PHILANTHROPIC TAX SHELTER GIVING: A Critical Examination

By Dr. David Edward Marcinko; MBA MEd

SPONSOR: http://www.MarcinkoAssociates.com

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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.

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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

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DONOR ADVISED FUND: Defined

WHAT IS A DONOR ADVISED FUND?

Sponsor: http://www.CertifiedMedicalPlanner.org

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A donor-advised fund is a private account created to manage and distribute charitable donations on behalf of an organization, family, or individual. Donor-advised funds can democratize philanthropy by aggregating the contributions of multiple donors, thus multiplying their impact on worthy causes. Donor-advised funds also have abundant tax advantages.

DONOR DEPENDENCY: https://medicalexecutivepost.com/2025/01/02/culture-donation-dependency/

Donor-advised funds have become increasingly popular, as they offer the donor greater ease of administration while still allowing them to maintain significant control over the placement and distribution of charitable gifts. But, unlike private foundations, donor-advised fund holders enjoy a federal income tax deduction of up to 60% of adjusted gross income (AGI) for cash contributions and up to 30% of AGI for the appreciated securities they donate. Donors to these funds can contribute cash, stock shares, and other assets. When they transfer assets such as limited-partnership interests, they can avoid capital gains taxes and receive immediate fair market value tax deductions.

MEDICAL ETHICS: https://medicalexecutivepost.com/2024/06/20/medical-ethics-physician-and-financial-organizations/

According to the National Philanthropic Trust’s 2023 Donor-Advised Fund Report, these funds have continued to grow in recent years, despite some headwinds including the Covid-19 pandemic and occasional stock market setbacks. Total grants awarded by donor-advised funds in 2022 increased by 9% to $52.16 billion, while total contributions rose by 9% to $85.5 billion.

Many donor-advised funds accept non-cash assets—such as checks, wire transfers, and cash positions from a brokerage account—in addition to cash and cash equivalents.

Donating non-cash assets may be more beneficial for individuals and businesses, leading to bigger tax bigger write-offs.

PHILANTHROPY: https://medicalexecutivepost.com/2021/11/15/national-philanthropy-day-2021/

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GIVING CIRCLES: Defined

By Staff Reporters

SPONSOR: http://www.CertifiedMedicalPlanner.org

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Giving circles are kick starting a new era of philanthropy where individuals give together to make social change happen.

A giving circle brings a group of people with shared values together to collectively discuss and decide where to make a pooled gift.

Philanthropy: https://medicalexecutivepost.com/2021/11/15/national-philanthropy-day-2021/

Giving circles support with their dollars, but also build awareness, volunteer, become board members and more. Individuals multiply their impact and knowledge, have fun, and connect with their local community.

Ethics: https://medicalexecutivepost.com/2024/06/22/medical-ethics-managing-risk-is-a-component-of-caring/

People are coming together around the world to create the change they want to see in the world. Giving circles are a growing global movement with more than 2,500 active circles around the world giving intentionally and thoughtfully.

Donor Advised Funds: https://medicalexecutivepost.com/2024/11/27/a-thanksgiving-donation-in-name-only/

Giving circles are a modern form of collective giving with roots in cultures across the globe for many decades!

EDUCATION: Books

Cite: https://johnsoncenter.org/2023-us-collective-giving-research-initiative/

Visit WhatIsAGivingCircle.com for more on this collective giving model and why people-centered philanthropy is so powerful.

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National Philanthropy Day 2021

CELEBRATE AND GIVE TODAY?

By Staff Reporters

National Philanthropy Day is an observance designated by the Association of Fundraising Professionals.

Image result for national philanthropy day

It is a day to celebrate charitable activities, in the form of donated financial, in-kind and volunteering support. It is celebrated with blog postings by AFP highlighting outstanding charitable activities, as well as luncheons and awards throughout the USA by different AFP chapters.

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