PHILANTHROPIC TAX SHELTER GIVING: A Critical Examination

Posted on January 19, 2026 by Dr. David Edward Marcinko MBA MEd CMP™

By Dr. David Edward Marcinko; MBA MEd

SPONSOR: http://www.MarcinkoAssociates.com

***

***

Philanthropy is often celebrated as a noble endeavor, allowing wealthy individuals to contribute to societal welfare. However, beneath its altruistic veneer, philanthropic giving can also function as a strategic financial tool—particularly as a form of tax shelter. This duality raises important questions about equity, influence, and the role of private wealth in shaping public outcomes.

At its core, a tax shelter is any legal strategy that reduces taxable income. In the case of philanthropy, the U.S. tax code allows individuals to deduct charitable donations from their taxable income, often up to 60% depending on the type of donation and recipient organization. For billionaires and high-net-worth individuals, this can translate into substantial tax savings. For example, donating appreciated stock or real estate not only earns a deduction for the full market value but also avoids capital gains taxes that would have been incurred through a sale.

One common vehicle for such giving is the donor-advised fund (DAF). These funds allow donors to make a charitable contribution, receive an immediate tax deduction, and then distribute the money to charities over time. While DAFs offer flexibility and convenience, critics argue they enable donors to delay actual charitable impact while still reaping tax benefits. In some cases, funds sit idle for years, raising concerns about whether the public good is truly being served.

Private foundations present another avenue for tax-advantaged giving. By establishing a foundation, donors can retain significant control over how their money is spent, often employing family members or influencing policy through grantmaking. While foundations are required to distribute a minimum of 5% of their assets annually, this threshold is relatively low, and administrative expenses can count toward it. This means that a large portion of foundation assets may remain invested, growing tax-free, while only a fraction is used for charitable work.

Beyond financial mechanics, philanthropic tax shelters raise ethical and democratic concerns. When wealthy individuals use charitable giving to reduce their tax burden, they effectively shift resources away from public coffers—funds that could support schools, infrastructure, or healthcare. Moreover, philanthropy allows donors to direct resources according to personal priorities, which may not align with broader societal needs. This privatization of public influence can undermine democratic decision-making and perpetuate inequality.

In conclusion, while philanthropic giving can yield positive social outcomes, it also serves as a powerful tax shelter for the wealthy. The challenge lies in balancing the benefits of private generosity with the need for transparency, accountability, and equitable tax policy. As debates over wealth concentration and tax reform intensify, reexamining the role of philanthropy in public finance becomes increasingly urgent. Only by addressing these complexities can society ensure that charitable giving truly serves the common good.

COMMENTS APPRECIATED

EDUCATION: Books

SPEAKING: Dr. Marcinko will be speaking and lecturing, signing and opining, teaching and preaching, storming and performing at many locations throughout the USA this year! His tour of witty and serious pontifications may be scheduled on a planned or ad-hoc basis; for public or private meetings and gatherings; formally, informally, or over lunch or dinner. All medical societies, financial advisory firms or Broker-Dealers are encouraged to submit an RFP for speaking engagements: CONTACT: Ann Miller RN MHA at MarcinkoAdvisors@outlook.com -OR- http://www.MarcinkoAssociates.com

Like, Refer and Subscribe

***

***

Filed under: "Ask-an-Advisor", Ethics, Funding Basics, Glossary Terms, iMBA, Inc., Portfolio Management, Touring with Marcinko | Tagged: , , , , , , , , , , , , , , | Leave a comment »

THANKSGIVING: Donor Advised Funds

Posted on November 27, 2024 by Dr. David Edward Marcinko MBA MEd CMP™

DONATION: In “Name” Only?

Staff Reporters

***

Proponents of DAFs say that their structure encourages giving: The tax deduction encourages wealthy patrons to dedicate money for charity even before they’ve decided which cause to support. “Donors may have good reasons to postpone grants,” a Stanford Law School article says..

In one hypothetical, a tech founder who “sells a startup for millions of dollars” may want to donate her takings but is too busy to immediately decide how to direct the funds; a DAF is a good choice for this person, the law article notes.

However, while DAFs could in theory grow the charitable pie, in practice, they too often allow the donor the illusion of charity while letting them keep control of their funds, critics say. 

While a gift to a DAF is treated the same as an outright gift to the Red Cross or United Way, in practice, it “effectively allows the donor to retain ongoing control over the charitable disposition and investment of the donated assets,” tax scholars Roger Colinvaux and Ray Madoff wrote in 2019. What’s more, “donors are under no obligation, and have no incentive, ever to release their advisory privileges to make the funds available for charitable use.”

And ultra wealthy donors get a substantially larger tax break than a middle-class worker. As much as 74 cents of every dollar given to charity comes back to the donor in the form of tax breaks, according to calculations by Colinvaux and Madoff, with the highest-earning donors getting the biggest benefits A person in the top tax bracket would save 37% of their federal income tax for every dollar they contribute with a charitable donation; a similar amount of state income tax; and, depending on what they donate and when, they can also avoid capital gains tax and estate tax. (By contrast, a typical worker who makes about $60,000 and doesn’t own stocks would save 22% from their cash contribution, in addition to any state tax savings.) 

What’s more, because there’s no way to track donations from particular DAF accounts, they act as a form of “dark money,” allowing donors to give vast sums, essentially anonymously, to a range of potentially unsavory organizations, including nonprofits that advocate for specific political causes or organizations classified as hate groups, IPS says. 

“This allows DAFs to be used to hide transfers — similar to the way the ultra-wealthy use multiple shell companies to hide the movement of money among offshore accounts,” IPS writes. 

All of these strategies are completely legal, the IPS notes, as are other potentially questionable tactics used by family foundations—such as paying family members to serve as foundation trustees or act as executives of foundations, sometimes at salaries in the hundreds of thousands of dollars a year. However, the IPS argues, they erode public trust in charities and the tax system overall.

“The fact that billionaires opt out of paying taxes, have these closely held family foundations and get to play God about where the money goes, that’s private power — unaccountable private power,” Collins said. 

“At this point philanthropy is at risk of becoming taxpayer-subsidized private power.”

COMMENTS APPRECIATED

Refer a Colleague: MarcinkoAdvisors@msn.com

Your Referral Count: 0

***

***

Filed under: "Advisors Only", "Doctors Only", Accounting, Estate Planning, Ethics, Experts Invited | Tagged: , , , , , , , , , | 1 Comment »