SAFE Act of 2020

To establish special temporary rules relating to the charitable deduction for the donation of hand sanitizer by a distilled spirits operation, and for other purposes. 1. Short title This Act may be cited as the Sanitary Access For Everyone Act of 2020 SAFE Act of 2020 2. Temporary increase in limitation on certain qualified contributions (a) Suspension of current limitation Except as otherwise provided in subsection (b), qualified contributions of hand sanitizer shall be disregarded in applying subsections (b) and (d) of section 170 (b) Application of increased limitation For purposes of section 170 (1) Individuals In the case of an individual— (A) Limitation Any qualified contribution of hand sanitizer shall be allowed as a deduction only to the extent that the aggregate of such contributions does not exceed the excess of the taxpayer's contribution base (as defined in subparagraph (H) of section 170(b)(1) of such Code) over the amount of all other charitable contributions allowed under section 170(b)(1) of such Code. (B) Carryover If the aggregate amount of qualified contributions of hand sanitizer made in the contribution year (within the meaning of section 170(d)(1) of such Code) exceeds the limitation of clause (i), such excess shall be added to the excess described in section 170(b)(1)(G)(ii). (2) Corporations In the case of a corporation— (A) Limitation Any qualified contribution of hand sanitizer shall be allowed as a deduction only to the extent that the aggregate of such contributions does not exceed the excess of the taxpayer’s taxable income (as determined under paragraph (2) of section 170(b) of such Code) over the amount of all other charitable contributions allowed under such paragraph. (B) Carryover If the aggregate amount of qualified contributions of hand sanitizer made in the contribution year (within the meaning of section 170(d)(2) of such Code) exceeds the limitation of clause (i), such excess shall be appropriately taken into account under section 170(d)(2) subject to the limitations thereof. (c) Qualified contributions of hand sanitizer (1) In general For purposes of this subsection, the term qualified contribution of hand sanitizer (A) such property is hand sanitizer contributed— (i) by a distilled spirits operation, and (ii) during the period beginning on February 1, 2020, and ending December 31, 2020. (2) Special rules (A) Treatment for contributions of hand sanitizer by individuals and corporations In the case of a charitable contribution of hand sanitizer, paragraph (3) of section 170(e) of such Code shall be applied to such contribution without regard to whether the contribution is made by a C corporation. (B) Contributions of hand sanitizer to for-profit entities In the case of a charitable contribution of hand sanitizer, donations to for-profit hospitals, nursing homes, senior care facilities, and businesses deemed essential by local, State, or Federal Governments will be treated as qualified contributions under section 170(e)(3) of such Code. (C) Determination of fair market value In the case of any contribution of hand sanitizer which cannot or will not be sold by reason of being produced by the taxpayer exclusively for the purposes of transferring the hand sanitizer to an organization described in section 170(e)(3)(A) of such Code, the fair market value of such contribution shall be determined— (i) by taking into account the price at which the same or substantially the same items (as to both type and quality) are sold by the taxpayer at the time of the contribution (or, if not so sold at such time, in the recent past), or, if produced solely for donation, by taking into account the price at which the same or substantially the same items are sold on the open market. (3) Distilled spirits operation The term distilled spirits operation (4) Hand sanitizer For purposes of this section, the term hand sanitizer (A) Safety and Effectiveness of Consumer Antiseptic Rubs; Topical Antimicrobial Drug Products for Over-the-Counter Human Use (B) Policy for Temporary Compounding of Certain Alcohol-Based Hand Sanitizer Products During the Public Health Emergency (C) Any other policy of the Food and Drug Administration authorizing the production of hand sanitizer or antiseptic rub. (d) Regulations The Secretary of the Treasury (or the Secretary’s delegate) shall prescribe such regulations or other guidance as may be necessary to carry out the purposes of this section. (e) Effective date This section shall apply to qualified contributions of hand sanitizer made in taxable years beginning after December 31, 2019, and before January 1, 2021.

Summary: Sanitary Access For Everyone Act of 2020 or the SAFE Act of 2020 This bill suspends limitations on individual and corporate charitable contributions in 2020 for donations of hand sanitizers by a distilled spirits operation.