PolicyBrief
H.R. 8783
119th CongressMay 13th 2026
To amend the Internal Revenue Code of 1986 to exclude from gross income charitable distributions from certain employer-sponsored retirement plans, and for other purposes.
IN COMMITTEE

This bill allows taxpayers to exclude certain charitable distributions made directly from employer-sponsored retirement plans from their gross income, similar to existing IRA rules.

Donald Beyer
D

Donald Beyer

Representative

VA-8

LEGISLATION

New Bill Expands Tax-Free Charitable Giving from 401(k)s and Other Employer Retirement Plans

Ever thought about donating to your favorite charity directly from your 401(k) or other work retirement plan without it hitting your taxable income? Well, a new bill is looking to make that a reality, bringing employer-sponsored plans in line with what's already possible for IRAs.

Your Retirement, Your Charitable Giving

This legislation essentially says, if you're 70½ or older, you can direct up to a certain amount of money each year straight from your employer-sponsored retirement plan to a qualifying charity, and that money won't be counted as income for tax purposes. Think of it like a direct deposit to a good cause, skipping the taxman on the way. This is a big deal because, normally, when you pull money from a 401(k) in retirement, it's taxed as ordinary income. This bill, specifically in its amendment to the Internal Revenue Code of 1986, aims to change that for charitable distributions.

How It Works and Who Benefits

So, how much are we talking? The bill sets an annual limit, which for 2024 is $105,000, and this amount is adjusted for inflation. This isn't an extra limit; it's the same limit that applies to IRA charitable distributions. So, if you've already donated from your IRA, that counts towards this total. The funds have to go directly to a public charity (sorry, no donor-advised funds or supporting organizations on this one, as per section 170(b)(1)(A)).

This isn't just for 401(k)s, either. The bill covers a pretty broad range of plans: your standard 401(k)s, 403(a) annuity plans, 403(b) annuity contracts, and even governmental 457(b) plans. Plus, it tidies up an old restriction, finally letting SEP and SIMPLE IRAs join the party and make these qualified charitable distributions under the existing IRA rules. This means more options for more people to give back in a tax-efficient way. For example, a small business owner with a SEP IRA could now easily direct funds to a local food bank without increasing their taxable income, a move that wasn't as straightforward before.

The Fine Print and Real-World Impact

The rules that currently govern IRA charitable distributions will largely apply here, too, which helps prevent any funny business and keeps things consistent across different retirement accounts. The bill also clarifies how to figure out the pre-tax portion of your distribution, looking at all your nonforfeitable amounts across all qualified employer plans you have with the same employer. This means the IRS will have a clear picture of what's what.

For everyday folks, especially those 70½ and older who are looking for ways to support causes they care about while managing their retirement income, this is a win-win. It could mean more money going to charities, and less hassle (and taxes) for donors. This change kicks in for tax years starting after the bill becomes law, so it's something to keep an eye on for future charitable planning.