2025 Policy Outlook: What Endowments and Foundations Should Know

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On January 30^th, Commonfund Institute, in partnership with the National Association of College and University Business Officers (NACUBO), the Council on Foundations (COF), and the Council for Advancement and Support of Education (CASE) came together to discuss the endowment and foundation public policy landscape.

George Suttles, Executive Director, Commonfund Institute hosted this discussion with Liz Clark, Vice President, Policy and Research, NACUBO, Brian Flahaven, Vice President, Strategic Partnerships, CASE and Jenn Holcomb, Vice President, Government Affairs and Legal Resources, COF.

Policy proposals and actions of the new administration indicate that we are at an inflection point for endowments, foundations, and nonprofit organizations more broadly.

Below is a synthesis of key takeaways from the webinar:

Executive Orders

Given the flurry of Executive Orders in mid-late January, it is important to understand what they are exactly. Executive Orders are meant to shape policy and issue directives to agencies, they do not require approval from Congress, but they can be overturned. The Office of Management and Budget (OMB) coordinates the executive order process. Executive Orders cannot alter the Constitution, nor can they direct or redirect spending already approved by Congress – which has defined how federal outlays can be administered. They also cannot nullify laws that have been passed through the legislative process, but they can change agency structures, address military powers, and other issues. However, the current president is testing the limits of what can be done through Executive Orders and certain Orders are being contested by various judicial parties on an ongoing basis.

Taxes, taxes, taxes

Potential legislation focused on taxes is a top priority of this administration and Congress, and key provisions are expiring at the end of the year. The Tax Cuts and Jobs Act (TCJA) of 2017 implemented a broad set of corporate and income tax reductions. In addition, it nearly doubled the standard deduction, which led to fewer taxpayers itemizing their deductions, including charitable contributions. As a result, charitable giving fell by nearly $20 billion annually. The TCJA also capped the deduction for state and local taxes (SALT), further reducing the tax incentives for charitable donations. A renewal of this Act, with any modifications, could further impact charitable giving.

The endowment tax in the U.S. was introduced as part of the Tax Cuts and Jobs Act (TCJA) of 2017. This Act imposes a 1.4 percent excise tax on the net investment income of certain private colleges and universities. Specifically, it applies to institutions with at least 500 tuition-paying students with endowment assets exceeding $500,000 per student. Although there is some speculation that Congress is contemplating introducing an endowment tax upwards of 21 percent, the main proposal on the table is to raise the tax from 1.4 percent to 14 percent and attempt to broaden the set of institutions to which it would apply.

Reconciliation

Congress sometimes uses a special legislative process called “reconciliation” that only requires a simple majority to quickly advance high priority fiscal legislation. Since Republicans have the majority, they will more than likely use budget reconciliation to get what they want to get done. However, reconciliation rules require legislation to be budget-neutral and given the list of tax priorities and ideas that are being generated that need to be “paid for” through this process, it is clear they are looking directly at the charitable sector to identify both cuts and sources of tax revenue.

Additionally, proposed IRS regulations could impact how community foundations manage their funds and interact with donors. These regulations might introduce new reporting and compliance obligations, potentially affecting the structure and operations of community foundations and donor-advised funds (DAFs).

Liz Clark commented that “the fundamental issue is that endowments and other philanthropic vehicles are money for mission and represent collections of charitable funds.” All of the panelists concurred, that taxing the generosity of donors implies endowment/endowed gifts/DAFs are a negative activity and may discourage donors from giving, sending the wrong message about philanthropy.

Charitable Act

The bipartisan Charitable Act (S. 317/H.R. 801), spearheaded by a coalition including CASE and other partners, proposes to restore and expand the charitable deduction for non-itemizers for two years. It would set the cap at approximately $5,000 for individuals or $10,000 for joint filers, providing additional incentives for charitable giving. This will help the more than 90 percent of Americans that don’t itemize and take the standard deduction. In a policy environment where it seems like nonprofit institutions are playing defense, understanding and advocating for the Charitable Act represents an opportunity to be proactive in support of the sector .

Takeaways for any type of charitable organization:

Institutions should continue to amplify their mission, communicating what they do to deliver for students, patients, visitors, and the community. It will be important for every institution to clearly articulate what tax exemption and charitable purpose means for civil society and paint the picture of what the current exemptions and access to endowment funds allows them to do.
Liquidity policies, treasury management, and special appropriations from endowment are going to be important to consider. Given the extent to which this administration wants to cut federal funding, if your mission relies on federal distributions/grants, be ready to respond to those emergencies with your operating funds, understanding how liquid your reserves are and how you might deploy other assets to fill in gaps in federal funding.
Strengthen ties to those who understand policy – stay informed and active, ready to weigh in and go to bat for your institution and mission.
Whether it’s Diversity, Equity, and Inclusion (DEI), sustainability, or whatever initiative it may be, make sure that these efforts are an integral part of your institution’s mission. Be able to use compelling language and storytelling to affirm that the work your organization is doing is aligned with your charitable purpose.

There are real challenges the sector must meet that will require new strategies and solutions. It will be important for the endowment and foundation community to stay connected and coordinated as we continue to understand and advocate for a vibrant and well-resourced nonprofit institutional ecosystem. Commonfund Institute will continue to work with its strategic partners to stay informed and share real-time resources and information with the industry as they become available.