Premium Essay

Charitable Contributions

In:

Submitted By AmyCardillo
Words 935
Pages 4
Issue:
How to plan with charitable deductions to public charities, private operating foundations and private non-operating foundations. For this issue, the focus will be on charitable contributions and deductions of individuals.
Definitions:
Public charities: All organizations, foreign and domestic, described in IRC 501(c)(3) are private foundations except the types of organizations set forth in IRC 509(a)(1), (2), (3), or (4). Some examples of the exceptions that would qualify as public charities, as defined in 509(a)(1) and IRC 170(b)(1)(A)(i)-(v) are: churches, educational organizations, and hospitals.

Private operating foundations, as best discerned from IRC 170, are foundations whose income or assets are used for operations that directly benefit the public, rather than for grant making. Some examples would be zoos, museums and libraries.

Private non-operating foundations are foundations whose income or assets are disbursed to other, charitable organizations. Some examples are foundations that support cancer research.

For this topic: Contribution base means adjusted gross income (AGI).

For this topic: Capital gain property is defined as any capital asset that, if sold, would result in a long-term capital gain. Additionally, any property that is used in the trade or business should be treated as a capital asset.
Analysis:
IRC 170(a)(1) states: There shall be allowed as a deduction any charitable contribution…which is made within the taxable year. In general, an income tax deduction is subject to limitations, depending on the type of taxpayer, what was donated, and the donee organization.
IRC 170(b)(1)(A) Charities - Public Charities, Private Operating Foundations and Some Governmental Units
In general, aggregate contributions by an individual of property other than appreciated capital gain property to a public charity or

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