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FPN Update to Members on Fiscal Cliff Deal |
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On January 1, 2013, Congress passed the American
Taxpayer Relief Act of 2012 (H.R. 8, as amended) in a deal
to avert the fiscal cliff, and President Obama signed the bill into law on January 2. Here are key
highlights from the new law that are most
relevant to philanthropy:
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Charitable Deduction Preserved: Perhaps
the best news in the deal is that it includes no cap on
charitable deductions, which is something that FPN and
our colleague organizations have been working hard to
avoid. The charitable deduction will continue to be
coupled with an individual's or household's
corresponding tax rate. |
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IRA Charitable Rollover Extended:
Another piece of good news in the law is that
the IRA Charitable Rollover provision has been extended
through the end of 2013. This provision permits tax-free
distributions of up to $100,000 per taxpayer, per year
to an eligible charity from an IRA held by someone age
70.5 or older. The provision includes two transition
rules to allow donors to make 2012 contributions, which
are described in more detail by the
Council on Foundations.
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Estate Tax Set at Permanent Rate: The
new law permanently sets the estate tax at a top tax
rate of 40% with a $10 million exemption for
couples, $5 million for individuals. |
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Pease Limitation on Itemized Deductions
Reinstated: One point of concern in the
law is that it reinstates the so-called Pease
Limitation on itemized deductions for higher income
taxpayers. As described by the Council on Foundations, in 2013, itemized deductions for higher
income taxpayers will be reduced by the lesser of (1) 3%
of the amount by which the taxpayer's income exceeds
$250,000 for individual filers, $275,000 for heads of
households, or $300,000 for married couples filing
jointly or (2) 80% of the value of the taxpayer's
itemized deductions. It should be noted that the
limitation applies to all itemized deductions, not just
charitable deductions, and some organizations have
called for Congress to exempt charitable deductions from
the Pease Limitation. The
Council on Foundations and the
Alliance for Charitable Reform offer examples
to illustrate how the
Pease Limitation could affect taxpayers. |
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This agreement leaves major fiscal and tax
policy issues unresolved, so there is still a great deal of potential for Congress to introduce proposals over the next few months that could have a significant negative impact on philanthropy and the broader social sector. FPN will continue to monitor
activities in Washington and keep our members updated on new
developments and new action that may be required.
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If you have any questions about this or other public policy issues, please contact FPN
President & CEO David Biemesderfer at 813-983-7396,
dave@fpnetwork.org. |
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