Charitable contributions should be timed so as to obtain the maximum tax benefits, either in 2012 or 2013. If a taxpayer plans to make a charitable contribution in 2013, he should consider making it this year instead if speeding up the deduction would produce an overall tax saving, e.g., because the taxpayer will be in a higher marginal tax bracket in 2012 than in 2013. On the other hand, a taxpayer who expects to be in a higher bracket in 2013 should consider deferring a contribution until that year. This task is more difficult than in prior years because of uncertainty over whether rates will rise next year under the EGTRRA sunset.
In making any sizeable charitable contributions, to the extent possible, taxpayers should make the contributions in appreciated capital gain property that would result in long-term capital gain if sold. That way, a deduction generally is obtained for the full value of the property, such as shares of stock, etc., while any regular income tax on the appreciation in value is avoided. (However, for tangible personalty, this favorable treatment is only available if the donated item is related to the exempt purpose of the donee charity.)
Recommendation: If a taxpayer owns appreciated property which he expects to appreciate still further in value, and which he wants to continue to hold so as to benefit from the additional appreciation, the taxpayer should consider using cash that he would otherwise contribute to charity to buy additional property of the same type and contribute the property he first owned to charity. Not only will he get a deduction equal to the full fair market value of the property he contributes to charity, he will have a higher basis in the newly acquired property, thus reducing the amount of gain he will recognize if he sells it.
Observation: If rates rise after this year as currently scheduled under the EGTRRA sunset, the tax savings on a later sale could be even greater.
It should be noted, however, that contributions of appreciated capital gain property generally are subject to a 30%-of-AGI (adjusted gross income) ceiling, instead of the usual 50% ceiling, unless a special election is made to reduce the deductible amount of the contribution.
Observation: Making the election will limit the donor’s deduction to the basis of the contributed property. In most cases, the election should be made only if the fair market value of the property is only slightly higher than the basis of the property.
IRA distributions to charity. Older taxpayers who plan to use individual retirement account (IRA) distributions to make charitable contributions should bear in mind that the favorable tax provision for doing so expired at the end of last year. That provision, Code Sec. 408(d)(8), allowed taxpayers age 70 1/2 or older to take advantage of an up-to-$100,000 annual exclusion from gross income for otherwise taxable IRA distributions that were qualified charitable distributions. Such distributions weren’t subject to the charitable contribution percentage limits and weren’t includible in gross income. Since such a distribution was not includible in gross income, it would not increase AGI for purposes of the phaseout of any deduction, exclusion, or tax credit that was limited or lost completely when AGI reached certain specified levels.
To constitute a qualified charitable distribution, the distribution had to be made after the IRA owner attained age 70 1/2 directly by the IRA trustee to a Code Sec. 170(b)(1)(A) charitable organization (other than a Code Sec. 509(a)(3) organization or a donor advised fund, as defined in Code Sec. 4966(d)(2)). (Code Sec. 408(d)(8)(B)) Also, to be excludible from gross income, the distribution had to otherwise be entirely deductible as a charitable contribution deduction under Code Sec. 170 without regard to the charitable deduction percentage limits. (Code Sec. 408(d)(8)(C))
Even though a direct distribution from an IRA to a charity was not included in the taxpayer’s gross income, it was taken into account in determining the owner’s required minimum distribution (RMD) for the year.
Under Code Sec. 408(d)(8)(F), qualified charitable contributions aren’t available for distributions made in tax years beginning after Dec. 31, 2011. When this provision expired for post-2009 distributions, Congress retroactively extended it for two years in late 2010. That legislation also allowed taxpayers to elect to treat distributions made in January 2011 as made on Dec. 31, 2010.
Observation: While there has been some talk of an extenders package, it is unclear whether this provision will make it in any such package and if it does, whether there would be a rule allowing January 2013 distributions to be treated as made on Dec. 31, 2012.
Thus, while IRAs may be a potential source of funds for making charitable contributions between now and year end, clients age 70 1/2 or older must be informed that using an IRA to make contributions will be more costly if the special break is not retroactively revived.
Illustration : Jason, who is age 72, is the owner of a traditional IRA with a balance of $300,000, consisting solely of deductible contributions and earnings. He wants to make a contribution of $100,000 to his college before the end of 2012 to mark the 50th anniversary of his graduation. Jason, who is a widower and files his tax return as a single taxpayer, expects to have AGI of $110,000 in 2012, itemized deductions of $25,800 (before taking the $100,000 contribution to his college into account), and a personal exemption of $3,800 in computing his taxable income. The itemized deductions of $25,800 include $20,000 of other contributions to public charities.
If Jason takes a distribution of $100,000 from his IRA, his AGI for 2012 will be increased to $210,000. If he then contributes the $100,000 to his college, it will only increase his total charitable deduction by $85,000 ($105,000 [1/2 of AGI of $210,000] less the $20,000 of other charitable contributions he has made). His itemized deductions will be $110,800 ($25,800 plus $85,000), and his taxable income will be $95,400 (AGI of $210,000 less itemized deductions of $110,800, and less personal exemption of $3,800). Jason’s income tax for 2012 will be $20,172.50.
If the provision were extended and, instead, Jason had the Trustee of his IRA transfer the $100,000 directly to his college, his AGI would not increase and he would not be entitled to a charitable contribution deduction for the amount transferred from the IRA. His AGI would remain at $110,000, his taxable income would be $80,400 ($110,000 less itemized deductions of $25,800, and less his personal exemption of $3,800), and his income tax for 2012 would be $16,130, or $4,042.50 less than under the scenario where he takes a distribution of $100,000 from his IRA and then contributes it to his college.
Recommendation: An eligible taxpayer interested in making a charitable contribution from his IRA directly to a charity, and who hasn’t yet taken his 2012 RMD from the IRA, should consider waiting until the very end of the year to take the RMD. If the rules for qualified charitable distributions are revived for 2012, he can make the contribution to charity from the IRA before year-end and thereby reduce (or eliminate) the need to take a RMD for 2012.
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