the further round of COVID relief enacted in December, it has been extended through 2021, and for contributions made on or after January 1st, joint filers will be able to claim up to $600 "above the line." This benefit applies only to current cash contributions, not to carryforwards from prior years. Note: none of the provisions have been extended to 2022 yet.
If you do itemize, you may deduct up to the entire amount of your adjusted gross income (AGI) for cash gifts you made in 2020, without reference to the 60 percent limitation that would otherwise apply. Again, as part of the further COVID relief measure enacted in December, this benefit has been extended through 2021.
If you also make noncash gifts, which are subject to lower AGI limitations, or if you have carryforwards from noncash gifts made in prior years, you can still take advantage of the temporary "unlimited" deduction for cash gifts, without losing a carryforward year for those items. Excess cash gifts will simply be carried forward to subsequent years.
The limitation on deductions for cash contributions by corporations has also been temporarily increased, from 10 percent of taxable income to 25 percent, and the limitation for contributions of food inventory has been increased from 15 percent to 25 percent. Both these changes were also extended through 2021 as part of the December legislation.
Required minimum distributions (RMDs) from IRAs and other "defined contribution" retirement plans were waived for 2020 only. The waiver has not been extended into 2021. If you are age 72 or older, and would otherwise have been required to begin taking distributions during 2020, this respite was intended to give your retirement portfolio another year to recover from the extreme volatility of the markets during the early months of the COVID-19 crisis.
The minimum age for making a qualified charitable distribution (QCD) from your IRA - the so-called "charitable IRA Rollover" - is still 70½, and the annual limit is still $100,000. The QCD was still available for 2020 even though RMDs were suspended. And with the "unlimited" itemized deduction extended another year, you can take distributions from your IRA and make deductible gifts in 2021, with no AGI limitation.
The CARES Act is not rocket science, but it is a 335-page bill, and we are not qualified to give legal or financial advice. Contact your professional advisors if you are considering a sizeable gift.
Planning your estate and legacy for future generations, including your charitable interests, takes careful evaluation. Consulting with the appropriate professionals can assist you.