
KEY CONSIDERATIONS TO GUIDE YOUR GIFTING STRATEGY
Gifting cash to charity
Previously, cash contributions to a public charity (if you itemized deductions) were capped at 60% of your adjusted gross income (AGI). In 2020, the CARES Act allows you to deduct up to 100% of your AGI. For example, if your AGI in 2020 was $500,000 and you made cash qualified charitable contributions in the same amount, you won’t owe any taxes for the 2020 tax year. If your contributions exceed your AGI, the excess can be carried over for the next five years and will be subject to percentage limitations in the carryover years. Lawmakers are set to decide if this will continue through 2021.
Gifting stocks and managing capital gain taxes
Gifting low-cost basis stock for charitable contributions is usually a win-win scenario for the donor and the charity. The charity can sell the stock tax free to raise cash; the donor gets a tax deduction up to 30% of AGI and avoids the capital gains tax on the stock.
If you’re gifting to an individual to help with an upcoming major expense (i.e., college, house, or a new car) and the recipient is in the 12% tax bracket or less, you can also gift low-cost basis stock. Any capital gain will be taxed at a federal tax rate of 0%.
Finally, if you have stock in a loss position, you might consider selling the stock first, recognizing the loss yourself for your own tax benefit, and then gifting the cash.
Gifting from an Individual Retirement Account (IRA)
If you’re age 70-1/2 years of age or older, qualified charitable contributions (QCDs) allow you to transfer up to $100,000 each year directly to charity from an IRA or inherited IRA. If you are age 72 or older, this distribution also counts toward your annual required minimum distribution (RMD) and allows for the amount to be excluded from taxable income.
GIFTING HIGH-COST BASIS ASSETS
If you’re gifting assets that are intended to be held for the long term, gift high- cost basis assets vs. low-cost basis assets. By gifting the asset, you remove it from your taxable estate—but you also lose the opportunity for a step up in cost basis upon your death. If you hold an asset with a low-cost basis when you pass away, the asset receives a step up in cost basis and any capital gain prior to death has been eliminated.
WE CAN HELP
When planning your lifetime gifting strategy for the people and causes you love, it’s important to seek the advice of your tax, legal, and financial advisors. Contact Commerce Trust today—we’re here to answer all your questions regarding your options and help you make informed decisions that are in your best interest.
¹Consult your tax advisor
The opinions and other information in the commentary are provided as of February 23, 2021. This summary is intended to provide general information only, and may be of value to the reader and audience.
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