Some worry new tax law will reduce college donations

The limits on deductions are part of the new tax law Congress passed on New Year’s Day.

Charities and nonprofit organizations are worried that new limits on tax deductions for high earners this year will hurt donations—including alumni giving—just as charitable giving is starting to rebound from the depths of the recession.

Experts doubt the new limits on deductions will have much impact on giving, but some major nonprofit organizations fear they’re a sign that the charitable deduction is no longer sacrosanct on Capitol Hill, just as Congress is promising a broader effort later this year to overhaul the tax code.

The limits on deductions are part of the new tax law Congress passed on New Year’s Day. They reduce the value of all itemized deductions for individuals making more than $250,000 and married couples making more than $300,000. Advocates are concerned the limits will reduce the tax incentive for people to make donations to charities and nonprofits such as colleges, religious institutions, and groups that help the poor.

“The charitable deduction incentive is different than any other deduction or credit in the tax code,” said Sandra Swirski, executive director of the Alliance for Charitable Reform, which lobbies on behalf of donors and private foundations. That’s because the deduction encourages people to give away income, while other deductions and credits encourage people to buy things they can then write off, she noted.

Charitable giving in the U.S. increased in 2010 and 2011, according to the latest data. But it has yet to fully return to pre-recession levels, according to data from the Giving USA Foundation and the Indiana University School of Philanthropy.

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Charitable giving by individuals, foundations, and corporations topped $298 billion in 2011. In 2007, it was $337 billion, in inflation-adjusted dollars.

The new tax provision reduces the amount of itemized deductions a taxpayer can claim by 3 cents for every dollar of income above the threshold. For example, if a married couple has an adjusted gross income of $400,000, that’s $100,000 above the threshold, so the itemized deductions would be reduced by $3,000.

Itemized deductions cannot be reduced by more than 80 percent under the provision.

In this example, if the couple had a total of $60,000 in itemized deductions, they could claim only $57,000. If they were in the 33-percent income tax bracket, the provision would increase their taxes by $990.

The provision is a revival of the “Pease” limitation, first enacted in 1990 but phased out in 2010 as part of the massive package of Bush-era tax cuts. It is named after a deceased congressman, Rep. Donald Pease, D-Ohio, who wrote the measure.

Experts say there is no evidence that the limitation reduced charitable giving in the past, and no reason to think it will have much of an impact going forward. Charitable giving steadily increased in the 1990s, when the economy flourished.