Delaware Nonprofits and Supporters Should Remain Concerned and Voice Their Opinions to their State Legislators
Summary. The Delaware General Assembly continues to review legislation that, if passed, will significantly impact all Delaware nonprofits and houses of worship. Section 4 to House Bill 240, related to taxes on personal income ("Section 4 to HB 240"), eliminates itemized deductions, which will effectively exclude charitable deductions from being taken on individual state tax returns. Innovincent and others have previously summarized the main problems regarding Section 4 to HB 240 in its current form. Following debate on Wednesday, June 21, the Delaware House Revenue & Finance Committee approved HB 240 by a 7-4 vote. It now moves to the House for full discussion.
While other parts of HB 240 and other related bills are beyond the scope of this alert, Innovincent believes that a carefully crafted amendment to HB 240 could effectively strike a balance between the budgetary issues otherwise encompassed by HB 240 and the charitable deduction issue in Section 4 to HB 240 that may unintentionally cripple the Delaware nonprofit sector. We offer for consideration a proposed amendment, as discussed below, to cap rather than eliminate itemized deductions, while excluding charitable contributions from that cap. The cap amendment may be a compromise way to generate revenue without risking the benefits of charitable contributions in the process.
Call to action. All nonprofits should continue to review Section 4 to HB 240 and determine how it will impact their operations and budget. Additionally, nonprofits should gather, summarize, and share the extent that they rely on individual contributions and how a 20% or higher decrease would impact them. Nonprofits and other interested members of the public should also continue to contact their legislators and voice their concern.Read More