PolicyBrief
S. 317
119th CongressJan 29th 2025
Charitable Act
IN COMMITTEE

The Charitable Act allows individuals who do not itemize their taxes to claim a charitable contribution deduction of up to one-third of their standard deduction for the 2026 and 2027 tax years.

James Lankford
R

James Lankford

Senator

OK

LEGISLATION

Charitable Act Proposes Major Tax Break for Non-Itemizers: Deductions Up to One-Third of Standard Amount Starting in 2026

The Charitable Act is stepping in to change the math for the millions of us who take the standard deduction rather than itemizing every single expense. Starting in the 2026 tax year, this bill allows taxpayers who don't itemize to deduct their charitable donations up to a maximum of one-third of their standard deduction amount. Currently, if you don't itemize, your charitable giving usually doesn't lower your tax bill; this change effectively creates a 'universal' deduction that rewards giving regardless of how you file.

Giving Without the Paperwork Headache

For most people working a 9-to-5 or running a side hustle, itemizing taxes is a chore that isn't worth the effort compared to the standard deduction. Under this bill, you can keep the simplicity of the standard deduction while still getting a tax break for the money you give to your local food bank or animal shelter. For example, if the standard deduction for a single filer is around $15,000, this bill could potentially allow you to deduct up to $5,000 in charitable gifts on top of that. It’s a significant shift that makes the financial benefit of donating accessible to more than just the highest earners who typically itemize.

Relaxing the Rules on Mistakes

One of the more interesting technical tweaks in Section 2 is the removal of specific IRS penalties for overstating these charitable claims. By striking Section 6662(b)(9) of the tax code, the bill eliminates the extra accuracy-related penalties that were previously tied to this specific deduction. While you still can't legally claim money you didn't give, it removes a layer of bureaucratic 'gotcha' that might have made some people nervous about claiming the deduction in the first place. It’s a move toward a more user-friendly tax code for the average donor.

Timing and Long-Term Outlook

This isn't a permanent change yet—the bill specifically targets the 2026 and 2027 tax years. This gives the government a two-year window to see if the incentive actually drives more money toward nonprofits. For the average person, this means you’ll want to start keeping those donation receipts in your 2026 folder. While the bill is clear and low on jargon, the real-world impact will depend on whether people realize this 'hidden' deduction exists when they go to file their taxes a few years from now.