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Tax Time Thoughts on Giving Opportunities

Written By: Attorney Jeffrey A. Marshall CELA* 

Originally published in the First Community Foundation's Newsletter (March 2006)

Tax filing season is here again.  This is a time of year when many of us are thinking about tax deductions (and wishing we had more of them). It is a particularly appropriate time to start thinking about and planning our charitable deductions for next year.

Most likely you are already making gifts to one or more of your favorite charities. Gifts to charity provide an opportunity for you to receive valuable income and death tax deductions.   


Of course, tax deductions are not the foremost reason people make charitable gifts. We give for spiritual reasons, and to help others in need, to create a better place to live, a stronger community, a better world. But tax deductions can help us afford to give more.  We can maximize our gifts by taking full advantage of the tax benefits that are available to us as a result of generosity.

If you itemize and intend to seek a charitable deduction next year, here are a few ideas to keep in mind.

        To be deductible, your contribution must go to a qualified charity.  For a searchable list of qualified charities, visit the IRS website at http://apps.irs.gov/app/pub78. Remember that churches, synagogues, mosques and temples, are not required to apply to the IRS to be qualified as charities, so you can deduct your contributions to such organizations even though they do not appear on the IRS list.

        Make cash donations via check or credit card, so that you have a good record of your contribution.

        Additional documentation may be required for some donations. Contributions in excess of $250 require a letter from the charity acknowledging the gift and confirming that it wasn't made in exchange for something valuable.  If you're making a donation of $75 or more and do  receive something of value from the charity, such as a meal, obtain a letter indicating how much you donated and the value of what you received in return. You will only be able to deduct the difference between the amount of your gift and what you received in return. If you're donating property worth more than $5,000, you need to have it appraised.

        If you own a stock or mutual fund that has increased in value, think about donating some of it instead of cash.  The gift of appreciated stock generally offers a twofold tax savings: (1) you avoid paying capital gains tax that you would pay if you sold the stock and, (2) you can deduct the full fair market value of the stock at the time of the gift.  (If you own a stock that has declined in value, it generally makes more sense to sell it and give the proceeds to the charity.)

        Keep a journal of out-of-pocket expenses for charitable work such as: mileage, parking fees, tolls, bus or taxi fares. Record the name of the charity, the date of the expense and the amount.

        Make sure that you retain the receipts and other required documentation related to your charitable contributions for at least three years.

        Charitable gifts can be made in creative ways that can also help you maintain your financial security and reach your financial goals, such as providing steady retirement income.  Talk with the charity, your lawyer and accountant about charitable annuities and trusts that can supply you with income for the rest of your life and provide a tax deduction.

        Think outside the box.  The are many ways to contribute other than cash and stocks. Gifts can be made of life insurance, collectibles, through IRA beneficiary designations, and remainder interests in your residence or farm.

        Remember charities in your will.  Charitable bequests will not be subject to Pennsylvania inheritance tax or Federal estate tax.  But, better yet, don’t wait.  If you make a charitable gift during your lifetime, you can reduce death taxes AND you can get an income tax deduction as well. 

        Make sure the charity is legitimate and worthy of your contribution.  How much of the charity’s funds go to its charitable purpose as opposed to executive salaries, fund raising, and other administrative expenses? This may require you to do some research.  Fortunately, a number of organizations rate charities use of donated funds.  Visit the Charity Navigator website  http://www.charitynavigator.org/http://www.charitynavigator.org.which is free. Or check with the American Institute of Philanthropy (773)-529-2300 or http://www.charitywatch.org/ 

        Finally, be wary of phone solicitations. Never give personal information to organizations you don't know—especially over the phone.

Jeff Marshall is Certified as an Elder Law Attorney by the National Elder Law Foundation and is the author of Elder Law in Pennsylvania. He is the managing attorney of the Elder Law Firm of Marshall & Associates with offices in Jersey Shore , Williamsport and Wilkes-Barre . He can be contacted at webmail@paelderlaw.com.

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