Major Wins for Housing, Community Investment, and Charitable Giving Under the New Tax Law

The One Big Beautiful Bill delivers several long-sought-after changes to the tax code, particularly for those involved in affordable housing development, community revitalization, and philanthropic planning.

Here’s a summary of the key enhancements — now permanent — and what they mean for taxpayers, nonprofits, developers, and corporate donors starting in 2026.

Permanent Expansion of the Low-Income Housing Tax Credit (LIHTC)

The bill permanently increases the state-level housing credit ceiling, restoring the 12.5% boost that had previously expired in 2021. This means:

  • More credits available to states to allocate toward LIHTC projects.

  • Greater funding opportunities for developers of affordable housing.

Additionally, the bill modifies the "50% test" for projects financed by tax-exempt bonds:

  • A project can now qualify for LIHTC if only 25% of its basis is financed with tax-exempt bonds — provided those bonds fund at least 5% of total project basis and are issued after 2025.

  • This adjustment will make many more projects eligible and unlock new financing structures.

Effective Date: Buildings placed in service after December 31, 2025.

Permanent Extension of the New Markets Tax Credit (NMTC)

The popular NMTC program — which incentivizes investment in economically distressed communities — is now permanent.

Key provisions:

  • $5 billion annual allocation will continue indefinitely beyond 2025.

  • Unused credits can be carried forward for up to 5 years (with pre-2026 amounts treated as occurring in 2025).

This is a significant win for community development financial institutions (CDFIs), investors, and project sponsors relying on NMTC financing to fund community facilities, job creation, and commercial revitalization.

Expanded Charitable Deduction for Non-Itemizers

The temporary “above-the-line” charitable deduction is now permanently restored and expanded:

  • $1,000 for single filers

  • $2,000 for married couples filing jointly

This deduction is available even if you take the standard deduction — a significant incentive for everyday donors to continue giving.

New 0.5% Floor for Individual Charitable Deductions

For all individual taxpayers (whether itemizing or not), charitable contributions must now exceed 0.5% of AGI to be deductible.

  • This floor applies to all donations, including cash, property, and appreciated assets.

  • Contributions below the 0.5% threshold are not deductible but can be carried forward if the 10/20/30/60% ceilings were otherwise exceeded.

This provision is designed to weed out minimal deductions and ensure the deduction primarily benefits significant charitable giving.

New 1% Floor for Corporate Charitable Deductions

Corporate donors also face a new rule:

  • Contributions must exceed 1% of taxable income to qualify for a deduction.

  • The overall cap remains at 10% of taxable income.

  • Unused contributions can be carried forward for 5 years (on a FIFO basis), but only if the 10% cap was exceeded.

This may slightly discourage small-dollar charitable giving by C-corps, but encourages more structured and sizable giving programs.

Permanent Increase in Cover-Over for Distilled Spirits

The excise tax “cover-over” (rebate to Puerto Rico and the U.S. Virgin Islands for rum production) is locked in at $13.25 per proof gallon, removing uncertainty caused by past temporary extensions.

These permanent extensions and modifications deliver long-term clarity for key sectors:

  • Housing developers gain access to more stable credit allocations.

  • Community investors have assurance the NMTC is here to stay.

  • Nonprofits and donors benefit from simplified charitable deduction rules — with clear floors and expanded limits.

  • Corporations will need to be more strategic in their giving to maximize tax efficiency.

If you're a developer, investor, nonprofit, or major donor, now is the time to revisit your tax strategy for 2026 and beyond.