Legislative Updates

2020

A message from Janice Burrill, LACGP Legislative Chair and National Liaison: 

Hope you and yours are staying safe and healthy during these unprecedented days. As Congress continues to grapple with further coronavirus relief legislation, our LACGP Board and I wanted to forward this Advocacy Update from the National Association of Charitable Gift Planners. Please review and consider contacting your elected officials NOW to support the Universal Giving Pandemic Response Act (which would lift the cap for above-the-line charitable deductions from $300 to $4,000 for individuals and $8,000 for couples) and any other proposed legislation which promotes our philanthropic efforts. Now more than ever, our charitable community needs to be top of mind with our legislators.

Janice Burrill, JD, CAP

Sample Letter to Congress 

Contact Senators 

Contact Representatives

Bill Hranchak, LACGP Legislative Chair

In our ongoing effort to identify opportunities for members of the Los Angeles Council of Charitable Gift Planners to engage around planned giving topics, we wanted to share an upcoming webinar being offered by the National Association of Charitable Gift Planners, the national organization of which LACGP is an affiliated council. 

CGP Advocacy Update Call
Thursday, April 2, 2020 @ 8 a.m. PT
FREE to anyone that registers

On March 25, the Senate approved a $2 trillion aid package (HR 748) to address the economic fallout from the COVID-19 (Coronavirus) pandemic. The bill is expected to pass the House with bipartisan support and President Trump has indicated he will sign the measure into law. 

While there are numerous provisions in the 880-page bill that will benefit certain members of the nonprofit sector, two sections of the legislation were included to specifically increase charitable giving during these tumultuous times. And, Congress is already beginning to conceptualize a fourth COVID-19 relief package. 

CGP will continue to work with Congressional leaders and its partners in the nonprofit sector to enact a more expansive above-the-line charitable deduction as well as other important charitable giving incentives as part of any forthcoming legislation. 

Join us for the latest information on these important legislative efforts and how they may impact charitable giving in the current environment.

You can also register by visiting the NACGP site and searching "Advocacy Update" to find this event on their website. Depending on when you register, you will either receive call access instructions 24 hours before the event or 2 hours before the event. Registration for the live event closes at 9 a.m. ET on April 2. After the advocacy update, view your Order Details to access materials from the call.

2016

LACGP Legislative Update by Bill Hranchak - April 21, 2016

2015

IRA Charitable Rollover – Donor discussions before year end
Thanksgiving is next week and we are still waiting for Congress to pass legislation to extend the Charitable IRA Rollover provision.  In summary, this provision allows distributions from traditional IRAs to be tax free if:

          •    Made directly to a qualified charity
          •    By an owner who is 70 1/2 or older
          •    In the amount of $100,000 or less annually.

The provision benefits those not itemizing deductions and those subject to reduced deductions or higher tax rates because of the increase in their income.
The expiring provision has been extended the last seven years. Legislation extending the provision for 2012 was not signed into law until January 2013.  So there is a strong possibility the provision will be extended for 2015.

However, besides telling your donors to hold their breath, you should consider suggesting:

          •    They consider making a charitable rollover now, in any amount, from their Roth IRA since those amounts are not taxable.
          •    They consider making a direct charitable rollover now from their traditional IRAs. Rollovers are always allowed even without legislation and, depending    on their facts, may not increase taxes or only increase them nominally. 
          •    To help with their decision, they should prepare a projection of their tax liability assuming the direct rollover is taxable versus tax free.  They may find out, depending on the rollover amount and their other income, their tax liability is the same or only nominally higher because:
                         o    The increase in income is not enough to change their regular tax rate or their liability for the 3.8% net investment income tax,
                         o    The increase in AGI is not enough to reduce their itemized deductions or only reduce them nominally, and
                         o    The rollover is fully offset by your charitable contribution deduction because of other sources of income.
                         o    Any increase in tax would be eliminated if the provision is extended for 2015.

Additional Action to Consider
Please visit the Independent Sector’s website which provides opportunities and suggestions to encourage Congress to extend this and other donor enhancements.  https://www.independentsector.org/extenders_takeaction

LACGP Legislative Update by Bill Hranchak - September 10, 2015

2015 IRA Charitable Rollover Legislation
Contact your Representatives: http://www.house.gov/representatives/
Contact your Senators: http://www.senate.gov/general/contact_information/senators_cfm.cfm
 
Press release of the newly formed “Charitable IRA Initiative” to encourage legislation: http://www.acga-web.org/images/pressreleases/CharitableIRAInitiative-PressRelease_033115.pdf

2014

Senate Approves IRA Charitable Rollover Only for 2014
The Senate passed H.R. 5771 yesterday which includes a one year extension of the tax extenders including the IRA Charitable Rollover for all of 2014.

Major Re-write of Tax Code

2013

AFR Under Section 7520 for September 2013
Applicable federal rate for determining the present value of an annuity, an interest for life or a term of years, or a remainder or reversionary interest 2.0%.

News You Can Use
The Congressional Budget Office issued a report in May 2011 projecting the potential impact of 11 proposals to alter the charitable giving incentive in the federal tax code. The report found that both charitable giving and federal tax receipts would increase if Congress either (1) applied the tax deduction to all taxpayers (itemizers and non-itemizers alike) but imposed a minimum floor on contributions of $500 for individuals and $1000 for couples, or (2)) converted the deduction to a 25% tax credit for everyone who gave more than the $500 per $1000.

Several Outstanding Proposals to Alter the Charitable Deduction President Obama’s 28% Limit: President Obama has proposed limiting the value of charitable and itemized deductions for upper-income taxpayers, capping the deduction at 28%, regardless of whether the individuals are in the 33% or 35% tax brackets. This proposal has also been included in the President’s fiscal year 2014 budget and his other four annual budget proposals, the American Jobs Act, and his deficit reduction plan submitted to the super committee.