PG Calc Featured Articles

Charitable lead trusts, as we know them today, were created in the Tax Reform Act of 1969. It didn’t take long after that for sophisticated estate planners and planned giving officers to recognize that charitable lead trusts offered wealthy donors a great way to provide for heirs, make a generous charitable gift, and save a lot of taxes in the process.

When the Tax Reform Act of 1969 was passed, the federal estate tax exemption was just $60,000. Any estate larger than $60,000 would owe federal estate tax. Fast forward to 2026. The federal estate tax exemption is now $15 million per person, $30 million per married couple. Fewer than one in 1,000 estates closed in 2026 will owe any federal estate tax. For these estates, the charitable lead trust still offers a way to reduce federal estate tax.

What about the other 999 estates? Can the charitable lead trust provide them with any tax benefit? As with many things in life, it depends! Seventeen states have their own estate tax or inheritance tax.

In the world of fiduciary investment portfolios, we’ve been on a fairly steady roll over the past few years. We saw economic collapse on a global scale in 2020 as a result of the worldwide pandemic, but somehow, at the end of the year, the major stock and bond indices produced positive returns. On the other hand, both the stock and bond indices produced disastrous results in 2022. It was one of the only years in recent history wherein both stocks and bonds sustained significant losses. And yet, investment performance the very next year was quite strong, and 2024 was another good year.

There were myriad reasons for investment values to drop in 2025 – major layoffs and job losses, rising inflation, implementation of fairly severe tariffs, economic uncertainty – to name the most obvious. There was also tremendous upheaval in the federal government – massive firings by the Department of Government Efficiency (DOGE), a major effort to combat illegal immigration, and a Congress more divided than ever before. But somehow, the values of traditional mainstream investments still managed to rise over the course of the year.

Here are some of the facts . . .

Congratulations, you’ve made it through the gauntlet of calendar-year-end activities! But before you sigh with relief, here’s a list of items you should review annually. Ideally, these are completed in the peaceful window between the mailing of your 1099-Rs to annuitants in January and the filing of 1099-Rs with the IRS in March.

Planned giving professionals often spend time with the wealthiest of donors, those for whom the tax aspects of their giving is frequently a significant driver. For these conversations, the technical details and legal aspects of charitable gift vehicles, such as charitable remainder trusts, can be an essential element in the pursuit of an optimum gift.

However, it is important to consider what drives the majority of donors who make up the lion’s share of planned gifts. Charitable bequests continue to be a huge source of giving, even though they don’t afford tax benefits for most donors. According to Giving USA, testamentary gifts hover between 8% and 10% of total giving each year. Our clients regularly receive more than 90% of their planned giving revenue through charitable bequests, beneficiary designations, and other revocable forms. These ratios have not changed much in the past 40 years despite changes in various tax laws.

The democratization of charitable gift planning – ensuring the tools of charitable gift planning are accessible to all, not just a few – can take many forms, some familiar and some newer. Understanding and appreciating these concepts and trends is critical for today’s planned giving officer.

A qualified charitable distribution (QCD) counts toward the donor’s required minimum distribution (RMD), and that’s a great way to avoid some of the income tax on the RMD. However, some donors miss the fact that RMDs apply to all qualified retirement plans. In addition, donors may not fully understand that withdrawals from any qualified plan are taxable income unless the withdrawal is a QCD or a tax-free rollover to a different qualified plan.

So, while it’s accurate to say “your QCD will reduce the tax on your RMD,” that’s true only for the IRA account from which the QCD is made. And that’s the trap that snared your hapless donor: there is an RMD on their 401(k) which they will have to take this year. But they cannot make a QCD from a 401(k) to offset that RMD. Even worse, their retirement plan custodian cannot make a tax-free rollover to an IRA until after this year’s RMD has been withdrawn from the 401(k). Alas, it’s too late for this year but, fortunately, it’s easy to avoid this trap next year … if they act now.

The One Big Beautiful Bill Act (OBBBA) reshapes many aspects of tax planning. How these changes will affect donor behavior remains to be seen. For fundraisers, understanding the key changes – when they start, when they end, and how they’ll affect your donors – is critical to informing fundraising strategies and messages.

Most of the provisions of the OBBBA with significant potential impact on charitable giving take effect beginning in 2026 and, importantly, many of the charitable provisions are permanent and do not sunset. These changes provide a new, but complex, basis for charitable gift planning.

Here is a breakdown of several key provisions and their potential implications for donors . . .

Charitable giving totaled $592.5 billion last year according to research conducted by the Lilly School of Philanthropy and published in Giving USA, The Annual Report on Philanthropy for the Year 2024. This is the first annual increase since 2021, when a record $643.8 billion was contributed, and represents a 3.3% increase over 2023 after inflation. Nearly three quarters of all giving was from individuals, including $392.5 billion in current giving and $45.8 in bequests, while giving from foundations was $109.8 billion and corporate giving totaled $44.4 billion.

Beyond the broad totals, the Giving USA report points to some interesting trends . . .

On July 4th, President Trump signed into law HR 1, the “One Big Beautiful Bill” (OBBB). While technically a tax bill, the OBBB implements significant elements of the President’s second-term agenda including making permanent most of his 2017 tax cuts, which were set to expire at the end of 2025. Although the financial and tax impact on donors will vary, there is little in the OBBB that directly affects charitable gift planning, and the bill does not include many legislative priorities championed by the charitable sector.

Here is a summary of a few key individual taxpayer provisions of the OBBB along with some observations about the impact they could have on your work with donors.

Breaking News:

Late Monday, June 16, 2025, the Senate Finance Committee released its proposed revisions to the One Big Beautiful Bill Act. Among the proposed changes are:

• Increase and make permanent the non-itemizer charitable deduction to $1,000 for individuals and $2,000 for joint filers.
• Add a 0.5% floor on the charitable deduction for individuals who itemize (designed to offset the cost of the non-itemizer charitable deduction).
• Permanently extend the increased 60% AGI cap on the charitable deduction for cash contributions.
• Remove the increased net investment income tax on private foundations.
• Reduce the excise tax on investment income of private colleges and universities to:
  • $500,000 - $750,000 per student – 1.4% (same as House)
  • $750,000 - $2 million per student – 4%
  • More than $2 million per student – 8%
    (Note that “student” includes US citizens only)

Bear in mind, the Senate still must vote on the proposed legislation, and then the Senate and House versions will need to be reconciled. The majority are still pushing to pass the final bill before the July 4th holiday. In other words: “Stay tuned!”

Just after sunrise on May 22, 2025, the House of Representatives passed HR 1, “The One Big Beautiful Bill Act” by a vote of 215 to 214. Now, the Senate is considering the 1,038-page bill and proposing changes which will go back to the House for further consideration. Under the regular order, this back-and-forth process will continue until both chambers reach agreement on a final bill which then goes to the President for signature. The Administration’s announced ambition is to sign the bill into law by Independence Day.

We’re still a long way from knowing exactly what might be signed into law. Nevertheless, here is a summary of some of the provisions – as passed by the House – that could affect charitable giving.

We frequently hear about so-called “underwater gift annuities” from our clients. We’re talking about those charitable gift annuities (CGAs) that were established many years ago – by donors with the best of intentions – but for which, over the years, the annuity payments have used up all the gift principal. The annuitant (who is frequently the donor) has probably lived well past his or her original life expectancy, but the sponsoring charity is still obligated to continue making annuity payments for as long as the annuitant is still alive. In case there is any question, there is absolutely zero chance of the charity ever receiving any residuum from that gift. And rest assured, this is not an unusual occurrence. We hear this same sad story again and again.

How did this happen? How did we end up in these unpleasant circumstances? And more specifically, what is to be done now? How does the sponsoring charity manage the situation going forward? And does the charity have any options at this point?