Charitable Contributions and the “Pension Protection Act of 2006”
By Jean DeKraker, CPA

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Charitable contributions have been affected by new tax law and may signal a new area that will be heavily audited by the IRS. Here’s what you need to know:

Jean DeKraker, CPA, PCUnder the new law, you will not be allowed take a deduction for any contribution of cash, check, or other monetary gifts to a charity or organization unless you:
  • keep a bank record supporting the donation, (for example a cancelled check), or
  • obtain a written communication from the recipient charity that meets specified requirements.

Therefore, no cash donations without a receipt can be deducted. This is in effect for donations after August 17, 2006.

What’s changed?

Prior to the new law, you were required to provide substantiation only for cash contributions of $250 or more, and this remains in effect. The change affects, however, cash donations under the $250 threshold. Simply put, the new rule includes such cash donations as those made on church collection plates or coins dropped in Salvation Army buckets. Without charity-provided substantiation, such donations will not be allowed.

Another important change affects donated clothing and other items. Effective for donations after August 17, 2006, no deductions will be allowed for contributions of clothing and household items that are not in “good used condition or better.” Congress also gave the IRS authority to issue rules stating that deductions would be denied for items of “minimal monetary value, such as used socks…” For purposes of this new rule, “household items” includes furniture, electronics, appliances and linens. A favorable exception allows write-offs for single items that are not in “good” condition or better if they are appraised at more than $500.


Jean DeKraker, CPA, PCTax-free distributions from IRAs for charitable purposes: If you are 70.5 years and older, consider making a tax-free distribution from your IRA to a qualified charity. This is available through 12/31/07 with an annual cap of $100,000.


If you would like to read the Pension Protection Act and it's resulting changes in detail, click on the below links. Each link brings up an Adobe Acrobat PDF file, which can also be downloaded to your computer.


   

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