The "One Big Beautiful Bill Act" (OBBBA) of 2025 has fundamentally reshaped the landscape for high-net-worth donors. As we enter 2026, the traditional private foundation is facing increasing complexity, while Donor-Advised Funds (DAFs) have emerged as the most efficient vehicle for capital gains avoidance.
The 0.5% AGI Floor: A New Hurdle for Itemizers
Starting in 2026, taxpayers who itemize their deductions face a new 0.5% Adjusted Gross Income (AGI) floor for charitable contributions. This means the first 0.5% of your income donated provides no tax relief. For an estate or individual with $5M in AGI, the first $25,000 in giving is effectively "on the house" for the IRS.
The 2026 "Bunching" Strategy
To clear the 0.5% floor efficiently, donors are increasingly consolidatng multiple years of giving into a single DAF contribution. This clears the floor in year one, securing a massive deduction, while allowing for anonymous, tax-free grant making in subsequent years.
DAFs vs. Private Foundations: The 2026 Comparison
| Feature | Donor-Advised Fund (DAF) | Private Foundation |
|---|---|---|
| Deduction Limit (Cash) | 60% of AGI (Permanent) | 30% of AGI |
| Deduction Limit (Stock) | 30% of AGI (FMV) | 20% of AGI (Cost Basis) |
| Excise Taxes | 0% (Tax-Exempt) | 1.39% on net investment income |
| Public Disclosure | Anonymous | Public (Form 990-PF) |
The 35% Benefit Cap for High Earners
OBBBA has capped the value of charitable deductions at 35% for those in the 37%+ brackets. However, the **avoidance of Capital Gains Tax** (often 20% + 3.8% NIIT) remains uncapped. By donating appreciated shares to a DAF, you clear the ghost gains entirely while building a charitable war chest for the next decade.
Audit Your "Ghost Gains"
We review your brokerage holdings to identify the highest-alpha assets for charitable disposition. Don't sell and donate cash; donate the shares and clear the tax liability before the new 2026 caps take full effect.
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