Editor’s Note: The OBBB created a new charitable deduction for taxpayers who do not itemize deductions. Taxpayers who do not itemize deductions can claim an above-the-line deduction charitable contributions of up to $1,000 ($2,000 for joint returns). Taxpayers who do itemize will only be entitled to deduct contributions to the extent they exceed 0.5% of the taxpayer’s AGI (that disallowed portion may be carried forward if the taxpayer has other charitable contribution carryforwards for the tax year). For corporations, the deduction is allowed only to the extent that it exceeds 1.0% of the corporation’s taxable income.
An individual who itemizes may take a deduction for certain contributions “to” or “for the use of” charitable organizations. The amount that may be deducted by an individual in any one year is subject to the income percentage limitations as explained in Q
740.The value that may be taken into account for various gifts of property depends on the type of property and the type of charity to which it is contributed. These rules are explained in Q
741 to Q
743.
For an explanation of the deduction for charitable gifts of life insurance, see Q
120.
In the case of a gift of S corporation stock, special rules (similar to those relating to the treatment of unrealized receivables and inventory items under IRC Section 751) apply in determining whether gain on such stock is long-term capital gain for purposes of determining the amount of a charitable contribution.
1 A contribution of a partial interest in property is deductible only if the donee receives an undivided portion of the donor’s entire interest in the property. Such a contribution was upheld even where the donee did not take possession of the property during the tax year.
2 Generally, a deduction is denied for the mere use of property or for any interest which is less than the donor’s entire interest in the property, unless the deduction would have been allowable if the transfer had been in trust.
1. IRC § 170(e)(1).
2.
Winokur v. Commissioner, 90 TC 733 (1988), acq. 1989-1 CB 1.