CARL WATTS & ASSOCIATES
March 18, 2013
Washington DC
|
tel/fax 202 350-9002 |
"Charity begins at home, but should not end there" [Thomas Fuller Gnomologia].
|
||||||||||||||||
In this day and age, charity encompasses many public benefits, like advancement of education and science, relief of poverty or distress, assistance to the government, promotion of health, elimination of prejudice and discrimination, defense of human and civil rights, advancement of religion, combating community deterioration and juvenile delinquency, and many others.
|
||||||||||||||||
As a very commendable mention to the subject, Americans from all socio-economic groups are among the most generous people in the world.
|
||||||||||||||||
Of course, federal tax laws provide tax benefits to non profit organizations recognized as exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code. The benefits of 501(c)(3) status include exemption from federal income tax as well as eligibility to receive tax deductible charitable contributions.
|
||||||||||||||||
The tax benefits can be particularly important for large donors who envision charitable giving into their overall financial plans, but even for individuals who have smaller amounts to give, tax deductions can be a nice plus.
|
||||||||||||||||
|
||||||||||||||||
If giving is among your to do list, some of the most important things you need to know about deducting charitable contributions include that:
|
||||||||||||||||
|
||||||||||||||||
|
||||||||||||||||
|
||||||||||||||||
While there has been no limit on the amount of itemized deductions since 2009, an overall limit in itemized deductions (known as the Pease limitation after the congressman who helped create it) has been reinstated for 2013 for those taxpayers with adjusted gross income above $250,000 (individuals) and $300,000 (married couples filing jointly). |
||||||||||||||||
The re-instituted phase-out limitation on itemized deductions cuts the amount of deductions you can take by 3% of AGI above the specified thresholds but you cannot lose more than 80% of the affected itemized deductions. This means that tax payers whose AGI is greater than the specified income thresholds won’t be able to take all of the deductions associated with items like home mortgage interest, charitable donations and state/local income tax payments.
|
||||||||||||||||
Legislators are considering an amendment of tax law to allow all taxpayers to take the charitable deduction whether or not they itemize.
|
||||||||||||||||
|
||||||||||||||||
|
||||||||||||||||
|
||||||||||||||||
|
||||||||||||||||
|
||||||||||||||||
The 50% limitation applies to:
|
||||||||||||||||
|
||||||||||||||||
|
||||||||||||||||
The 30% limitation applies to private foundations (code PF), other than those previously mentioned that qualify for a 50% limitation, and to other organizations that do not qualify for the 50% limitation, such as domestic fraternal societies (code LODGE).
|
The organizations listed in the IRS publication with foreign addresses are generally not foreign organizations but are domestically formed organizations carrying on activities in foreign countries. These organizations are treated the same as any other domestic organization with regard to deductibility limitations.
|
A special limitation applies to certain gifts of long-term capital gain property. |
Charitable contributions may consist of cash or non-cash contributions, but in either case you need to keep the right records to substantiate your donation.
|
|
|
Non cash contributions may include:
|
|
|
|
|
If you receive a benefit from your contribution, you can only deduct the amount that exceeds the benefit.
|
|
Out-of-pocket expenses incurred in performing volunteer work for a charitable organization (including mileage deduction) are considered cash contributions.
|
Charitable contribution can become complicated, therefore, for any out of the ordinary situation (for instance if the property you donated increased in value, or if you receive something in exchange for your contribution, or if you retain some interest in the property you donate) be sure to consult a tax professional. |
Regardless of any tax benefits, charitable giving is always a welcome, feel-good part in everybody’s life. |
|
Troubles viewing this message? View in browser online here
|