Clark Howard Says Congress Passed a Law That Specifically Punished People for Giving Money to Charity

A listener named Chris from California put the problem plainly: “We donate about $5,000 every year and plan to continue doing so, but receive no tax benefit.” His family gives generously, gets nothing from the IRS for it, and wanted to know if there was a legal fix. There is, and it works better than most people realize.

Consumer finance expert Clark Howard addressed this directly on the April 3, 2026 episode of The Clark Howard Podcast. His diagnosis was blunt: “Congress passed a law in ’25 that specifically punished people for giving money to charity.” That framing is sharp, but the underlying mechanics support it. The law in question is the One Big Beautiful Bill Act (OBBBA), signed on July 4, 2025, which permanently raised the standard deduction and made several other sweeping tax changes.

Why the 2025 Tax Law Effectively Erased Charitable Deductions for Most Givers

The standard deduction is the culprit. When Congress raised it through the OBBBA, it crossed a threshold where the majority of American households no longer benefit from itemizing. Charitable contributions are only deductible if you itemize, and you only itemize when your total deductions exceed the standard deduction. For a married couple filing jointly, the standard deduction is exactly $31,500 for tax year 2025. A family giving $5,000 per year to charity, with modest mortgage interest and state taxes capped at $10,000 by the SALT limit, almost certainly falls short of that bar. The donation is real, but the deduction disappears entirely.

This is the punishment Howard is describing. The OBBBA did not eliminate the charitable deduction in name. It rendered it functionally useless for anyone who does not already have enough deductions to clear the standard deduction threshold on their own. The Tax Foundation estimates that roughly 86% of taxpayers will take the standard deduction in 2026, up from about 91% in recent prior years.

A Partial Remedy Starting in 2026

One element of the same law that Howard criticized also creates a small but real fix. Beginning with the 2026 tax year, the OBBBA allows non-itemizers to deduct up to $1,000 in cash charitable contributions directly on Form 1040 without itemizing (up to $2,000 for married couples filing jointly). This is a permanent provision, though the dollar amounts are not indexed for inflation. For Chris’s family in California, that means a $2,000 federal deduction they can claim right off the top starting this year, no matter what their other deductions look like.

There is an important limitation, however. The new non-itemizer deduction applies only to direct cash gifts to eligible 501(c)(3) organizations. Contributions to donor-advised funds do not qualify. That distinction matters for the strategy Howard went on to recommend. A $2,000 deduction also does not fully restore the value of $5,000 in annual giving, which is why the bunching approach remains relevant for households that want to maximize the tax benefit of larger charitable budgets.

Also relevant for Chris’s California situation: starting in 2026, the OBBBA raised the SALT deduction cap from $10,000 to $40,400 for married joint filers. That change alone could push many California homeowners back over the itemization threshold, restoring the full value of their charitable deductions without any bunching strategy at all.

The Bunching Strategy: How a Donor-Advised Fund Changes the Math

The fix Howard recommends is called bunching, and a donor-advised fund (DAF) is the mechanism that makes it practical. Instead of giving $5,000 per year across five years, you deposit a large lump sum into a DAF in a single year. That single contribution is large enough to push your itemized deductions above the standard deduction threshold, generating a real tax benefit. You then direct grants from the DAF to your chosen charities over the following years at whatever pace you prefer.

The critical tax mechanic: the deduction happens when you fund the DAF, not when you direct money to individual charities. The IRS treats the DAF contribution as the charitable act. What happens inside the fund afterward is on your timeline.

For Chris’s family, contributing five years of planned donations in one year means depositing $25,000 into a DAF at once. That single move could tip them into itemizing territory, unlocking a deduction that five separate $5,000 gifts never would. DAFs have grown steadily in popularity as a giving vehicle. Fidelity Charitable alone granted a record $18.3 billion to charities in 2025, a 23% increase over the prior year.

The Appreciated Stock Angle: Avoiding Capital Gains While Giving

Howard went further, and this is where the strategy becomes genuinely powerful for anyone holding investments in a taxable brokerage account. Instead of contributing cash to a DAF, you can contribute appreciated stock, ETFs, or mutual funds directly. Howard explained the tax outcome: “You don’t pay capital gains tax, and you get the full benefit of a charitable donation on what the stock, ETF, mutual fund, or index fund is worth at the time you migrate that money to the donor-advised fund. So it’s a double tax benefit.”

Here is how that plays out in practice. Suppose you bought an index fund for $8,000 that is now worth $20,000. Selling it to raise cash for charity triggers capital gains tax on the $12,000 gain. Transferring the shares directly to a DAF instead means owing nothing on the gain and deducting the full $20,000 market value. The double benefit Howard describes is real and not widely understood.

Which DAF to Use and Who This Strategy Fits

Howard named his three preferred DAF providers as Vanguard (lowest cost for larger balances), Fidelity, and Schwab, calling them his “3 favorite children.” He disclosed that he personally uses both a Schwab and a Vanguard DAF. Fidelity Charitable and Charles Schwab (NYSE:SCHW | SCHW Price Prediction) both offer DAFs with no minimum contribution to open. Vanguard Charitable, by contrast, requires a $25,000 minimum for new accounts, which happens to align closely with the five-year bunching amount in Chris’s example. Accounts at Vanguard Charitable below $25,000 are also subject to an annual maintenance fee of $250. For donors starting with smaller amounts, Fidelity or Schwab are the more accessible entry points.

This strategy works best for households that give consistently but fall below the itemization threshold each year and hold appreciated assets in taxable accounts. Households that already itemize comfortably, or those whose appreciated assets sit entirely inside retirement accounts, see less added benefit from this approach. And as noted above, households in high-tax states should first check whether the 2026 SALT cap increase alone pushes them over the itemization bar before going through the mechanics of DAF bunching.

Editor’s note: This article was updated to identify the One Big Beautiful Bill Act (OBBBA), signed July 4, 2025, as the specific legislation Howard referenced; to correct the 2025 standard deduction for married joint filers to $31,500; to add the OBBBA’s new permanent non-itemizer charitable deduction of up to $2,000 for joint filers starting in 2026, along with its limitation excluding DAF contributions; to note the 2026 SALT cap increase to $40,400 for joint filers and its relevance for California donors; and to correct the claim about Vanguard Charitable having no opening minimum, which is $25,000.