Advice for Donors with Capital Gains

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Advice for Donors with Capital Gains

Postby Brian Tomasik on 2012-02-26T22:54:00

Introduction and caveats

The follow post gives some suggestions about optimal donations with respect to capital gains. I've only studied the US, so this may not be useful for those in other countries. Also, my view of the landscape of tax ideas has been narrowly restricted to my particular situation, so I can't say much about people in other circumstances. Keep in mind that I'm not a tax expert -- all of the below information is what I've gathered from reading random tax articles online -- so please correct me if I'm mistaken in any points. Most of what I've written is from memory or logical reasoning, so I haven't always cited sources, but you can find a lot of this basic info by searching around the web.

Negative capital-gains tax

Normally when you have stocks, mutual funds, or other property that has appreciated in value, this is bad news for you from a tax standpoint because you have to pay capital-gains tax. Short-term capital gains (which happen when you sell property for more than you bought it after holding it for <1 year) are taxed as ordinary income (so, if you're in the 25% marginal bracket, you'll pay 25%), and long-term capital-gains (held >1 year) are taxed at 15% for most middle/high earners. Either way, you pay some amount.

The situation changes when you're donating to charity. Common tax advice is that if you have capital gains, you should donate those properties rather than donate cash, because not only do you not have to pay any capital-gains tax, but if you have long-term capital gains, then your charitable tax deduction is equal to the fair-market value of the donated securities at the time of transfer, rather than the cost basis.

Example: Ordinarily, if you have long-term capital gains of $1000, you pay $1000 * 15% = $150 in capital-gains tax. But if you donate the stock to charity, then your tax deduction is $1000 bigger due to the capital gains. If you're in the 25% bracket, that means you save $250. The bigger the capital gains, the less you pay in taxes.

There's one proviso to keep in mind, which I quote from the article, "Avoid Capital Gains Tax Donating the Property to a Charity": "The deduction of charitable contributions of an individual is generally limited to 50 percent of the taxpayer’s adjusted gross income (AGI). However, for the contributions of long-term capital gain property, the limit is 30 percent of the AGI of the taxpayer unless the taxpayer chooses to deduct only the adjusted basis of the property instead of its fair market value."

Should you use negative capital gains to make money?

Suppose you have $1000 that you're planning to give to a donor-advised fund (DAF). "However," you think, "in view of negative capital-gains taxes, I could instead use this strategy: Invest the $1000 for a year, get a capital gain of, say, 8%, and then donate the $1080 next year to the DAF. This way, I'll be able to deduct an extra $80 from my taxes."

Yes, I think this would work. Of course, you might get a capital loss instead, but if so, you can deduct that as well (see below for more on capital losses). However, keep in mind the time value of money: A tax deduction this tax year is worth more than the same deduction next tax year. If you donate this year, you'll deduct $1000 for this tax year. If you wait, you'll deduct (in expectation) $1080 next year. But since we're assuming the discount rate is 8%, $1080/1.08 = $1000, so the present value of next year's deduction is only $1000. Another way to see this is to note that if you donate $1000 this year, it should grow to an expected $1080 in the tax-free DAF by next year.

So there's an elegant symmetry between the options, and in this simplified model, you should be indifferent between them. However, there are several caveats:
  • This ignores capital-gains taxes that you might pay on the 8% return. (See follow-up comment.)
  • 8% is an expected value over positive and negative possible returns. However, with saving on taxes, you get a deduction both if your capital gain is positive (because you can donate the stock at its fair market value) or if the capital gain is negative (because you can sell the stock and deduct the capital loss). Therefore, even if a stock's expected return is 8%, the expected amount of deductible income is more than 8%. (This assumes you haven't maxed out your $3K limit on capital losses for the year.)
  • In practice, it's less work to donate now, and doing so doesn't incur the transactions costs of buying/selling the stock.
  • Important point: Because you can only deduct the fair market value of long-term capital gains up to 30% of AGI per year, if you plan to donate more (say, 50% of AGI, the maximum allowed per year), then you'll need some cash donations too.

But if you already have gains, make sure to harvest them

In the previous section, I analyzed the choice of whether to invest new money into a stock for the purpose of reaping negative capital-gains tax and suggested that it's not worth it. However, if you already have a stock that has positive capital-gains, then you should consider waiting for it to be held at least a year and then donate it.

Say it's a stock with a $1000 cost basis that has already appreciated 10% to $1100. If you donate it now, you do avert $100 * 15% = $15 of capital-gains tax that you would have paid for selling it, but you don't deduct any income tax beyond the $1000 cost basis. If you wait a year with an 8% average return, the stock will appreciate to around $1188, which you can then deduct next year. That has a present value this year of $1188/1.08 = $1100, which is more than the $1000 cost basis.

In contrast, if you have a stock that has so far 0% appreciation, then if you donate now, you get the cost basis of $1000 tax deduction, and if you wait a year, you get on average $1000 * 1.08 = $1080 long-term capital-gains deduction, which translates to $1000 in present value. It's as though you have just cash in this case.

What if you have to donate now?

This situation happened to me last year. I have to donate $12K each year in order to take full advantage of a yearly employer-matching opportunity. I had several stocks, but few had long-term capital gains. Among those that had short-term capital gains, some had essentially no appreciation over cost basis, while others had lots of appreciation. Obviously I donated the stocks with long-term capital gains, but that didn't reach the $12K total. So for the short-term stocks, which were the best to donate at that time?

Interestingly, the answer depends on your expectations for future donations. If you plan never to donate again, then you should give the stocks with highest short-term capital gains, because that way you avoid paying the most tax when you sell the remaining ones.

But if you plan to give more later, then you should donate the stocks with the lowest short-term capital gains. Donating these is essentially like donating cash, and it doesn't really matter that you can only deduct the cost basis due to their being held less than a year because the fair-market value is pretty close to the cost basis. But the stocks that already have some appreciation would be wasted if donated right now because you can get a bigger deduction from those gains next year.

Capital losses and harvesting

What if the stock goes down in value? Well, if you itemize, capital losses are deductible up to $3K per year, and if you have more than that, you can carry them forward to future years.

This leads to the idea of "tax loss harvesting": If you have capital-loss securities, then sell them before the end of the year to incur the capital loss and lower your income taxes. Since in an efficient market, you're indifferent between selling a stock or holding it at any time, there's no harm to selling. When you do, you should wait 30 days until the "wash sale period" is over and then buy something new with the funds. (You can buy something new sooner as long as it's not "substantially similar" to the old one, but I prefer to wait to make sure I don't mess it up.)

Actually, there's one benefit to holding onto a stock with capital losses instead of selling it. If it does go up later, then because it started with a higher cost basis, you'll have a smaller capital gain. That said, for people who donate large amounts to charity, capital gains can be a good thing because of negative capital gains tax.

Deduction limitations

As mentioned, income-tax deductions from charitable donations are limited to 50% of AGI (30% for long-term capital-gains donations, and 30% for private foundations), although donations in excess of this can be carried forward to future tax returns for up to 5 years.

Fortunately, charitable contributions still reduce taxable income even if you pay the Alternative Minimum Tax (AMT). This benefit isn't true for many other types of deductions.

Keeping track of donations

To reduce the burden of recording my donations in a place where I might lose them, I use ItsDeductible. I enter the information when I donate, and then when I prepare my taxes with TurboTax, I can import the data directly from ItsDeductible without re-typing it. There are probably similar services for other tax-software packages, but I haven't checked.

No, TurboTax didn't pay me to say this. However, I wouldn't be averse to contributions from TurboTax for my services on their behalf. :)

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Re: Advice for Donors with Capital Gains

Postby Brian Tomasik on 2012-02-27T16:16:00

A friend gave me this excellent feedback:
In the "Should you use negative capital gains to make money?" section, you mention the symmetry between two situations: donate now, or donate in 1 year. You use a pre-tax discount rate to show that they're equivalent. But what you have at the end of a year is not quite the same between the two situations:

If you give $1000 now, you save $250. You buy $250 worth of stock, and in 1 year you have $270 in stock, and your basis is $250.
If you give $1080 next year, you save $270. You can buy $270 in stock, and your basis is $270.

So if you need to save money for a non-deductible purpose, I think there's an advantage to donating later, and you'd use an after-tax discount rate to compare the present values.

Here's my answer: Yes, that is a great point. I thought about that as well, realizing that -- as you said -- the "discount rate" after adjusting for taxes isn't quite the same as the rate of return on the security, because the discount rate should be lower due to capital-gains taxes. That's why I cheated in the example by assuming that "you have $1000 that you're planning to give to a donor-advised fund (DAF)." That way, you wouldn't pay capital gains on what you buy with the $250 of saved income tax.

The other complication I didn't consider was that tax years are discrete, but returns from investment are continuous. Say it's early 2012 and you follow the strategy of buying the stock. You can hold it until late 2013 and get more than a year of capital gains on it (almost 2 years). However, the tax savings still come just one year later: You save on income tax after your refund in 2014, instead of after your refund in 2013. So I suppose one could follow the buy-stocks strategy early in the year and then switch to donating directly at the end of the year.
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Re: Advice for Donors with Capital Gains

Postby Pat on 2012-03-02T07:08:00

The tax code is so crazy! Thank you for your clear analysis. Last year my income was sufficiently small to qualify me for a zero-percent capital gains rate. I own shares in index funds (since they're easy to buy in small increments), and, IIRC, the gains are distributed every year, so I can't use any of your strategies. In any case, the amounts involved are pretty small. I wonder how many people on Felicifia have substantial investments. I picture everybody as young and poor because I am, but maybe that's not how things are.

The only tax advice I have is to minimize the amount withheld from your paycheck so that you don't end up getting a big refund. Then you've effectively given the government an interest-free loan, and all you got in return was a little high from an "unexpected" windfall. Unfortunately, you can't have nothing withheld and pay your taxes as a lump sum the next year; if you try, you might have to pay a penalty.

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Re: Advice for Donors with Capital Gains

Postby Brian Tomasik on 2012-03-03T09:33:00

Pat wrote:Last year my income was sufficiently small to qualify me for a zero-percent capital gains rate.

Nice. By the way, one thing that article also mentions which I neglected to say was that after 1 Jan. 2013, the capital-gains rate will return from 15% to 20% for people in the 25% marginal income-tax brackets and above.

Pat wrote:The only tax advice I have is to minimize the amount withheld from your paycheck so that you don't end up getting a big refund.

That's one optimization that I haven't yet figured out how to do. How hard is it?
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Re: Advice for Donors with Capital Gains

Postby Brian Tomasik on 2012-03-05T04:40:00

Pat wrote:I own shares in index funds (since they're easy to buy in small increments), and, IIRC, the gains are distributed every year, so I can't use any of your strategies.

Hmm, I'm under the impression that mutual funds can be donated just like stocks in order to get a tax deduction in the amount of the full market value of the securities. Searching online for {"mutual fund" "capital gains" donate "full market value"}, I find a bunch of sites that seem to suggest this.
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Re: Advice for Donors with Capital Gains

Postby Pat on 2012-03-08T03:05:00

Alan Dawrst wrote:Hmm, I'm under the impression that mutual funds can be donated just like stocks in order to get a tax deduction in the amount of the full market value of the securities.

Yeah, you're right. I was thinking that the year-end distributions from mutual funds were all that you have to pay taxes on, but you also have to pay taxes on the capital gains from the appreciation in share price. Index funds actually have quite low capital-gains distributions, since their turnover rate is low. So I can use your advice. :)
Alan Dawrst wrote:
Pat wrote:The only tax advice I have is to minimize the amount withheld from your paycheck so that you don't end up getting a big refund.

That's one optimization that I haven't yet figured out how to do. How hard is it?

It's pretty easy. You can lower your income-tax withholding by raising the number of exemptions on your W-4 form. There's a calculator on the IRS's website that can help you figure out how many exemptions you should claim, and it takes into account your anticipated charitable deductions.

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Re: Advice for Donors with Capital Gains

Postby Brian Tomasik on 2012-03-08T04:50:00

Pat wrote:Yeah, you're right. I was thinking that the year-end distributions from mutual funds were all that you have to pay taxes on, but you also have to pay taxes on the capital gains from the appreciation in share price. Index funds actually have quite low capital-gains distributions, since their turnover rate is low. So I can use your advice. :)

Well, now I'm confused again. You might be right that all you have to pay are those yearly distributions. In fact, double-paying on mutual-fund taxes is one of the most common mistakes that investors make. I remember reading about this before I started investing and thinking, "That's too complicated for me to remember how to deal with, so I'll just buy individual stocks instead," and that's what I've done. :)

If it's true that you don't pay taxes a second time, then it seems you can't get away from capital-gains taxes by donating mutual funds? (Maybe there's some IRS rule that lets you get paid back for those taxes paid each year, but I'm guessing not, because it's the mutual-fund managers who sold the stocks, not you.) Presumably you can still deduct the full market value of donated funds held at least a year from your income? However, this isn't any better tax-wise than selling the mutual funds and donating the cash.

Alan Dawrst wrote:There's a calculator on the IRS's website that can help you figure out how many exemptions you should claim, and it takes into account your anticipated charitable deductions.

Awesome -- thanks!
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Re: Advice for Donors with Capital Gains

Postby Brian Tomasik on 2013-01-22T03:30:00

The following is my current plan for scheduling donations and investments throughout the year:
  1. Frontload 401k contributions until I reach the yearly limit of $17,500. These investments avoid capital-gains tax, so it's good to get higher capital gains on them by getting an extra year of returns. <-- ACTUALLY, this may not be the best strategy depending on your situation. For me, my employer matches half of employee contributions up to 6% of pay per pay period. So if you contribute too much early and reach the limit, you can't contribute more that year, which means you lose out on the half-of-6% matches later in the year. This loss far outweighs any potential capital-gains considerations. So I'm not doing this 401k-frontloading after all. Instead, I'm contributing an amount that will give me nearly $17,500 but will ensure that I keep contributing at least 6% per pay period through the end of the year.
  2. With income from early/middle of the year, buy new, low-dividend stocks.
  3. With income from the end of the year, donate directly to my donor-advised fund (DAF), in the amount of ~20% of my AGI.
  4. Near the end of the year, donate stocks with high capital gains to my DAF, in the amount of ~30% of my AGI.
It's better to donate stocks with capital gains than to donate a new paycheck, because donating the stocks clears out the old, accumulated capital gains. Example: Say you bought a stock for $1000 that has now grown to $1200. If you donate $1200 of new salary, you get $1200 in deduction, but you still have a stock with cost basis $1000 for which you might need to pay capital gains tax later on. If, instead, you donate the stock and then buy a new stock for $1200, you have a stock with $1200 cost basis, and you still get a $1200 deduction. Having a higher cost basis is always better, so this strategy dominates the other, even if you might end up donating the new stock later on as well. The one exception to this is that buying a new stock incurs an additional ~$8 fee, but compared against the possibility of paying 15% * ($1200 - $1000) in capital-gains taxes, this is still definitely worth it.

Unfortunately, you can only donate capital-gain stocks up to 30% of AGI or else you have to deduct only their cost basis rather than their fair market value (FMV). Probably it's better to wait until another year when you can deduct the FMV. So the remainder of the donations I make before hitting the 50%-of-AGI income-deductibility limit I do through out-of-paycheck contributions.

The reason to wait until the end of the year for the capital-gains donations is that you can get more capital gains during the year and hence more deductible donation value at the end. As discussed above, this is true because the IRS doesn't give you more credit for donating early; it only cares that you've donated by the end of the year. So the same amount of money can yield a bigger deduction for you if you wait, even though the amount the DAF receives is expected to be the same. Another benefit of waiting until the end of the year is that you might decide to donate to a project that you can't support through your DAF, and waiting keeps options open. On the other hand, waiting also leaves around more spend-able money in your own hands, which may or may not be an appreciable risk.

I don't know if there's a good reason to prefer buying stocks early and donating paycheck money later vs. the other way around. Any stocks you buy early in the year can't be donated later in the year because you won't have held them for at least a year. If you buy stock first, you'll be expected to have slightly more stock with some extra capital gains. If you donate first, the DAF will be expected to have slightly more money from its investment returns. The problem of which to put first based on your eventual plans is too hard for me to figure out right now. :)

In general, this is all really complicated, and I worry that I may forget how to arrange my donations optimally tax-wise. I hope writing notes like these will at least help myself avoid forgetting. Optimal tax strategies are really nontrivial IMHO.
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