New laws affect charitable donations
Two recently passed acts of legislation have changed some of the ways you are able to make charitable donations. We have provided a brief review of the SECURE Act and the CARES Act. However, as always, consult with your financial advisor or attorney to see what is best for you.
The SECURE Act – a summary of what changed, what stayed the same and what it means for you
- You can contribute to your IRA longer. You can now contribute to your IRA past the age of 70½, allowing you more time to save.
- The required minimum distribution (RMD) age changed. The SECURE Act changed the age at which you must start taking RMDs from your retirement account from 70½ to 72. This change gives your account additional time to grow.
*Notably, for those born BEFORE July 1, 1949, the previous rules apply. Donors who turned 70½ in 2019 or earlier will have to continue to take required minimum distributions.
- IRA rules changed for most non-spousal beneficiaries. If you name someone other than your spouse as the beneficiary of your IRA, they now have to withdraw the entire amount within 10 years (previously, they could stretch this over their lifetimes). The law takes effect for deaths of IRA owners after Dec. 31, 2019, so IRAs inherited before then still benefit from prior law.
WHAT STAYED THE SAME
- You can still withdraw funds starting at age 59½ with no penalty. You can still access your retirement savings prior to 59½, but there is a 10% early penalty withdrawal. The new law allows for an aggregate amount of $5,000 to be distributed from a retirement plan without a 10% penalty in the event of a qualified birth or adoption.
- Spouses can still take distributions throughout their lifetimes. When you name your spouse as the beneficiary of your IRA, they can continue to take distributions from the account throughout their lifetime.
- IRA owners age 70½ and older can still make qualified charitable distributions (QCDs) to qualified charities.
The CARES Act Encourages More Charitable Giving
The CARES Act includes:
- A temporary universal charitable tax deduction for donations of up to $300 per individual not itemizing his/her taxes.
- Temporary suspension of charitable contribution limits. The charitable tax deduction claimed by a taxpayer each tax year is generally limited to no more than 50 percent of the taxpayer’s adjusted gross income (AGI), unless a taxpayer gives only cash, in which case the limit increases to 60 percent of AGI. The bill will temporarily suspend the limitation for cash contributions in 2020 for which a taxpayer claims the charitable tax deduction.
- The CARES Act also temporarily suspends IRA required minimum distributions (RMD) for the 2020 tax year. RMDs may still be taken and used as charitable donations, but are not required.