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Tax Incentives for Charity: An Overview of Legislative Proposals , Record No.: RS21144, Date: January 29, 2003 1 (January 29, 2003)

handle is hein.tera/crstax0058 and id is 1 raw text is: Order Code RS21144
Updated January 29, 2003
CRS Report for Congress
Received through the CRS Web
Tax Incentives for Charity:
An Overview of Legislative Proposals
Jane G. Gravelle
Senior Specialist in Economic Policy
Government and Finance Division
Summary
This reports describes and, in some cases, briefly discusses, the tax provisions of
the Community Solutions Act (H.R. 7, which passed the House on July 19, 2001). The
provisions include charitable deductions for non-itemizers, rollovers of IRAs into
charitable uses, a reduction in the excise tax on private foundation income, an increase
in the deductions cap for corporate contributions, and several narrower provisions
relating to business contributions of property and charitable remainder trusts. In 2002,
the Senate also reported a substitute that included a number of similar provisions (The
CARE Act of 2002), along with some revenue offsets (user fees and corporate tax
shelters).
The Community Solutions Act of 2001 (H.R. 7), which passed the House on July 19,
2001 had eight new tax provisions designed to benefit charities and charitable giving.
The bill also contained provisions relating to charitable choice (directed at religious
organizations' role in administering government programs).1 According to the Joint
Committee on Taxation, the charitable tax benefit provisions were projected to cost $13.3
billion over 10 years; when fully phased in they cost $2.4 billion on an annual basis.
President Bush proposed three of these tax provisions in his original tax proposal (2001),
but these provisions were not included in the 2001 tax cut (P.L. 107-16). The President's
FY2003 budget included these provisions except the last one (self-constructed property),
with expanded features in two cases (the non-itemizer's deduction and deductions for
inventories), along with a change expediting consideration of applications for exempt
status. S. 1924, introduced in the Senate in the 107th Congress by Senators Lieberman and
Santorum after discussion with the President, would provide a temporary non-itemizers
deduction with a higher cap. The Senate Finance Committee reported out a version of the
bill on June 18, 2002, the CARE Act of 2002 with a temporary non-itemizers deduction
with both a floor and ceiling. It excluded some provisions of H.R. 7 but contained others,
and is estimated to cost $10 billion per year, although the bill contained revenue offsets.
The stated purpose of the tax revision is to encourage giving to charitable organizations:

Congressional Research Service A+ The Library of Congress

For a discussion of charitable choice provisions, see CRS Report RS20948, Charitable Choice
Provisions ofH.R. 7.

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