What We're Tracking in DC
H.R.1 Signed Into Law
Last week, both the House and Senate passed the budget reconciliation package. President Trump signed it into law on July 4. Key provisions that impact philanthropy include:
- Establishing a permanent charitable deduction for nonitemizers capped at $1,000 ($2,000 for joint filers), not including contributions to donor-advised funds;
- Making permanent the 60% of AGI limit for charitable contributions of cash for itemizers;
- Creating a 0.5% floor for the charitable deduction for itemizers (i.e., itemizers must donate 0.5% of their AGI before the charitable deduction kicks in);
- Limiting the tax benefit of all itemized deductions to 35%;
- Creating a 1% floor on charitable giving from corporations (and maintains the existing 10% ceiling).
The final package does not include an increase to the private foundation excise tax or changes to nonprofit unrelated business income tax. Review our updated summary for more detail on these and other provisions that impact philanthropy.
IRS Offers to Settle With Texas Churches
Last year, the National Religious Broadcasters and two Texas churches sued the IRS challenging the Johnson Amendment, which prohibits 501(c)(3) organizations from engaging in electioneering, including endorsing candidates for political office.
Earlier this week, the IRS submitted a court filing stating that “communications from a house of worship to its congregation in connection with religious services through its usual channels of communication on matters of faith do not run afoul of the Johnson Amendment.” If the Court accepts the proposed settlement, it will apply only to the plaintiffs. The proposed settlement is concerning because even though it wouldn't establish binding precedent, it has the potential to encourage additional efforts to weaken the Johnson Amendment.
The Council strongly supports the Johnson Amendment as a protection for tax-exempt organizations, and we remain concerned about any potential weakening of it. See the Council’s statement in response to the IRS motion.