| Charitable Giving Substantiation Update Major changes in the tax rules affect the amount you can deduct for
contributions you make to your college, religious organization, or other non-profit or
charitable group. You used to be able to deduct contributions made in cash or by check
without having any special verification from the charity that you made the contribution. A
cancelled check, receipt, or other reliable written record showing the name of the
organization, the date, and the amount you gave would be enough to back up the deduction.
For most smaller contributions that's still the case. Now,
however, you can't claim a deduction on your return for any contribution of $250 or more
unless your gift is substantiated by a written acknowledgement from the charity. Your
cancelled check alone won't be enough.
Your gifts to an organization during any year aren't
aggregated to meet the $250 threshold. If you write a $200 check this month and another
later in the year, for example, you won't need the special acknowledgement even though
your total contribution exceeds the $250 limit. But don't try to avoid the new
requirements by writing separate checks to the same organization on the same day, or over
a very short time period--it might trigger IRS anti-abuse powers.
You are expected to get the acknowledgment by the time you
file your return for the contribution year. If you don't have it by April 15, a filing
extension can give you a little extra time to receive the acknowledgement. In the event
that you file your return late, you can claim a deduction only if you can prove you had
the written acknowledgement in hand by the filing deadline, including any filing
extension.
Here's what you need from charitable organizations to claim
your deductions:
- If your contribution is an outright donation of $250 of more
made in cash or by check, the organization must indicate the amount that you gave, and
state that you received nothing in return.
- If your contribution is an outright donation of $250 or more
of property, or cash and property, the organization must describe the property and state
that you received nothing in return. It doesn't have to put a value on the property it
received.
NOTE: The IRS has promised to set up procedures allowing
the charity to report directly to the IRS for you. But since procedures for doing this
haven't been established and there is no timetable yet, it's safer for you to get the
acknowledgements directly from the organization.
- If you received goods or services in return for your $250 or
more contribution, the acknowledgement you get from the charity generally also must give a
description and good faith estimate of the value of those goods and services.
However, certain types of customary membership benefits
offered for a membership costing $75 or less per year are ignored. These benefits include
discounts on parking and gift shop items. Token benefits are also disregarded. Generally,
a benefit worth no more that $6.70 is considered insubstantial. And if you make large
contributions, you can receive back something worth as much as 2 percent of your
contribution up to a maximum of $67. Importantly, these items are not just disregarded for
the special proof or substantiation rules. That is, you won't have to subtract the value
of disregarded items from your gift in arriving at you deduction.
Special rules apply to contributions made to an
organization by payroll deduction. You won't have to worry about getting any special
acknowledgement from the organization, unless you have $250 or more withheld from any
single paycheck. And, even in that case, you will be able to substantiate your
contribution with pay stubs, your W-2 form, or any other document from your employer
showing the amount withheld, and a pledge card or other document stating that the charity
didn't give you goods or services in exchange. It's even OK for the employer to prepare
the pledge card under the direction of the charity.
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