The tax code allows individuals a tax deduction for contributions to charitable organizations that are tax-exempt under section 501(c)(3). In general, the donor is entitled to deduct the fair market value of property donated to a 501(c)(3) organization. However, the extent of charitable contributions that can be deducted for a particular tax year is limited to a certain amount of an individual's contribution base, essentially an amount equal to their adjusted gross income- the donor's taxable income before claiming itemized deductions like mortgage interest or charitable contributions. The level of annual deductibility is subject to certain five percentage limitations, and is subject to several factors, including the nature of the charitable recipient and the nature of the property donated.
The first three limitations apply to gifts made to public charities and private operating foundations. First, there is a limitation of 50% of a donor's adjusted gross income for gifts of cash and ordinary income property made to either of the aforementioned types of organizations. For example, a donor whose AGI is $100,000 for the year may deduct charitable donations up to $50,000. While the donor may give as much as they choose, they are simply limited to the amount they can claim as a write off. If the donor does choose to make contributions in excess of the 50%, the excess may generally be carried over and deducted in subsequent years.
The second percentage limitation for gifts to public charities and private operating foundations is 30% of their AGI for gifts of capital gains property (stocks, bonds, real estate, and the like). Any excess of the 30% is also subject to the carry forward rule. A donor who makes contributions of both cash and capital gains property during a single tax year is subject to a combination of these percentage limitations, so that the total deduction does not exceed the 50% limitation.
The final limitation for gifts to public charities and private operating foundations allows a donor of capital gains property to take advantage of the 50% limitation, instead of the 30% limitation, when the amount of the contribution is reduced by all of the unrealized appreciation in the value of the property. This election is typically made when the donor wants a larger deduction during the year that a gift is made of property that has not yet fully appreciated in its value.
The fourth and fifth percentage limitations apply to gifts to private foundations. Under the fourth limitation, contributions of cash and ordinary income property to private foundations may not exceed 30% of the donor's contribution base (AGI). The carry over rule also applies to these gifts.
Finally, the fifth percentage limitation is 20% of an individual donor's AGI on gifts of capital gains property donated to private foundations.
For corporations, different percentage limitations are in place. Deductible contributions for a corporation are limited to 10% of the tax year's pre-tax net income. Excess may be carried over and deducted in subsequent years. For corporations, the tax laws do not differentiate between gifts to public charities and gifts to private foundations.
As you plan for charitable giving, and consider its subsequent tax benefits, it is also important to keep in mind what types of contributions are not tax deductible. These include:
- Contributions to political parties, political campaigns, or political action committees.
- Contributions given to individual people.
- Fees or dues paid to professional associations.
- Contributions to labor unions, chambers of commerce, or business associations.
- Contributions to for-profit schools and hospitals.
- Contributions to foreign governments.
- Fines or penalties paid to local or state governments.
- The value of your time for services rendered to a non-profit.
Melanie Guin is the Nonprofit Manager for BizCentral USA, a division of CharityNet USA. CharityNet USA's mission is to serve as a "one-stop" resource center for churches and charities nationwide. As the nation's number one provider of nonprofit services, CharityNet USA offers assistance in all aspects of establishing, operating, and sustaining a religious or community-based nonprofit. In addition to the diverse products CharityNet USA makes available, the organization also provides charities and churches with free tools and links to resources for nonprofit organizations. For more information on CharityNet USA please visit http://www.charitynetusa.com
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