Pub. L. 116-260, div. EE, tit. II, sec. 212 (as amended)
CERTAIN CHARITABLE CONTRIBUTIONS DEDUCTIBLE BY NON-ITEMIZERS.
SEC. 212. CERTAIN CHARITABLE CONTRIBUTIONS DEDUCTIBLE BY NON-ITEMIZERS.
(a) [26 U.S.C. 170] In General.—Section 170 is amended by redesignating subsection (p) as subsection (q) and by inserting after subsection (o) the following new subsection:
“(p) Special Rule for Taxpayers Who Do Not Elect to Itemize Deductions.—In the case of any taxable year beginning in 2021, if the individual does not elect to itemize deductions for such taxable year, the deduction under this section shall be equal to the deduction, not in excess of $300 ( $600 in the case of a joint return), which would be determined under this section if the only charitable contributions taken into account in determining such deduction were contributions made in cash during such taxable year (determined without regard to subsections (b)(1)(G)(ii) and (d)(1)) to an organization described in section 170(b)(1)(A) and not—
“(1) to an organization described in section 509(a)(3), or
“(2) for the establishment of a new, or maintenance of an existing, donor advised fund (as defined in section 4966(d)(2)).”
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(b) Penalty for Underpayments Attributable to Overstated Deduction.—
(1) In general.—Section 6662(b) is amended by inserting after paragraph (8) the following:
“(9) Any overstatement of the deduction provided in section 170(p).”
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(2) Increased penalty.—Section 6662 is amended by adding at the end the following new subsection:
“(l) Increase in Penalty in Case of Overstatement of Qualified Charitable Contributions.—In the case of any portion of an underpayment which is attributable to one or more overstatements of the deduction provided in section 170(p), subsection (a) shall be applied with respect to such portion by substituting ‘50 percent’ for ‘20 percent’.”
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(3) Exception to approval of assessment.—Section 6751(b)(2)(A) is amended by striking “or 6655” and inserting “6655, or 6662 (but only with respect to an addition to tax by reason of subsection (b)(9) thereof)”.
(b) Conforming Amendments.—
(1) Section 63(b) is amended by striking “and” at the end of paragraph (2), by striking the period at the end of paragraph (3) and inserting “, and”, and by adding at the end the following new paragraph:
“(4) the deduction provided in section 170(p).”
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(2) Section 63(d) is amended by adding “and” at the end of paragraph (1), by striking paragraphs (2) and (3), and by inserting after paragraph (1) the following new paragraph:
“(2) any deduction referred to in any paragraph of subsection (b).”
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(c) Repeal of Superseded Provisions.—
(1) [26 U.S.C. 62] In general.—Section 62(a) is amended by striking paragraph (22).
(2) Conforming amendment.—Section 62 is amended by striking subsection (f).
(d) [26 U.S.C. 62 note] Effective Date.—The amendments made by this section shall apply to taxable years beginning after December 31, 2020.
- Cross-references to the US Code
- 26 U.S.C. 17026 U.S.C. 6226 U.S.C. 62 note