Changes to charitable giving from OBBBA

Obviously, there were many changes to the tax code with the implementation of the One Big Beautiful Bill Act (OBBBA) earlier this summer.  No matter what your level of wealth, but especially for the ultra-high-net-worth, if you are charitably minded, you should pay attention to these changes to take full advantage of the tax code under the new bill.  Here’s what’s about to shift in charitable giving when OBBBA kicks in for the 2026 tax year, and how thoughtful donors can adapt to keep generosity impactful and tax-smart.

OBBBA was signed into law in July 2025 and includes several provisions that directly touch charitable deductions starting January 1, 2026. In short, the law changes who benefits, how much is deductible, and when timing really matters.1

What’s changing in 2026
  1. A new universal charitable deduction for non-itemizers:
    For the first time since the temporary CARES-era rules, non-itemizers will get a modest above-the-line deduction: up to $1,000 for single filers and $2,000 for married filing jointly for cash gifts to qualified charities. This creates a floor of benefit even if you don’t itemize.2
  2. A 35% cap on the tax benefit for top-bracket donors:
    This one gets wonky really quick…If you’re in the 37% marginal bracket, the value of your itemized charitable deduction will be capped at 35% beginning in 2026. Practically, a $100,000 gift produces a $35,000 income reduction instead of $37,000 under current rules. High earners should revisit multi-year giving plans with this cap in mind.3
  3. A new charitable deduction floor for individuals:
    Beginning in 2026, itemizing individuals can only deduct charitable gifts to the extent total annual giving exceeds 0.5% of their contribution base (generally AGI). Amounts below that floor aren’t deductible. The first 0.5% is basically throw-away contributions…no tax savings.  There are carryforward interactions and some relief for pre-2026 carryovers.4
  4. SALT cap dynamics can change the math of itemizing:
    OBBBA raises the state and local tax (SALT) deduction cap to $40,000 for 2025 and then increases it slightly each year through 2029 before snapping back to $10,000 in 2030. That higher cap in 2025 can push more households into itemizing for that year, which affects whether you should bunch charitable gifts into 2025 or stage them differently across 2026 and beyond.5
Strategy moves to consider now
  1. Bunch 2025 giving, then smooth 2026+:
    If you planned significant gifts in the next 12-24 months and you’re a high earner, consider accelerating into 2025 to avoid the 35% cap and the 0.5% floor that begin in 2026. Using a donor-advised fund lets you make the large, potentially pre-2026 contribution for tax purposes while pacing grants to charities over several years. This can also pair well with 2025’s higher SALT cap to maximize itemizing in one year.6
  2. For non-itemizers, plan to use the new universal deduction annually:
    Households that typically take the standard deduction should plan to give at least $1,000 ($2,000 MFJ) in cash each year to capture the new above-the-line benefit starting in 2026. Keep good receipts and ensure gifts go to qualified organizations. If your giving is sporadic, consider consolidating into a single calendar year to clear any administrative thresholds and simplify tracking.7
  3. Re-optimize appreciated asset gifting:
    Gifting highly appreciated securities still avoids capital gains tax and can be combined with a DAF to streamline execution. But because 2026 introduces a 0.5% floor for itemizers, coordinate the size and timing of appreciated stock gifts so that your total giving clears the floor and captures the full intended deduction. Large, fewer-and-farther-between gifts may be more efficient than many small ones post-2026.8
  4. Lean on QCDs for IRA owners age 70½+:
    QCDs remain a standout tool because they reduce taxable income directly rather than relying on itemized deductions, which helps regardless of floors or caps. If you’re charitably inclined and subject to RMDs, map out a multi-year QCD plan to satisfy some or all of your RMD while supporting charities.9
  5. Mind carryforwards and pre-2026 gifts:
    If you already have charitable deduction carryforwards, note that amounts carried into post-2025 years from gifts made before January 1, 2026 are not subject to the new 0.5% floor when used. Work with your advisor to prioritize using those carryforwards efficiently alongside any new giving.10
Bottom line

Generosity still works. What’s changing under OBBBA is the path to getting full tax value from your gifts. For 2025, ultra-high-net-worth families may benefit from front-loading into a DAF and harvesting appreciated positions before the new cap and floor arrive. For 2026 and beyond, standard-deduction households can finally claim a modest benefit each year, and retirees can keep leaning on QCDs to simplify taxes and amplify impact. The best plan is coordinated: tax bracket, SALT position, portfolio gains, and charitable goals aligned on a multi-year calendar.

Giving While Living

If charity is part of your legacy plan, the best time to start giving back could be right now. Spending on other people is one of the most rewarding ways we can use our money. And seeing your generosity in action might give you some ideas on how to improve your legacy planning for your beneficiaries.

Here are three ways you can kickstart your legacy plan and take a more active role in your long-term charitable goals.

Solve a local problem.

The issues in the world are so great right now that many smaller concerns can slip through the cracks. Somewhere in your community right now there is a park in disrepair, a vital organization or program that’s hurting for funds, or a group of people whose needs aren’t being met. You could coordinate with other concerned citizens and local leaders on an action plan or start your own charitable organization that’s focused on filling that void. If your initial efforts fall short, or if solving one problem reveals more issues, you can recalibrate your plans — and your giving strategy — in the service of more permanent solutions. Being a force for positive change in your community might even inspire similar acts of charity and kindness among your neighbors.

Donate your time.

Charities depend on passionate people almost as much as they depend on donations. Whatever your professional background may be, it’s likely that there’s a cause that can benefit from your skills and knowledge during a few weekly volunteer shifts. If you’re also donating to a place where you volunteer, you’ll gain a “behind-the-scenes” perspective on how your money is being spent, and perhaps on ways that the organization could be using its resources more effectively. And if you’re still working full time, volunteering can also be a great glide path during your transition into retirement. As your career begins winding down, you can use your charitable goals to create a new retirement schedule that will keep you active and engaged.

Empower your loved ones.

Depending on the laws in your place of residence and what your giving goals look like, there are many options for distributing your wealth to your heirs. You might consider outright gifts, such as helping with the downpayment on a house or car. If grandchildren are on the way, you might open savings or investment accounts in their names. If you’re considering leaving behind a sizable amount of money to an adult relative, gift them a smaller amount and see how responsibly they manage their “pre-inheritance.” Perhaps your generosity will open up opportunities for you to pass on some of your wisdom around gaining, managing, and growing wealth. Or, you might decide that rather than leaving money to loved ones directly, a family trust might be a more efficient way to preserve your wishes.

You could also establish a family charitable organization and start involving your heirs in its management. Have a family conversation about the causes that are nearest to your heart and how you can use your family’s resources to make a lasting impact. More than just leaving money to your loved ones, you’ll also be leaving them with a real sense of purpose and a deeper understanding of what was really important to you.

Charitable giving of any kind will raise some important financial planning issues, starting with the tax ramifications for you, your estate, and your beneficiaries. Establishing trusts or family charities will require even more complex planning. We can help you clarify your charitable goals so that we can work together on the best strategies for preserving your legacy.