Two cousins gave away 13 acres of land, had the appraisal, had the form, had the good intentions — and lost a $665,000 tax deduction over a single missing sentence. It is the most useful scary story in this weekend’s paper, especially with brand-new 2026 charitable rules now in effect.

Two first cousins donated 13.3 acres to Highland City, Utah. They had an independent appraisal valuing the gift at $665,000. They filed the right IRS form (Form 8283). They even sent the city a letter calling it a “donation.” The Tax Court still threw out the entire deduction — roughly $332,500 each.
Why? They never got a “contemporaneous written acknowledgment” (a CWA) — a statement from the charity confirming the donors received no goods or services in return for the gift. For any donation of cash or property worth $250 or more, that little sentence is legally required, and it has to be in hand before you file. As one tax attorney put it: “This is exactly what people assume the IRS does, and what they hate about it.”
This is where it gets relevant for our clients. Several charitable rules changed for the 2026 tax year, and they will catch people off guard:
Non-itemizers can finally deduct again — up to $1,000 (single) / $2,000 (joint) in cash gifts, even if you take the standard deduction. But you still need the CWA for any single gift of $250+.
A new 0.5%-of-income floor for itemizers. If you itemize, you can’t deduct charitable gifts equal to the first 0.5% of your adjusted gross income. On $200,000 of income, the first $1,000 of giving is non-deductible — whether you gave $1,200 or $12,000. This nudges a lot of people toward “bunching” several years of gifts into one big year.
Top earners lose a little. The tax benefit of charitable deductions is now capped at 35% rather than the top 37% rate — trimming the value by about 5.4% for the highest bracket. And the CWA rule now also applies to Qualified Charitable Distributions (QCDs) from traditional IRAs.
The principle here is the least glamorous and most reliable one in planning: after-tax return is the only return that matters. A deduction you can’t substantiate is worth exactly zero, and the IRS is not grading on effort.
Three things to do before year-end: (1) get the written acknowledgment letter for every gift of $250+ and file it with your tax records; (2) if you’re charitably inclined and itemize, ask us whether “bunching” gifts — or a donor-advised fund — makes sense under the new 0.5% floor; (3) if you’re over 70½ and doing QCDs from your IRA, make sure the new paperwork rule is covered. This is exactly the kind of thing a 15-minute review catches before it costs you six figures.
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