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By Jim Davis, CFP®
Since the Tax Cuts and Jobs Act (TCJA) of 2017 significantly raised the standard deduction ($16,100 in 2026; $32,200 for those married filing jointly), many taxpayers who used to get a healthy deduction for charitable contributions have found that their standard deduction actually exceeds what they could expect to achieve previously by including charitable deductions.
Historically, one of Americans’ favorite personal deductions has been the charitable donation, and many organizations were concerned that with the elimination of the financial incentive, charitable donations would plummet. However, most people did not cease caring about and supporting the causes that are important to them, just because the tax law changed. In fact, there are several charitable giving strategies that you may want to consider in order to both maximize your support for your favorite causes and minimize your tax bill.
One of the most popular tools used by those who are doing active philanthropy planning is the donor-advised fund (DAF). These funds were first created in the 1930s, and Congress established their current legal structure in 1969. You can think of a DAF as a charitable investment account to which you can make periodic deposits and then direct grants to specific qualified charities you wish to support. Another advantage of a DAF is that, unlike many individual charities, they are able to receive not only cash gifts, but also appreciated stock, real estate, and, in some cases, private equity and insurance.
This means that you can use a DAF as your “charitable giving bank,” making large donations that are immediately tax-deductible when it makes sense for you, and then directing the funds to be given to various charities of your choosing. Additionally, DAFs invest the assets you give, thus leveraging them for maximum benefit over time.
There are a few caveats that potential donors to DAFs should be aware of. First, gifts to a DAF are irrevocable. Just as you would not make a donation to your favorite charity and then ask for the money to be returned, once you make a donation to a DAF, you can’t later change your mind and reclaim the funds. Also, all DAFs are not created equal. Here are a few considerations to think about when choosing a DAF:
DAFs offer special advantages to taxpayers who want to “batch” their contributions: instead of making smaller contributions annually, they may want to accumulate their contributions and make a large donation in a single year. Their itemized deductions could then potentially exceed the standard deduction they would otherwise be able to take. For example, someone who typically contributes $1,000 per year to a particular charity might instead pool the funds for ten years and make a contribution of $10,000. Ideally, this approach, combined with other itemized personal deductions, would give the taxpayer an extra-large deduction schedule for that tax year. Then, they can direct the DAF to distribute the funds to their chosen organizations over a period of several years, if desired.
DAFs can also be useful for retirees taking required minimum distributions (RMDs), but who wish to direct these payments to charity. By using a qualified charitable distribution (QCD), RMD payments may be redirected toward a DAF (or a single charity) and thus not included in taxable income for the year.
One additional regulation bears mentioning. The IRS can’t prevent taxpayers from lumping several years’ worth of contributions into a single year and taking the full amount as a charitable deduction, but the agency does enforce how and to whom the distributions from the DAF are made. A proposed change to Internal Revenue Code Section 4966 would create a tax penalty on any donations that are made to disqualified entities—that is, a recipient of the donation that is a family member of the donor, a related person, or a board member of the fund. In addition, all donations are required to be awarded on an objective and nondiscriminatory basis according to procedures specified and approved in advance. The tax penalty would amount to 20% of the amount granted, and the donation would have to be returned. While this regulation has not yet been enacted, it remains on the US Treasury Department’s Priority Guidance Plan for 2025–2026.
In addition to the considerations above, taxpayers should also know that the new tax law (One Big Beautiful Bill Act, or OBBBA) imposes some restrictions on the deductible amount of charitable gifts by taxpayers at certain income levels.
Aspen Wealth Management recognizes that many of our clients deeply value philanthropy as a part of their financial heritage. If you have questions about your charitable gifting program or any other aspect of your financial plan, we are here to help.