IRC §170 - Individual Deduction
Tax year 2026 adds the new 0.5 percent of AGI floor for itemizers and the new above-the-line deduction for non-itemizers, both under the OBBBA. Tax year 2025 has neither.
Filing status sets the non-itemizer cap under §170(p): $2,000 for married filing jointly, $1,000 for everyone else. The AGI percentage limits for itemizers do not change with filing status.
Itemizers deduct on Schedule A line 11 subject to the AGI percentage limits and (for 2026) the 0.5 percent floor. Non-itemizers get the above-the-line deduction only in 2026 (cash gifts to public charities only).
Form 1040 line 11. This is your contribution base under §170(b)(1)(H). All percentage limits and the 0.5 percent floor are measured against it.
Cash, check, card, or electronic transfer to 50 percent-limit organizations (churches, schools, hospitals, most 501(c)(3) public charities). Deductible up to 60 percent of AGI under §170(b)(1)(G).
Appreciated stock, real estate, or other long-term capital gain property given at fair market value. Limited to 30 percent of AGI under §170(b)(1)(C). You do not recognize the built-in gain.
Clothing, household goods, short-term holdings, or ordinary-income property, deductible at the lower of basis or FMV. Falls under the 50 percent limit (§170(b)(1)(A)). Form 8283 is required for non-cash gifts over $500.
Gifts to non-operating private foundations and other non-50 percent organizations (cash or ordinary property). Limited to 30 percent of AGI under §170(b)(1)(B).
Long-term capital gain property given to a private foundation. Limited to 20 percent of AGI under §170(b)(1)(D) and generally deductible at basis, not FMV.
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Enter your AGI and gifts to see your
IRC §170 deduction and any carryover