Charitable Contributions: How much can you write off?

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Americans are generous individuals. From corporations to private citizens, Americans gave an estimated $241 billion to charitable organizations in 2003, according to the study "Giving USA 2004." So when tax time rolls around, it's always nice to see your charitable contributions pay off as a charitable deduction. The question is: while contributing may be good for the soul, how good is it really on your tax return?

How Much Is Too Much?

The IRS has a limit on giving, but even if your heart exceeds the IRS maximum, you may still be able to benefit from your generous spirit. You may deduct a maximum of up to 50% of your adjusted gross income (AGI) (Line 36 on IRS Form 1040) for the tax year the donation was given. However, if you give more than 50%, the excess may be carried forward for up to five years. Be aware that the 50% rule applies to most contributions, but certain contributions may have lower limits.

What Is Tax-Deductible? How is it Deducted?

Now that you've figured out how much you can deduct, the next question is what exactly is tax deductible and how is it deducted? If you donate money or property to a "qualified organization," your donation can be deducted by filing Form 1040 and itemizing the deduction on Schedule A. If you do not itemize your deduction using Schedule A, you cannot deduct your charitable contribution.

"Qualified organizations" include nonprofit groups that are religious, charitable, educational, scientific or literary in purpose, and nonprofit groups that work to prevent cruelty to children or animals. The following types of organizations qualify for a deduction:

  • Churches, synagogues, temples, mosques and other religious organizations.
  • Federal, state and local governments, if your contribution is used for public purposes.
  • Nonprofit schools and hospitals.
  • Public parks and recreation facilities.
  • Salvation Army, Red Cross, CARE, Goodwill, United Way, Boy and Girl Scouts, etc.
  • War veterans' groups.
  • Expenses paid for a student living with you, sponsored by a qualified organization.

On the other hand, the types of organizations below do not qualify for a charitable deduction:

  • Civic leagues, social and sports clubs, labor unions and chambers of commerce.
  • Foreign organizations (except certain Canadian, Israeli and Mexican charities).
  • For-profit organizations.
  • Lobbying or lawmaking organizations.
  • Lottery, bingo or raffle tickets.
  • Dues, fees or bills paid to social or recreational clubs.
  • Homeowners' associations.
  • Individuals.
  • Political groups or candidates for public office.

Keep Those Records for Cash Donations

It is extremely important to get receipts and keep records for your donations. If you make a cash donation of less than $250, a canceled check or a receipt from the charity showing its name, the amount and the date of the contribution is sufficient. However, contributions of more than $250 require written documentation from the charitable organization. This receipt must include the amount you gave and whether or not you received anything of value as a result of your contribution.

Donating Property? Don't Forget That Receipt!

Like cash donations, if you donate property (defined as anything that is not cash) to a charitable organization, the records you must keep depend on the value of the property you contribute. A contribution of less than $250 requires a receipt from the charity showing the charity's name, the date of the donation, and the location and description of the property donated. In addition to a receipt, donations between $250 and $500 require written acknowledgment of your contribution from the charity, stating whether the organization gave you any goods or services as a result of your contribution.

Donations of property valued between $500 and $5,000 require detailed records of how you initially got the property and the approximate date you received it, in addition to a receipt and written acknowledgment. You must file Form 8283, Noncash Charitable Contributions, for all donations of property valued at more than $500. In addition to every requirement stated above, contributions over $5,000 require a written appraisal from a qualified professional.

Please note that property donations of more than $500 made on or after January 1, 2005 will require written documentation from the charity indicating whether or not the property will be sold or used by the organization. You will not be able to receive a charitable deduction without this documentation.

Drive Away with a Tax Deduction

Instead of trying to sell that old Chevy, you can donate it to a charitable organization and, in return, receive a guaranteed tax deduction. If you donated a car to a charitable organization in 2004, you can deduct the fair market value of the car. The fair market value of a vehicle can be found on Web sites such as the "Kelley Blue Book" (www.kb.com). However, the rules change in 2005. As of January 1, 2005, you can no longer deduct the fair market value of a vehicle if the charity sells it; you can only deduct the amount the charity receives from the sale of the car.

As for all donations of property, you must file Form 8283 when deducting a vehicle donation. This will allow you to describe the condition of the car and how you determined the value. For deductions of more than $5,000, you must attach a copy of an appraisal, made by a qualified professional, to your tax return, in addition to the appraisal portion of Form 8283.

Can I deduct charitable contributions, even if I receive something in return?

If you make a contribution to an organization and receive something in return, you may still be able to get a deduction on your taxes. However, your deduction is limited to the excess of what you gave over the value of what you received. For example, if you gave $100 to a charity dinner and the dinner was worth $30, you can deduct $70. If you make a contribution of more than $75 and receive goods or services, the charity must give you a written statement that tells you the value of those goods or services.

For more information regarding charitable contributions and potential tax benefits, visit the IRS Web site at www.irs.gov and search Publication 526.

Comments

Dear LZ:

This was a very good article concerning Charitable Contributions but it focused only on Non-Profit Corporations.

Please send me your latest information regarding For-Profit Corporations accepting Charitable Contributions. My only knowledge about this is that the donor cannot claim the donation on his personal income tax.

Thank you,
James Klink

I gave $5,252.46 last year in charitable contributions. Is that enough claim when I file my taxes? I know there is a maximum but what is the minimum?
Sincerely,
Mary

There is no minimum, for you to have a deduction you just need to have paid some federal tax.

If I donate a house and property to a religious organization would the government send me a check for the worth of the house. If the house and land appraises at $140,000.00 would we get a check for that or how does this work?

Thanks,

Tom

You can only claim a deduction against what you paid in taxes. If you paid more than 140K in taxes then you could claim some percentage of your charitable gift against those taxes. And potetial receive a refund of some portion of your taxes paid.

How do I estimate the value of 2 hearing aid sets inorder to get an accurate tax write off? there are several donation sites but none give receipts?

What is the legal amount I can donate without documentation? For example like the clothes donation bins.

i live in minnesota

My parents recently received a very generous mineral rights payout in the amount of 640,000.00. However everyone they have gone to for advice is saying they will lose 40% of that to taxes which is a significant portion. Would making a tax deductible contribution to charity help this situation at all?

Thanks for contacting LegalZoom. LegalZoom makes creating legal documents easy and affordable, but since we're not a law firm, we can't give specific legal advice regarding taxes. You may wish to speak to a qualified tax consultant or CPA.

I e-filed my taxes and recorded some charitable deductions that I realize now that I have no receipts for . These deductions totaled $515. and have no effect either way on my tax refund.

Should I still fill out a 1040X Amendment form deleting these deductions, since I won't be able to prove them if audited? Or will the IRS not be concerned since they have no effect on my tax return anyway?

Hi Lisa! Thanks for contacting LegalZoom. This is a great question, however since we're not a law firm, we can't give specific legal advice regarding taxes. You may wish to speak to a qualified tax consultant or CPA.

If I give my time to a 501C organization may I claim this at a given rate as a charitable deduction?

I often give to the homeless, the folks who stand along side the highway at traffic lights holding up a sign looking for work or whatever.

I don't keep track of each time I have over a $10.00 or $20.00 bill to these folks, I'm sure the amount is somewhere around $750.00 - $1,000 a year.

This does not include clothes and shoes I give to a local retirement home, but none the less I stop in there on a couple of years to get rid of closes in my closet I hardly ever were.

What is the legal amount I can donate without documentation?

Thanks

When you donate to a non profit organization the usage of you facility, is it tax deductible?? if so, do you get them to calculate the cost of rental and utilities?

Hi Nola! Thank you for contacting us. LegalZoom makes creating legal documents easy and affordable, but since we're not a law firm, we can't give specific legal advice regarding taxes. You may wish to speak to a qualified tax consultant or CPA.

The IRS would only be going after you if distribution of the asetss was made without the tax debt being paid by the estate. The executor of the estate shouldn't have given any asetss without a release from the IRS. You may have a case against the executor for breach of fiduciary duty but you'll still have to pay the taxes owed. The IRS does offer Installment Agreements on tax debt for people in situations like yours. Definitely look into a penalty abatement to try to cut that down because in this may not be your fault.

Please explain how it is more advantageous to donate from our personal funds (which would be after tax dollars) vs from our corporation (which would be pre tax dollars). in other words, to donate $1,000 from our C Corporation means $1,000 but if it's from personal we have to pay ourselves $1389 so we net the $1,000 for our donation (calculating 28% for all taxes, ss, etc.)...RIGHT?

Hi Terry - Thank you for contacting us. LegalZoom makes creating legal documents easy and affordable, but since we're not a law firm, we can't give specific legal advice regarding taxes. You may wish to speak to a qualified tax consultant or CPA.

IF I make several donations at less than $250 each either to the same charitabele org or to different orgs, if the total exceeds $250 do I need to request written acknowledgment of my contribution from the charities stating whether the organization would give me any goods or services as a result of my contribution?

Hi Mary! Thank you for contacting LegalZoom! While we cannot offer legal advice on this matter, we may be able to help you find an attorney who can assist and advise you through our Legal Advantage Plus plan! Please visit https://www.legalzoom.com/attorneys-lawyers/legal-plans/personal.html for more details.

How much federal taxes are due on approx. a million dollar capital gain investment . Iam a widower.



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