Hurricane Dorian Charitable Giving Act

Hurricane Dorian Charitable Giving Act

This bill suspends limitations on the tax deduction for charitable contributions in the case of cash contributions made for relief efforts related to Hurricane Dorian. Such contributions must be made after August 23, 2019, and before January 1, 2020, for such relief efforts.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2476 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                S. 2476

    To provide a temporary increase in the limitation on deductible 
   contributions made for relief efforts related to Hurricane Dorian.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 12, 2019

  Mr. Scott of Florida (for himself, Mr. Rubio, Mr. Isakson, and Mr. 
    Graham) introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
    To provide a temporary increase in the limitation on deductible 
   contributions made for relief efforts related to Hurricane Dorian.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Hurricane Dorian Charitable Giving 
Act''.

SEC. 2. TEMPORARY INCREASE IN LIMITATION ON DEDUCTIBLE CONTRIBUTIONS 
              MADE FOR RELIEF EFFORTS RELATED TO HURRICANE DORIAN.

    (a) Suspension of Current Limitation.--Except as otherwise provided 
in paragraph (2), qualified contributions shall be disregarded in 
applying subsections (b) and (d) of section 170 of the Internal Revenue 
Code of 1986.
    (b) Application of Increased Limitation.--For purposes of section 
170 of the Internal Revenue Code of 1986--
            (1) Individuals.--In the case of an individual--
                    (A) Limitation.--Any qualified contribution shall 
                be allowed as a deduction only to the extent that the 
                aggregate of such contributions does not exceed the 
                excess of the taxpayer's contribution base (as defined 
                in subparagraph (H) of section 170(b)(1) of such Code) 
                over the amount of all other charitable contributions 
                allowed under section 170(b)(1) of such Code.
                    (B) Carryover.--If the aggregate amount of 
                qualified contributions made in the contribution year 
                (within the meaning of section 170(d)(1) of such Code) 
                exceeds the limitation of subparagraph (A), such excess 
                shall be added to the excess described in section 
                170(b)(1)(G)(ii).
            (2) Corporations.--In the case of a corporation--
                    (A) Limitation.--Any qualified contribution shall 
                be allowed as a deduction only to the extent that the 
                aggregate of such contributions does not exceed the 
                excess of the taxpayer's taxable income (as determined 
                under paragraph (2) of section 170(b) of such Code) 
                over the amount of all other charitable contributions 
                allowed under such paragraph.
                    (B) Carryover.--If the aggregate amount of 
                qualified contributions made in the contribution year 
                (within the meaning of section 170(d)(2) of such Code) 
                exceeds the limitation of subparagraph (A), such excess 
                shall be appropriately taken into account under section 
                170(d)(2) subject to the limitations thereof.
    (c) Qualified Contributions.--
            (1) In general.--For purposes of this section, the term 
        ``qualified contribution'' means any charitable contribution 
        (as defined in section 170(c) of the Internal Revenue Code of 
        1986) if--
                    (A) such contribution--
                            (i) is made after August 23, 2019, and 
                        before January 1, 2020, in cash to an 
                        organization described in section 170(b)(1)(A) 
                        of such Code; and
                            (ii) is made for relief efforts related to 
                        Hurricane Dorian;
                    (B) the taxpayer obtains from such organization 
                contemporaneous written acknowledgment (within the 
                meaning of section 170(f)(8) of such Code) that such 
                contribution was used (or is to be used) for relief 
                efforts described in subparagraph (A)(ii); and
                    (C) the taxpayer has elected the application of 
                this subsection with respect to such contribution.
            (2) Exception.--Such term shall not include a contribution 
        by a donor if the contribution is--
                    (A) to an organization described in section 
                509(a)(3) of the Internal Revenue Code of 1986; or
                    (B) for the establishment of a new, or maintenance 
                of an existing, donor advised fund (as defined in 
                section 4966(d)(2) of such Code).
            (3) Application of election to partnerships and s 
        corporations.--In the case of a partnership or S corporation, 
        the election under paragraph (1)(C) shall be made separately by 
        each partner or shareholder.
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