Publication 17 |
2003 Tax Year |
Contributions
This is archived information that pertains only to the 2003 Tax Year. If you are looking for information for the current tax year, go to the Tax Prep Help Area.
Important Reminders
Disaster relief. You can deduct contributions earmarked for flood relief, hurricane relief, or other disaster relief to a qualified organization
(defined later
under Organizations That Qualify To Receive Deductible Contributions). However, you cannot deduct contributions earmarked for relief of a
particular individual or family.
Written acknowledgment required. You can claim a deduction for a contribution of $250 or more only if you have a written acknowledgment of your contribution
from the qualified
organization or if you have certain payroll deduction records. For more information, see Records To Keep, later in this chapter.
Payment partly for goods or services. A qualified organization must give you a written statement if you make a payment that is more than $75 and is partly a contribution and
partly for goods or services. The statement must tell you that you can deduct only the amount of your payment that is more
than the value of the goods
or services you received. It must also give you a good faith estimate of the value of those goods or services. See Contributions From Which You
Benefit, later in this chapter, for more information.
Limit on itemized deductions. If your adjusted gross income is more than $139,500 ($69,750 if you are married filing separately), the overall amount of
your itemized deductions
may be limited. See chapter 31 for more information about this limit.
Introduction
This chapter explains how to claim a deduction for your charitable contributions. It discusses:
-
Organizations that are qualified to receive deductible charitable contributions,
-
The types of contributions you can deduct,
-
How much you can deduct,
-
What records to keep, and
-
How to report your charitable contributions.
A charitable contribution is a donation or gift to, or for the use of, a qualified organization. It
is voluntary and is made without getting, or expecting to get, anything of equal value.
Form 1040 required.
To deduct a charitable contribution, you must file Form 1040 and itemize deductions on
Schedule A. The amount of your deduction may be limited if certain rules and limits explained in this chapter apply to you.
Useful Items - You may want to see:
Publication
-
78
Cumulative List of Organizations
-
526
Charitable Contributions
-
561
Determining the Value of Donated Property
Form (and Instructions)
-
Schedule A (Form 1040)
Itemized Deductions
-
8283
Noncash Charitable Contributions
Organizations That Qualify To Receive Deductible Contributions
You can deduct your contributions only if you make them to a qualified organization. To become a qualified organization, most
organizations other than churches and governments, as described below, must apply to the IRS.
You can ask any organization whether it is a qualified organization, and most will be able to tell you. Or you can check IRS
Publication 78, which
lists most qualified organizations. You may find Publication 78 in your local library's reference section, or on the internet
at
www.irs.gov. You can also call the IRS Tax Exempt/Government Entities Customer Service at 1–877–829–5500 to find out if
an organization is qualified.
Types of Qualified Organizations
Generally, only the five following types of organizations can be qualified organizations.
-
A community chest, corporation, trust, fund, or foundation organized or created in or under the laws of the United States, any
state, the District of Columbia, or any possession of the United States (including Puerto Rico). It must be organized and
operated only for one or
more of the following purposes.
-
Religious.
-
Charitable.
-
Educational.
-
Scientific.
-
Literary.
-
The prevention of cruelty to children or animals.
Certain organizations that foster national or international amateur sports competition also
qualify.
-
War veterans' organizations, including posts, auxiliaries, trusts, or foundations, organized in the United States or any of its
possessions.
-
Domestic fraternal societies, orders, and associations operating under the lodge system.
Note. Your contribution to this type of organization is deductible only if it is to be used solely for charitable, religious,
scientific, literary, or educational purposes, or for the prevention of cruelty to children or animals.
-
Certain nonprofit cemetery companies or corporations.
Note. Your contribution to this type of organization is not deductible if it can be used for the care of a specific lot or mausoleum
crypt.
-
The United States or any state, the District of Columbia, a U.S. possession (including Puerto Rico), a political subdivision of a
state or U.S. possession, or an Indian tribal government or any of its subdivisions that perform substantial government functions.
Note. To be deductible, your contribution to this type of organization must be made solely for public purposes.
Examples.
Qualified organizations include:
-
Churches, a convention or association of churches, temples, synagogues, mosques, and other religious organizations.
-
Most nonprofit charitable organizations such as the Red Cross and the United Way.
-
Most nonprofit educational organizations, including the Boy and Girl Scouts of America, colleges, museums, and day-care centers
if
substantially all the child care provided is to enable individuals (the parents) to be gainfully employed and the services
are available to the
general public. However, if your contribution is a substitute for tuition or other enrollment fee, it is not deductible as
a charitable contribution,
as explained later under Contributions You Cannot Deduct.
-
Nonprofit hospitals and medical research organizations.
-
Utility company emergency energy programs, if the utility company is an agent for a charitable organization that assists individuals
with
emergency energy needs.
-
Nonprofit volunteer fire companies.
-
Public parks and recreation facilities.
-
Civil defense organizations.
Certain foreign charitable organizations.
Under income tax treaties with Canada, Israel, and Mexico, you may be able to
deduct contributions to certain Canadian, Israeli, or Mexican charitable organizations. Generally, you must have income from
sources in that country.
For additional information on the deduction of contributions to Canadian charities, see Publication 597, Information on the United
States–Canada Income Tax Treaty. If you need more information on how to figure your contribution to Mexican and Israeli charities, see
Publication 526.
Contributions
You Can Deduct
Generally, you can deduct your contributions of money or property that you make to, or for the use of, a qualified organization.
A gift or
contribution is “for the use of” a qualified organization when it is held in a legally enforceable trust for the qualified organization or in a
similar legal arrangement.
If you give property to a qualified organization, you generally can deduct the
fair market value of the property at the time of the contribution. See Contributions of Property, later in this chapter.
Your deduction for charitable contributions is generally limited to 50% of your adjusted gross income, but in
some cases 20% and 30% limits may apply. See Limits on Deductions, later.
Table 26–1 lists some examples of contributions you can deduct and some that you cannot deduct.
Contributions From
Which You Benefit
If you receive a benefit as a result of making a contribution to a qualified organization, you can deduct only the amount
of your contribution that
is more than the value of the benefit you receive.
If you pay more than fair market value to a qualified organization for merchandise, goods, or services, the amount you pay
that is more than the
value of the item can be a charitable contribution. For the excess amount to qualify, you must pay it with the intent to make
a charitable
contribution.
Example 1.
You pay $65 for a ticket to a dinner-dance at a church. All of the proceeds of the function go to the church. The ticket to
the dinner-dance has a
fair market value of $25. When you buy your ticket, you know that its value is less than your payment. To figure the amount
of your charitable
contribution, you subtract the value of the benefit you receive ($25) from your total payment ($65). You can deduct $40 as
a contribution to the
church.
Example 2.
At a fund-raising auction conducted by a charity, you pay $600 for a week's stay
at a beach house. The amount you pay is no more than the fair rental value. You have not made a deductible charitable contribution.
Athletic events.
If you make a payment to, or for the benefit of, a college or university and, as a result, you receive the right to
buy tickets to an athletic
event in the athletic stadium of the college or university, you can deduct 80% of the payment as a charitable contribution.
If any part of your payment is for tickets (rather than the right to buy tickets), that part is not deductible. In
that case, subtract the price of
the tickets from your payment. 80% of the remaining amount is a charitable contribution.
Example 1.
You pay $300 a year for membership in an athletic scholarship program maintained by a university (a qualified organization).
The only benefit of
membership is that you have the right to buy one season ticket for a seat in a designated area of the stadium at the university's
home football games.
You can deduct $240 (80% of $300) as a charitable contribution.
Table 26–1. Examples of Charitable Contributions—A Quick Check
Use the following lists for a quick check of contributions you can or cannot deduct. See the rest of this chapter
for more information and additional rules and limits that may apply.
|
Deductible As Charitable Contributions |
Not Deductible As Charitable Contributions |
Money or property you give to:
-
Churches, synagogues, temples, mosques, and other religious organizations
-
Federal, state, and local governments, if your contribution is solely for public purposes (for example, a gift to reduce the
public
debt)
-
Nonprofit schools and hospitals
-
Public parks and recreation facilities
-
Salvation Army, Red Cross, CARE, Goodwill Industries, United Way, Boy Scouts, Girl Scouts, Boys and Girls Clubs of America,
etc.
-
War veterans groups
|
Money or property you give to:
-
Civic leagues, social and sports clubs, labor unions, and chambers of commerce
-
Foreign organizations (except certain Canadian, Israeli, and Mexican charities)
-
Groups that are run for personal profit
-
Groups whose purpose is to lobby for law changes
-
Homeowners' associations
-
Individuals
-
Political groups or candidates for public office
|
Costs you pay for a student living with you, sponsored by a qualified organization |
Cost of raffle, bingo, or lottery tickets |
Out-of-pocket expenses when you serve a qualified organization as a volunteer |
Dues, fees, or bills paid to country clubs, lodges, fraternal orders, or similar
groups
|
|
Tuition |
|
Value of your time or services |
|
Value of blood given to a blood bank |
Example 2.
The facts are the same as in Example 1 except that your $300 payment included the purchase of one season ticket for the stated
ticket price of
$120. You must subtract the usual price of a ticket ($120) from your $300 payment. The result is $180. Your deductible charitable
contribution is $144
(80% of $180).
Charity benefit events.
If you pay a qualified organization more than fair market value for the right to attend a charity ball, banquet, show,
sporting event, or other
benefit event, you can deduct only the amount that is more than the value of the privileges or other benefits you receive.
If there is an established charge for the event, that charge is the value of your benefit. If there is no established
charge, your contribution is
that part of your payment that is more than the reasonable value of the right to attend the event. Whether you use the tickets
or other privileges has
no effect on the amount you can deduct. However, if you return the ticket to the qualified organization for resale, you can
deduct the entire amount
you paid for the ticket.
Even if the ticket or other evidence of payment indicates that the payment is a “contribution,” this does not mean you can deduct the entire
amount. If the ticket shows the price of admission and the amount of the contribution, you can deduct the contribution amount.
Example.
You pay $40 to see a special showing of a movie for the benefit of a qualified organization. Printed on the ticket is
“Contribution—$40.” If the regular price for the movie is $8, your contribution is $32 ($40 payment - $8 regular price).
Membership fees or dues.
You may be able to deduct membership fees or dues you pay to a qualified organization.
However, you can deduct only the amount that is more than the value of the benefits you receive. You cannot deduct dues, fees,
or assessments paid to
country clubs and other social organizations. They are not qualified organizations.
Certain membership benefits can be disregarded.
Both you and the organization can disregard certain membership benefits you get in return for an annual payment of
$75 or less to the
qualified organization. You can pay more than $75 to the organization if the organization does not require a larger payment
for you to get the
benefits. The following benefits are covered under this rule.
-
Any rights or privileges, other than those discussed under Athletic events, earlier, that you can use frequently while you are a
member, such as:
-
Free or discounted admission to the organization's facilities or events,
-
Free or discounted parking,
-
Preferred access to goods or services, and
-
Discounts on the purchase of goods and services.
-
Admission, while you are a member, to events that are open only to members of the organization, if the organization reasonably
projects that
the cost per person (excluding any allocated overhead) is not more than $8.
Token items.
You can deduct your entire payment to a qualified organization as a charitable contribution if both of the following
are true.
-
You get a small item or other benefit of token value.
-
The qualified organization correctly determines that the value of the item or benefit you received is not substantial and
informs you that
you can deduct your payment in full.
Written statement.
A qualified organization must give you a written statement if you make a payment to it that is more than $75 and is partly a
contribution and partly for goods or services. The statement must tell you that you can deduct only the amount of your payment
that is more than the
value of the goods or services you received. It must also give you a good faith estimate of the value of those goods or services.
The organization can give you the statement either when it solicits or when it receives the payment from you.
Exception.
An organization will not have to give you this statement if one of the following is true.
-
The organization is:
-
The type of organization described in (5) under Types of Qualified Organizations, earlier, or
-
Formed only for religious purposes, and the only benefit you receive is an intangible religious benefit (such as admission
to a religious
ceremony) that generally is not sold in commercial transactions outside the donative context.
-
You receive only items whose value is not substantial. See Token items, earlier.
-
You receive only membership benefits that can be disregarded, as described earlier.
Expenses Paid for Student Living With You
You may be able to deduct some expenses of having a student live with you. You can deduct qualifying expenses for a foreign or American
student who:
-
Lives in your home under a written agreement between you and a qualified organization as part of a program of the organization to
provide educational opportunities for the student,
-
Is not your dependent or relative, and
-
Is a full-time student in the twelfth or any lower grade at a school in the United States.
You can deduct up to $50 a month for each full calendar month the student lives with you.
Any month when conditions (1) through (3) above are met for 15 days or more counts as a full month.
For additional information, see Expenses Paid for Student Living With You in Publication 526.
Mutual exchange program.
You cannot deduct the costs of a foreign student living in your home under a mutual exchange program through which
your child will live with a
family in a foreign country.
Table 26–2. Volunteers' Questions and Answers
If you do volunteer work for a qualified organization, the following questions and answers may apply to you.
All of the rules explained in this chapter also apply. See, in particular,Out-of-Pocket Expenses in Giving Services. |
Question |
Answer |
I do volunteer work 6 hours a week in the office of a qualified organization. The receptionist is paid $6 an hour to do the
same
work I do. Can I deduct $36 a week for my time?
|
No, you cannot deduct the value of your time or services. |
The office is 30 miles from my home. Can I deduct any of my car expenses for these trips? |
Yes, you can deduct the costs of gas and oil that are directly related to getting to and from the qualified organization where
you are a volunteer. If you don't want to figure your actual costs, you can deduct 14 cents for each mile.
|
I volunteer as a Red Cross nurse's aide at a hospital. Can I deduct the cost of uniforms that I must wear? |
Yes, you can deduct the cost of buying and cleaning your uniforms if the hospital is a qualified organization, the uniforms
are
not suitable for everyday use, and you must wear them when volunteering.
|
I pay a babysitter to watch my children while I do volunteer work for a qualified organization. Can I deduct these
costs?
|
No, you cannot deduct payments for child care expenses as a charitable contribution, even if they are necessary so you can
do
volunteer work for a qualified organization. (If you have child care expenses so you can work for pay, see chapter 34.)
|
Out-of-Pocket Expenses in Giving Services
You may be able to deduct some amounts you pay in giving services to a qualified organization. The amounts must be:
-
Unreimbursed,
-
Directly connected with the services,
-
Expenses you had only because of the services you gave, and
-
Not personal, living, or family expenses.
Table 26–2 contains questions and answers that apply to some individuals who volunteer their services.
Conventions.
If you are a chosen representative attending a convention of a qualified organization, you can deduct actual unreimbursed expenses for
travel and transportation, including a reasonable amount for meals and lodging, while away from home overnight in connection
with the convention.
However, see Travel, later.
You cannot deduct personal expenses for sightseeing, fishing parties, theater tickets, or nightclubs. You also cannot
deduct travel, meals and
lodging, and other expenses for your spouse or children.
You cannot deduct your expenses in attending a church convention if you go only as a member of your
church rather than as a chosen representative. You can deduct unreimbursed expenses that are directly connected with giving
services for your church
during the convention.
Uniforms.
You can deduct the cost and upkeep of uniforms that are not suitable for everyday use and that you must wear while
performing donated services for
a charitable organization.
Foster parents.
You may be able to deduct as a charitable contribution some of the costs of being a foster parent (foster care provider)
if you have no profit
motive in providing the foster care and are not, in fact, making a profit. A qualified organization must designate the individuals
you take into your
home for foster care.
You can deduct expenses that meet both of the following
requirements.
-
They are unreimbursed out-of-pocket expenses to feed, clothe, and care for the foster child.
-
They are mainly to benefit the qualified organization.
Unreimbursed expenses that you cannot deduct as charitable contributions may be considered support provided by you
in determining whether you can
claim the foster child as a dependent. For details see chapter 3.
Example.
You cared for a foster child because you wanted to adopt her, not to benefit
the agency that placed her in your home. Your unreimbursed expenses are not deductible as charitable contributions.
Car expenses.
You can deduct unreimbursed out-of-pocket expenses, such as the cost of gas and oil, that are directly related to
the use of your car in giving
services to a charitable organization. You cannot deduct any part of general repair and maintenance expenses, depreciation, registration
fees, or the costs of tires or insurance.
If you do not want to deduct your actual expenses, you can use a standard mileage rate of 14 cents a
mile to figure your contribution.
You can deduct parking fees and tolls whether you use your actual expenses or the standard mileage rate.
You must keep reliable written records of your car expenses. For more information, see Car expenses under Records To Keep,
later.
Travel.
Generally, you can claim a charitable contribution deduction for travel expenses necessarily incurred while you are
away from home performing
services for a charitable organization only if there is no significant element of personal pleasure, recreation, or vacation in the travel.
This applies whether you pay the expenses directly or indirectly. You are paying the expenses indirectly if you make a payment
to the charitable
organization and the organization pays for your travel expenses.
The deduction for travel expenses will not be denied simply because you enjoy providing services to the charitable
organization. Even if you enjoy
the trip, you can take a charitable contribution deduction for your travel expenses if you are on duty in a genuine and substantial
sense throughout
the trip. However, if you have only nominal duties, or if for significant parts of the trip you do not have any duties, you
cannot deduct your travel
expenses.
Example 1.
You are a troop leader for a tax-exempt youth group and you help take the group on a camping
trip. You are responsible for overseeing the setup of the camp and for providing adult supervision for other activities during
the entire trip. You
participate in the activities of the group and really enjoy your time with them. You oversee the breaking of camp and you
help transport the group
home. You can deduct your travel expenses.
Example 2.
You sail from one island to another and spend 8 hours a day counting whales and other forms of marine life. The project is
sponsored by a
charitable organization. In most circumstances, you cannot deduct your expenses.
Example 3.
You work for several hours each morning on an archaeological dig sponsored by a charitable organization. The rest of the day
is free for recreation
and sightseeing. You cannot take a charitable contribution deduction even though you work very hard during those few hours.
Example 4.
You spend the entire day attending a charitable organization's regional meeting as a chosen representative. In the evening
you go to the theater.
You can claim your travel expenses as charitable contributions, but you cannot claim the cost of your evening at the theater.
Daily allowance (per diem).
If you provide services for a charitable organization and receive a daily allowance to cover reasonable travel expenses,
including meals and
lodging while away from home overnight, you must include in income the amount of the allowance that is more than your deductible
travel expenses. You
can deduct your necessary travel expenses that are more than the allowance.
Deductible travel expenses.
These include:
-
Air, rail, and bus transportation,
-
Out-of-pocket expenses for your car,
-
Taxi fares or other costs of transportation between the airport or station and your hotel,
-
Lodging costs, and
-
The cost of meals.
Because these travel expenses are not business-related, they are not subject to the same limits as business-related expenses.
For information
on business travel expenses, see Travel Expenses in chapter 28.
Contributions
You Cannot Deduct
There are some contributions you cannot deduct, such as those made to individuals and those made to nonqualified organizations.
(See
Contributions to Individuals and Contributions to Nonqualified Organizations, next). There are others you can deduct only part
of, as discussed later under Contributions From Which You Benefit.
Contributions To Individuals
You cannot deduct contributions to specific individuals, including the following.
Contributions To Nonqualified Organizations
You cannot deduct contributions to organizations that are not qualified to receive tax-deductible contributions, including
the following.
-
Certain state bar associations if:
-
The state bar is not a political subdivision of a state,
-
The bar has private, as well as public, purposes, such as promoting the professional interests of members, and
-
Your contribution is unrestricted and can be used for private purposes.
-
Chambers of commerce and other business leagues or organizations.
-
Civic leagues and associations.
-
Communist organizations.
-
Country clubs and other social clubs.
-
Foreign organizations other than:
-
A U.S. organization that transfers funds to a charitable foreign organization if the U.S. organization controls the use of
the funds or if
the foreign organization is only an administrative arm of the U.S. organization, or
-
Certain Canadian, Israeli, or Mexican charitable organizations. See Certain foreign charitable organizations under
Organizations That Qualify To Receive Deductible Contributions, earlier.
-
Homeowners' associations.
-
Labor unions. But you may be able to deduct union dues as a miscellaneous itemized deduction, subject to the
2%-of-adjusted-gross-income limit, on Schedule A (Form 1040). See chapter 30.
-
Political organizations and candidates.
Contributions From
Which You Benefit
If you receive or expect to receive a financial or economic benefit as a result of making a contribution to a qualified organization,
you cannot
deduct the part of the contribution that represents the value of the benefit you receive or expect to receive. These contributions
include the
following.
-
Contributions for lobbying. This includes amounts that you earmark for use in, or in connection with, influencing specific
legislation.
-
Contributions to a retirement home that are clearly for room, board, maintenance, or admittance. Also, if the amount of your
contribution depends on the type or size of apartment you will occupy, it is not a charitable contribution.
-
Costs of raffles, bingo, lottery, etc. You cannot deduct as a charitable contribution amounts you pay to buy raffle or lottery
tickets or to play bingo or other games of chance. For information on how to report gambling winnings and losses, see chapter
13 and chapter 30.
-
Dues to fraternal orders and similar groups. However, see Membership fees or dues, earlier, under Contributions
You Can Deduct.
-
Tuition, or amounts you pay instead of tuition, even if you pay them for children to attend parochial schools or qualifying
nonprofit day-care centers. You also cannot deduct any fixed amount you may be required to pay in addition to the tuition
fee to enroll in a private
school, even if it is designated as a “donation.”
Value of Time or Services
You cannot deduct the value of your time or services, including:
-
Blood donations to the Red Cross or to blood banks, and
-
The value of income lost while you work as an unpaid volunteer for a qualified organization.
Personal Expenses
You cannot deduct personal, living, or family expenses, such as:
Appraisal Fees
Fees that you pay to find the fair market value of donated property are not deductible as contributions. You can claim them,
subject to the
2%-of-adjusted-gross-income limit, as miscellaneous deductions on Schedule A (Form 1040). See chapter 30.
Contributions
of Property
If you contribute property to a qualified organization, the amount of your charitable contribution is generally the fair market
value of the
property at the time of the contribution. However, if the property has increased in value, you may have to make some adjustments
to the amount of your
deduction. See Giving Property That Has Increased in Value, later.
For information about the records you must keep and the information you must furnish with your return if you donate property,
see Records To
Keep and How To Report, later.
Partial interest in property.
Generally, you cannot deduct a charitable contribution (not made by a transfer in trust) of less than your entire
interest in property.
Right to use property.
A contribution of the right to use property is a contribution of less than your entire interest in that property and
is not deductible. For
exceptions and more information, see Partial Interest in Property Not in Trust in Publication 561.
Future interests in tangible personal property.
You can deduct the value of a charitable contribution of a future interest in tangible personal property only after
all intervening interests in
and rights to the actual possession or enjoyment of the property have either expired or been turned over to someone other
than yourself, a related
person, or a related organization.
Future interest.
This is any interest that is to begin at some future time, regardless of whether it is designated as a future interest
under state law.
Determining
Fair Market Value
This section discusses general guidelines for determining the fair market value of various types of donated property. Fair
market value is the
price at which property would change hands between a willing buyer and a willing seller, neither having to buy or sell, and
both having reasonable
knowledge of all the relevant facts. Publication 561 contains a more complete discussion.
Used clothing and household goods.
Generally, the fair market value of used clothing and household goods is far less than its original cost.
For used clothing, you should claim as the value the price that buyers of used items actually pay in used clothing
stores, such as consignment or
thrift shops. See Household Goods in Publication 561 for information on the valuation of household goods, such as furniture, appliances,
and linens.
Example.
Dawn Greene donated a coat to a thrift store operated by her church. She paid $300 for the coat 3 years ago. Similar coats
in the thrift store sell
for $50. The fair market value of the coat is therefore $50. Dawn's donation is limited to $50.
Cars, boats, and aircraft.
If you contribute a car, boat, or aircraft to a charitable organization, you must determine its fair market value.
Certain commercial firms and trade organizations publish used car pricing guides,
commonly called “blue books,” containing complete dealer sale prices or dealer average prices for recent model years. The guides may be published
monthly or seasonally and for different regions of the country. These guides also provide estimates for adjusting for unusual
equipment, unusual
mileage, and physical condition. The prices are not “official” and these publications are not considered an appraisal of any specific donated
property. But they do provide clues for making an appraisal and suggest relative prices for comparison with current sales
and offerings in your area.
Example.
You donate your car to a local high school for use by their students studying automobile repair. Your credit union told you
that the “blue
book” value of the car is $1,600. However, your car needs extensive repairs and, after some checking, you find that you could
sell it for $750. You
can deduct $750, the true fair market value of the car, as a charitable contribution.
Large quantities.
If you contribute a large number of the same item, fair market value is the price at which comparable numbers of the
item are being sold.
Giving Property That
Has Decreased in Value
If you contribute property with a fair market value that is less than your basis in it, your deduction is limited to fair
market value. You cannot
claim a deduction for the difference between the property's basis and its fair market value.
Giving Property That
Has Increased in Value
If you contribute property with a fair market value that is more than your basis in it, you may have to reduce the fair market
value by the amount
of appreciation (increase in value) when you figure your deduction.
Your basis in property is generally what you paid for it. See chapter 14 if you need more information about basis.
Different rules apply to figuring your deduction, depending on whether the property is:
-
Ordinary income property, or
-
Capital gain property.
Ordinary income property.
Property is ordinary income property if its sale at fair market value on the date it was contributed would have resulted
in ordinary income or in
short-term capital gain. Examples of ordinary income property are inventory, works of art created by the donor, manuscripts
prepared by the donor, and
capital assets held 1 year or less.
The amount you can deduct for a contribution of ordinary income property is its fair market value less the amount
that would be ordinary income or
short-term capital gain if you sold the property for its fair market value. Generally, this rule limits the deduction to your
basis in the property.
Example.
You donate stock that you held for 5 months to your church. The fair market value of the stock on the day you donate it is
$1,000, but you paid
only $800 (your basis). Because the $200 of appreciation would be short-term capital gain if you sold the stock, your deduction
is limited to $800
(fair market value less the appreciation).
Capital gain property.
Property is capital gain property if its sale at fair market value on the date of the contribution would have resulted
in long-term capital gain.
It includes capital assets held more than 1 year, as well as certain real property and depreciable property used in your trade
or business and,
generally, held more than 1 year.
Amount of deduction — general rule.
When figuring your deduction for a gift of capital gain property, you usually can use the fair market value of the gift.
Exceptions.
In certain situations, you must reduce the fair market value by any amount that would have been long-term capital
gain if you had sold the property
for its fair market value. Generally, this means reducing the fair market value to the property's cost or other basis.
Bargain sales.
A bargain sale of property to a qualified organization (a sale or exchange for less than the property's fair market
value) is partly a charitable
contribution and partly a sale or exchange. A bargain sale may result in a taxable gain.
More information.
For more information on donated appreciated property, see Giving Property That Has Increased in Value in Publication 526.
When To Deduct
You can deduct your contributions only in the year you actually make them in cash or other property (or in a later carryover
year, as explained
later under Carryovers). This applies whether you use the cash or an accrual method of accounting.
Time of making contribution.
Usually, you make a contribution at the time of its unconditional delivery.
Checks.
A check that you mail to a charity is considered delivered on the date you mail it.
Credit card.
Contributions charged on your bank credit card are deductible in the year you make the charge.
Pay-by-phone account.
If you use a pay-by-phone account, the date you make a contribution is the date the financial institution pays the
amount. This date should be
shown on the statement the financial institution sends to you.
Stock certificate.
A gift to a charity of a properly endorsed stock certificate is completed on the date of mailing or other delivery
to the charity or to the
charity's agent. However, if you give a stock certificate to your agent or to the issuing corporation for transfer to the
name of the charity, your
gift is not completed until the date the stock is transferred on the books of the corporation.
Promissory note.
If you issue and deliver a promissory note to a charitable organization as a contribution, it is not a contribution
until you make the note
payments.
Option.
If you grant an option to buy real property at a bargain price to a charitable organization, you cannot take a deduction
until the organization
exercises the option.
Borrowed funds.
If you make a contribution with borrowed funds, you can deduct the contribution in the year you make it, regardless
of when you repay the loan.
Limits on Deductions
If your total contributions for the year are 20% or less of your adjusted gross income, you do not need to read this section.
The limits discussed
here do not apply to you.
The amount of your deduction is limited to 50% of your adjusted gross income and may be limited to 30% or 20% of
your adjusted gross income, depending on the type of property you give and the type of organization you give it to. These
limits are described below.
If your contributions are more than any of the limits that apply, see Carryovers, later.
50% Limit
This limit applies to the total of all charitable contributions you make during the year. This means that your deduction for
charitable
contributions cannot be more than 50% of your adjusted gross income for the year.
Generally, the 50% limit is the only limit that applies to gifts to organizations listed below under
50% limit organizations. But there is one exception. A 30% limit also applies to these gifts if they are gifts of capital gain
property for which you figure your deduction using fair market value without reduction for appreciation. (See Special 30% Limit for Capital Gain
Property, later.)
50% limit organizations.
You can ask any organization whether it is a 50% limit organization and most will be able to tell you. Or you can
check IRS Publication 78 or call
the IRS Tax Exempt/Government Entities Customer Service at the number listed earlier under Organizations that Qualify To Receive Deductible
Contributions. The following is a partial list of the types of organizations that are 50% limit organizations.
-
Churches and conventions or associations of churches.
-
Educational organizations with a regular faculty and curriculum that normally have a regularly enrolled student body attending
classes on
site.
-
Hospitals and certain medical research organizations associated with these hospitals.
-
Publicly supported charities.
-
Private operating foundations.
-
Private nonoperating foundations that make qualifying distributions of 100% of contributions within 2½ months following the
year they receive the contributions.
-
Certain private foundations whose contributions are pooled in a common fund, the income and principal of which are paid to
public charities.
30% Limit
A 30% limit applies to the following gifts.
-
Gifts to all qualified organizations other than 50% limit organizations. This includes gifts to veterans' organizations, fraternal
societies, nonprofit cemeteries, and certain private nonoperating foundations.
-
Gifts for the use of any organization.
However, if these gifts are of capital gain property, they are subject to the 20% limit, described later, rather than the
30% limit.
Student living with you.
Amounts you spend on behalf of a student living with you are subject to the 30% limit. These amounts are considered
a contribution for the use
of a qualified organization.
Special 30% Limit for
Capital Gain Property
A special 30% limit applies to gifts of capital gain property to 50% limit organizations. (For gifts of capital gain property
to other
organizations, see 20% Limit, next.) However, the special 30% limit does not apply when you choose to reduce the fair market value of the
property by the amount that would have been long-term capital gain if you had sold the property. Instead, only the 50% limit
applies. For more
information, see the rules for electing the 50% limit for capital gain property under How To Figure Your Deduction When Limits Apply in
Publication 526.
20% Limit
This limit applies to all gifts of capital gain property to or for the use of qualified organizations (other than gifts of
capital gain property to
50% limit organizations).
Carryovers
You can carry over your contributions that you are not able to deduct in the current year because they exceed your adjusted-gross-income
limits.
You can deduct the excess in each of the next 5 years until it is used up, but not beyond that time. For more information,
see Carryovers
in Publication 526.
Records To Keep
You must keep records to prove the amount of the cash and noncash contributions you make during the year. The kind of records
you must keep depends
on the amount of your contributions and whether they are cash or noncash contributions.
Note.
An organization generally must give you a written statement if it
receives a payment from you that is more than $75 and is partly a contribution and partly for goods or services. (See Contributions From Which
You Benefit under Contributions You Can Deduct, earlier.) Keep the statement for your records. It may satisfy all or part of the
recordkeeping requirements explained in the following discussions.
Cash Contributions
Cash contributions include those paid by cash, check, credit card, or payroll deduction. They also include your out-of-pocket
expenses when
donating your services.
For a contribution made in cash, the records you must keep depend on whether the contribution is:
-
Less than $250, or
-
$250 or more.
Amount of contribution.
In figuring whether your contribution is $250 or more, do not combine separate contributions. For example, if you
gave your church $25 each week,
your weekly payments do not have to be combined. Each payment is a separate contribution.
If contributions are made by payroll deduction, the deduction from each paycheck is treated as a separate
contribution.
If you made a payment that is partly for goods and services, as described earlier under Contributions From Which You Benefit, your
contribution is the amount of the payment that is more than the value of the goods and services.
Contributions of Less Than $250
For each cash contribution that is less than $250, you must keep one of the following items.
-
A canceled check, or a legible and readable account statement that shows:
-
If payment was by check—the check number, amount, date posted, and to whom paid.
-
If payment was by electronic funds transfer—the amount, date posted, and to whom paid.
-
If payment was charged to a credit card—the amount, transaction date, and to whom paid.
-
A receipt (or a letter or other written communication) from the charitable organization showing the name of the organization,
the date of
the contribution, and the amount of the contribution.
-
Other reliable written records that include the information described in (2). Records may be considered reliable if they were
made at or
near the time of the contribution, and were regularly kept by you, or if, in the case of small donations, you have emblems,
buttons, or other tokens
that are regularly given to persons making small cash contributions.
Car expenses.
If you claim expenses directly related to the use of your car in giving services to a qualified organization, you
must keep reliable written
records of your expenses. Whether your records are considered reliable depends on all the facts and circumstances. Generally,
they may be considered
reliable if you made them regularly and at or near the time you had the expenses.
Your records must show the name of the organization you were serving and the date each time you used your car for
a charitable purpose. If you use
the standard mileage rate of 14 cents a mile, your records must show the miles you drove your car for the charitable purpose.
If you deduct your
actual expenses, your records must show the costs of operating the car that are directly related to a charitable purpose.
See Car expenses, earlier, under Out-of-Pocket Expenses in Giving Services, for the expenses you can deduct.
Contributions of $250 or More
You can claim a deduction for a contribution of $250 or more only if you have an acknowledgment of your contribution from
the qualified
organization or certain payroll deduction records.
If you made more than one contribution of $250 or more, you must have either a separate acknowledgment for each or one acknowledgment
that shows
your total contributions.
Acknowledgment.
The acknowledgment must meet these tests.
-
It must be written.
-
It must include:
-
The amount of cash you contributed,
-
Whether the qualified organization gave you any goods or services as a result of your contribution (other than certain token
items and
membership benefits), and
-
A description and good faith estimate of the value of any goods or services described in (b). If the only benefit you received
was an
intangible religious benefit (such as admission to a religious ceremony) that generally is not sold in a commercial transaction
outside the donative
context, the acknowledgment must say so and does not need to describe or estimate the value of the benefit.
-
You must get it on or before the earlier of:
-
The date you file your return for the year you make the contribution, or
-
The due date, including extensions, for filing the return.
Payroll deductions.
If you make a contribution by payroll deduction, you do not need an acknowledgment from the qualified organization.
But if your employer deducted
$250 or more from a single paycheck, you must keep:
-
A pay stub, Form W–2, or other document furnished by your employer that proves the amount withheld, and
-
A pledge card or other document from the qualified organization that states the organization does not provide goods or services
in return
for any contribution made to it by payroll deduction.
Out-of-pocket expenses.
If you render services to a qualified organization and have unreimbursed out-of-pocket expenses related to those services,
you can satisfy the
written acknowledgment requirement just discussed if:
-
You have adequate records to prove the amount of the expenses, and
-
By the required date, you get an acknowledgment from the qualified organization that contains:
-
A description of the services you provided,
-
A statement of whether or not the organization provided you any goods or services to reimburse you for the expenses you
incurred,
-
A description and a good faith estimate of the value of any goods or services (other than intangible religious benefits) provided
to
reimburse you, and
-
A statement of any intangible religious benefits provided to you.
Noncash Contributions
For a contribution not made in cash, the records you must keep depend on whether your deduction for the contribution is:
-
Less than $250,
-
At least $250 but not more than $500,
-
Over $500 but not more than $5,000, or
-
Over $5,000.
Amount of contribution.
In figuring whether your contribution is $250 or more, do not combine separate contributions. If you received goods
or services in return, as
described earlier in Contributions From Which You Benefit, reduce your contribution by the value of those goods or services. If you figure
your deduction by reducing the fair market value of the donated property by its appreciation, as described earlier in Giving Property That Has
Increased in Value, your contribution is the reduced amount.
Deductions of Less Than $250
If you make any noncash contribution, you must get and keep a receipt from the charitable organization showing:
-
The name of the charitable organization,
-
The date and location of the charitable contribution, and
-
A reasonably detailed description of the property.
A letter or other written communication from the charitable organization acknowledging receipt of the contribution and containing
the information
in (1), (2), and (3) will serve as a receipt.
You are not required to have a receipt where it is impractical to get one (for example, if you leave property at a charity's
unattended drop site).
Additional records.
You must also keep reliable written records for each item of donated property. Your written records must include the
following information.
-
The name and address of the organization to which you contributed.
-
The date and location of the contribution.
-
A description of the property in detail reasonable under the circumstances. For a security, keep the name of the issuer, the
type of
security, and whether it is regularly traded on a stock exchange or in an over-the-counter market.
-
The fair market value of the property at the time of the contribution and how you figured the fair market value. If it was
determined by
appraisal, keep a signed copy of the appraisal.
-
The cost or other basis of the property if you must reduce its fair market value by appreciation. Your records should also
include the
amount of the reduction and how you figured it. If you choose the 50% limit instead of the special 30% limit on certain capital
gain property, you
must keep a record showing the years for which you made the choice, contributions for the current year to which the choice
applies, and carryovers
from preceding years to which the choice applies. See How To Figure Your Deduction When Limits Apply in Publication 526 for information on
how to make the capital gain property election.
-
The amount you claim as a deduction for the tax year as a result of the contribution, if you contribute less than your entire
interest in
the property during the tax year. Your records must include the amount you claimed as a deduction in any earlier years for
contributions of other
interests in this property. They must also include the name and address of each organization to which you contributed the
other interests, the place
where any such tangible property is located or kept, and the name of any person in possession of the property, other than
the organization to which
you contributed.
-
The terms of any conditions attached to the gift of property.
Deductions of At Least $250
But Not More Than $500
If you claim a deduction of at least $250 but not more than $500 for a noncash charitable contribution, you must get and keep
an acknowledgment of
your contribution from the qualified organization. If you made more than one contribution of $250 or more, you must have either
a separate
acknowledgment for each or one acknowledgment that shows your total contribution.
The acknowledgment must contain the information in items (1) through (3) listed under Deductions of Less Than $250, earlier, and your
written records must include the information listed in that discussion under Additional records.
The acknowledgment must also meet these tests.
-
It must be written.
-
It must include:
-
A description (but not necessarily the value) of any property you contributed,
-
Whether the qualified organization gave you any goods or services as a result of your contribution (other than certain token
items and
membership benefits), and
-
A description and good faith estimate of the value of any goods or services described in (b). If the only benefit you received
was an
intangible religious benefit (such as admission to a religious ceremony) that generally is not sold in a commercial transaction
outside the donative
context, the acknowledgment must say so and does not need to describe or estimate the value of the benefit.
-
You must get it on or before the earlier of:
-
The date you file your return for the year you make the contribution, or
-
The due date, including extensions, for filing the return.
Deductions Over $500
You are required to give additional information if you claim a deduction over $500 for noncash charitable contributions. See
Records To Keep
in Publication 526 for more information.
Qualified Conservation Contribution
If the gift was a qualified conservation contribution, your records must also include the fair market value of the underlying
property before and
after the gift and the conservation purpose furthered by the gift. See Qualified conservation contribution in Publication 561 for more
information.
How To Report
Enter your cash contributions (including out-of-pocket expenses) on line 15, Schedule A (Form 1040).
Enter your noncash contributions on line 16 of Schedule A (Form 1040).
If your total deduction for all noncash contributions for the year is over $500, you must also file Form 8283. See How To Report
in Publication 526 for more information.
Publications Index | 2003 Tax Help Archives | Tax Help Archives | Home
|