In yesterday's edition of the Los Angeles Times Robert Reich, who was Secretary of Labor under President Clinton, proposed the following: If a charitable donation goes to an institution or agency set up to help the poor, the donor should get the full tax deduction. If the donation goes to any other nonprofit, the donor would only get to deduct half the contribution.
The broader idea is that gifts to institutions that do not provide a "public
benefit" or that cater to the wealthy elite should not merit an
underwriting from the public at large in the form of foregone taxes on
that money. A gift to the Salvation Army deserves a deduction; a gift
to Harvard does not.
I have great respect for Mr. Reich. His recently published book, "Supercapitalism: The Transformation of Business, Democracy, and Everyday Life," is on my to-buy list today.
But this idea that some charitable gifts are more "worthy" than others is a non-starter for anyone who cares about donor freedom of choice. Unfortunately, it is being talked up by numerous social policy wonks around the country and even in Congress.
The problem, of course, is who decides if a nonprofit is "meritorious" enough? The IRS? Congress? Sure, most of us could argue that helping the poor, who need assistance, is more important than helping Harvard, with its $30 billion endowment. But why is helping the poor more important than, say, rescuing stray animals? Or funding medical research? Or cleaning up a creek?
Even if we expend the idea of "public benefit" to include the above examples, what happens when the money goes to a "public benefit institution" but doesn't get spent on a public benefit. My favorite example is money going to United Way which then spends it on public service announcements reminding us to talk to our children. This is a "public benefit?"
Yes, it might be great if the wealthy were more generous to the poor and less generous to the arts, but I suspect meddling in the giver decision-making process would result in less money to both the poor and to the arts. Like they say, the devil is in the details, and the path to hell is paved with good intentions.
The real question is whether, as a matter of public policy, gifts to nonprofits should be tax-deductible at all. Who wants to tackle that one?
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