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Tips for Year-End Donations
"Individuals and businesses making contributions to charity should keep in
mind several important tax law provisions that have taken effect in recent years.
One provision offers older owners of individual retirement arrangements (IRAs) a different way
to give to charity. There are also rules designed to provide both taxpayers and the
government greater certainty in determining what may be deducted as a charitable
contribution. Some of these changes include the following.
Special Charitable Contributions for Certain IRA Owners
An IRA owner, age 70 ½ or over, can directly transfer tax-free up to $100,000 per year to an
eligible charitable organization. This option, created in 2006 and recently extended through
2009, is available to eligible IRA owners, regardless of whether they itemize their deductions.
Distributions from employer-sponsored retirement plans, including SIMPLE IRAs and simplified
employee pension (SEP) plans, are not eligible.
To qualify, the funds must be contributed directly by the IRA trustee to the eligible charity.
Amounts so transferred are not taxable and no deduction is available for the amount given to
the charity.
Not all charities are eligible. For example, donor-advised funds and supporting organizations
are not eligible recipients.
Transferred amounts are counted in determining whether the owner has met the IRA’s
required minimum distribution rules. Where individuals have made nondeductible contributions
to their traditional IRAs, a special rule treats transferred amounts as coming first from taxable
funds, instead of proportionately from taxable and nontaxable funds, as would be the case
with regular distributions. See Publication 590, Individual Retirement Arrangements (IRAs), for
more information on qualified charitable distributions.
Rules for Clothing and Household Items
To be deductible, clothing and household items donated to charity must be in good used
condition or better. A clothing or household item for which a taxpayer claims a deduction of
over $500 does not have to be in good used condition or better if the taxpayer includes a
qualified appraisal of the item with the return. Household items include furniture, furnishings,
electronics, appliances, and linens.
Guidelines for Monetary Donations
To deduct any charitable donation of money, regardless of amount, a taxpayer must have a
bank record or a written communication from the charity showing the name of the charity and
the date and amount of the contribution. Bank records include canceled checks, bank or credit
union statements, and credit card statements. Bank or credit union statements should show
the name of the charity, the date, and the amount paid. Credit card statements should show
the name of the charity, the date, and the transaction posting date.
Donations of money include those made in cash or by check, electronic funds transfer, credit
card, and payroll deduction. For payroll deductions, the taxpayer should retain a pay stub, a
Form W-2 wage statement or other document furnished by the employer showing the total
amount withheld for charity, along with the pledge card showing the name of the charity.
These requirements for monetary donations do not change or alter the long-standing
requirement that a taxpayer obtain an acknowledgment from a charity for each deductible
donation (either money or property) of $250 or more. However, one statement containing all of
the required information may meet the requirements of both provisions.
To help taxpayers plan their holiday-season and year-end giving, the IRS offers the following
additional reminders:
Contributions are deductible in the year made. Thus, donations charged to a credit
card before the end of the year count for 2008. This is true even if the credit card bill
isn’t paid until next year. Also, checks count for 2008 as long as they are mailed this
year.
Check that the organization is qualified. Only donations to qualified organizations are
tax-deductible. IRS Publication 78, available online and at many public libraries, lists
most organizations that are qualified to receive deductible contributions. The
searchable online version can be found at IRS.gov under “ Search for Charities.” In
addition, churches, synagogues, temples, mosques and government agencies are
eligible to receive deductible donations, even though they often are not listed in
Publication 78.
For individuals, only taxpayers who itemize their deductions on Form 1040 Schedule A
can claim deductions for charitable contributions. This deduction is not available to
people who choose the standard deduction, including anyone who files a short form
(Form 1040A or 1040EZ). A taxpayer will have a tax savings only if the total itemized
deductions (mortgage interest, charitable contributions, state and local taxes, etc.)
exceeds the standard deduction. Use the 2008 Form 1040 Schedule A, available now
on IRS.gov, to determine whether itemizing is better than claiming the standard
deduction.
For all donations of property, including clothing and household items, get from the
charity, if possible, a receipt that includes the name of the charity, date of the
contribution, and a reasonably-detailed description of the donated property. If a
donation is left at a charity’s unattended drop site, keep a written record of the
donation that includes this information, as well as the fair market value of the property
at the time of the donation and the method used to determine that value.Additional
rules apply for a contribution of $250 or more.
The deduction for a motor vehicle, boat or airplane donated to charity is usually limited
to the gross proceeds from its sale. This rule applies if the claimed value of the vehicle
is more than $500. Form 1098-C, or a similar statement, must be provided to the donor
by the organization and attached to the donor’s tax return.
If the amount of a taxpayer’s deduction for all noncash contributions is over $500, a
properly-completed Form 8283 must be submitted with the tax return." IR-2008-138, Dec. 9, 2008
For additional information on charitable giving:
Visit IRS.gov and click on " Charities and Non-Profits."
See IRS Publication 526, Charitable Contributions.
Review the on-line mini-course, Can I Deduct My Charitable Contributions?
IRS Offers Tips for Year-End Donations http://www.irs.gov/newsroom/article/0,,id=201076,00.html
Jeff W. Lindsay, Esq.
"Make a Difference" in cancer research andDonate Forward
Please check back soon for more information. Thank you.