Conrad Teitell

Non-itemizers (those taking the standard deduction) may deduct up to $300 of cash gifts to publicly supported charities (other than Donor Advised Funds and Supporting Organizations). This is for 2020 only.

Tax "experts" disagreed whether $600 could be deducted on a joint return. And the answer is: only up to $300 on a joint return. The staff of the Congressional Joint Committee on Taxation in its 108-page "Description of the Tax Provisions of the CARES Act" (page 21, footnote 76) states the deduction is limited to $300 on a joint return. The staff reports are often described as "The Blue Book." Back in the dark ages, the printed copies had blue covers; hence the name.

Is the Blue Book "authority"? Not according to the U.S. Supreme Court in United States v. Woods, 134 S. CT. 557, 568 (2013): "… the Blue Book, like a law review article, may be relevant to the extent it is persuasive."

What should your clients do? I don't give advice in this column. So all I'll say is every client is entitled to his or her decade in court—and it's a long way to certiorari.

Itemizers' Charitable Deduction Ceiling for 2020 Cash Gifts Increased to 100 Percent of AGI:

• Qualifying charities are public charities except Donor Advised Funds (DAFs) and Supporting Organizations. This increase to 100% of AGI is up from 60 percent of AGI. And it's for 2020 only.

• Existing wrinkle. Starting in 2018, the AGI ceiling for cash gifts is 60 percent of AGI (up from 50 percent of AGI). However, due to a drafting error, many believe the 60 percent (instead of the previous 50 percent) of AGI ceiling applies if the donor makes only cash gifts in the year. But this issue doesn't apply in 2020. Thus, the deductibility ceiling for cash gifts in 2020 is 100 percent of AGI even though the donor makes non-cash gifts in 2020.

• Cash gifts made before 2020 and being carried over to 2020 don't qualify for the 100 percent of AGI ceiling. To qualify for the unlimited 100 percent of AGI cash-gift deductibility ceiling, the gifts must be made in 2020.

• For cash gifts exceeding 100 percent of AGI in 2020, the "excess" can be carried over to subsequent years. But the earlier percentage of AGI limits will apply.

• Presumably, IRS will issue guidance on how to claim the 100 percent of AGI deductibility ceiling.

Corporate Cash Gifts In 2020. The charitable deduction ceiling is increased from 10% to 25% of taxable income. CARES Act (Pub. L.116-136, §2205(a)(2)(B)). The increased ceiling must be elected. Presumably, IRS will issue guidance.

And that dear readers, is the news from Lake Taxbegone.