Unit 11 Flashcards
Public Charities (501(c)(3) Organizations)
-Designation: 50% organizations under IRC Section 501.
-Purpose: Benefit the public good.
-Examples: Schools, Religious organizations, Hospitals
Well-known charities (Red Cross, United Way, American Cancer Society, Goodwill, Salvation Army, etc.)
-Donations: Allowed to all levels of government.
Private Charities (30% Organizations)
Designation: 30% organizations.
Alternative Names:
Private charity
Private non-operating foundation
Examples:
Fraternal orders
Veterans organizations
Charitable Contribution Deduction Limit
Overall 50% of AGI
IF CASH = 60%
Ordinary Income for Charitable Contributions
Cash
Inventory
Stock-in-trade
Short-term capital gain/loss property
Charity: Ordinary Income, Lesser of FMV or Basis, 50% org
Charity: Ordinary Income, Lesser of FMV or Basis, 30% org
Lesser of 30% AGI, or 50% AGI minus the 50% organization contributions.
Charity: Long Term Cap Gain, Intangibles, Real Estate and Use-Related Personal Property, 50% org
Can elect to deduct up to 50% AGI, basis is used rather than FMV. Election waives the 5-year carry forward.
Charity: Long Term Cap Gain, Intangibles, Real Estate and Use-Related Personal Property, lesser of FMV or Basis 30% org
An exception is made in the tax code for appreciated stock contributed to a 30% organization, which is allowed a valuation of its FMV.
Charity: Long Term Cap Gain, Non Use-Related Tangible Personal Property, Basis, 50% org
Charity: Long Term Cap Gain, Non Use-Related Tangible Personal Property, 30% org
Charity: Long Term Cap Gain, Indirect Gifts (Services), cost of services
Charitable Contribution Carryover
-Excess Contributions: Value exceeding 50% of AGI (except 50% basis election property).
-Carryover Period: Up to 5 years.
-Exception: 50% basis election property does not follow these rules.
Appreciated Property: Charitable Donations
-Tax Benefit: Reduces both regular tax and AMT liability.
-Effective Strategy: Donate long-term capital gain property (including Section 1231 assets).
-Valuation: Full Fair Market Value (FMV) is deductible (subject to AGI limits).
-Key Advantage: Appreciation is NOT recognized as income for regular tax OR AMT purposes.
Non-Deductible Charitable Contributions
Volunteer Time: No deduction for your time.
Property Use: No deduction for the rental value of property donated for use.
Blood Donations: Non-deductible.
Childcare Costs (Charity-Related): Not deductible.
Split-Dollar Life Insurance: Non-deductible if the charity directly or indirectly pays premiums.
Appraisals for Charitable Contributions
Required when: Donating property (except cash and publicly traded securities) valued over:
$5,000 (general property)
$10,000 (non-publicly traded securities)
Attachment: Qualified appraisal must be attached to your tax return.