Section 32 Charitable Donation Deduction

Paragraph (a) of subsection (B) of section 3 of chapter 62 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out paragraph 13 and inserting in place thereof following paragraph:-

          (13) Except as otherwise provided herein, an amount equal to the amount of the charitable contribution deduction allowed or allowable to the taxpayer under section 170 of the Code; provided, however, that, in taxable years beginning on or after January 1, 2002, no such deduction shall be allowed in any taxable year unless the rate of tax on Part B taxable income in section 4 in the prior taxable year was equal to 5 per cent; and provided, further, that notwithstanding said section 170 of the Code, no deduction shall be allowed for contributions of household goods or used clothing, as those items are recognized under said section 170 of the Code. In the case of a single person or a married person filing a separate return or as head of household, the total amount deducted for the taxable year shall not exceed $5,000. In the case of a married couple filing a joint return, the total amount deducted for the taxable year shall not exceed $10,000. All requirements, conditions and limitations applicable to charitable contributions under the Code shall apply for purposes of determining the amount of the deduction under this subparagraph, except that taxpayers shall not be required to itemize their deductions in their federal income tax returns.

This section places an annual cap on the amounts allowable as charitable donation deductions.