Nonprofit (501(c)3) organizations receive a number of benefits from the government: they pay no income tax on any income that is related to their charitable purpose; they pay no real estate taxes (in nearly all jurisdictions); in most jurisdictions, they pay no sales taxes (California is the biggest location where this isn't true - everyone pays sales taxes in California!); and contributions made to these organizations create a tax deduction for the donor. For the moment, only this last benefit seems to be in danger (and probably not much danger, at that). But why should we care?
The largest number of charitable gifts - the small ones - get no tax deduction because they are made by people who don't itemize their deductions, and therefore get no tax benefit from charitable gifts. And the bigger the gift, the more likely it is being made for other reasons than tax treatment. Charitable intent and a relationship with the organization, for example! I still believe that the main reason someone makes a gift to an organization is a belief in the mission of the organization (and that they were asked). It is possible that in some cases the size of the gift might be impacted by tax considerations - a tax savings could make a gift somewhat larger possible. But I would argue that this increase in size is marginal both for the donors and the organizations. If someone is making charitable gifts only for their tax-sheltering properties, I would also suggest that there are much more efficient ways to reduce one's taxes.
Note that I am not a financial planner; I am basing my statements on many years of working with philanthropists, and on anecdotal information. I haven't conducted a scientific study on this issue. However, indications from past changes in the deductibility of contributions (the amount of savings was reduced in 1986 and giving went up the following year) suggest that there will be minimal or no negative impact of a reduction or even elimination of the charitable tax deduction.
A word about estate planning and planned gifts: Estate planning often includes making provisions for charitable gifts. You probably know some of the terms: gift annuity, charitable remainder trust, charitable lead trust, etc. Much of the work of planned giving involves some amount of creating ways of making gifts and bequests that will reduce the amount of estate (and other) taxes that must be paid upon the death of the donor. These arrangements do, indeed, intertwine philanthropy with reducing taxes, but I believe that most of the time a planned gift gets made because the donor has a charitable intent and a relationship to the organization receiving the gift - not just because the gift reduces the tax bite. People with large estates work with advisers who help them minimize the taxes they must pay. Sometimes that minimization involves charity and sometimes it doesn't, but while the existence of the tax benefit might help increase the size of a charitable gift, it doesn't create it. The organization's mission and case for support, and the donor's charitable intent does.
If your organization is worried that your gifts will dry up because the charitable tax deduction goes away, I'm worried about your organization! If you don't have the faith that your mission is important and attractive to potential donors, we should talk. Perhaps I can help you better communicate what makes your mission compelling and reshape your case for support. There are hundreds of thousands of nonprofits in the U.S. My experience is the vast majority were created to fulfill a valid and compelling mission, and that mission is supportable by donors with or without a tax deduction!
Some things to think about...
What do you really know about the impact of the tax deduction on giving to your organization?
What is the ratio of donors in your data base who take the deduction to those who don't?
Can you run a report to find out?
What will you do proactively with what you learn?
Call me if I can help.
