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| Be sure that a contribution to any organization really is tax deductible for any person who files a USA tax return! For any organization that claims to be tax-deductible for USA citizens on USA tax returns, that organization must follow these rules established by the USA IRS. You may verify an organization's tax-exempt status and eligibility to receive tax-deductible charitable contributions by asking to see an organization's IRS letter recognizing it as tax-exempt. You may also confirm an organization's status by calling the IRS (toll-free) at 1-877-829-5500. Information extracted from IRS Publ. 17 – Your Income Tax (general booklet): Contributions Reminder
– you (the contributor) can deduct contributions . . .to a qualified organization (defined
below
under “Organizations that Qualify to receive Deductible Contributions”) ORGANIZATIONS THAT QUALIFY TO RECEIVE DEDUCTIBLE CONTRIBUTIONS. You can deduct your contributions only if you make them to a qualified organization. To become a qualified organization, the organization must apply for that status to the IRS. Organizations must have received a letter from IRS which confirms the issuance of such status and which any contributor may ask to see to confirm this qualified status. Additionally,
Publ. 17, goes on to say: Written
acknowledgment required. You can claim a deduction for a contribution of $250 or
more only if you have a written acknowledgment of your contribution from the
qualified organization.... Payment partly for goods or services. A qualified organization must give you a written statement if you make a payment that is more than $75 and is partly a contribution and partly for goods or services. The statement must tell you that you can deduct only the amount of your payment that is more than the value of the goods or services that you received. It must also give you a good faith estimate of the value of those goods or services. Additionally,
Publ 17, goes on to say the following funds paid to any qualified organization
are NOT DEDUCTIBLE as charitable contributions::
Information
extracted from IRS's more comprehensive booklet Publ. 526 Charitable
Deductions: INTRODUCTION: A
charitable contribution is a gift to, or for the use of, a qualified
organization. It is
voluntary and is made without getting, or expecting to get, anything of equal
value. Qualified organizations.
Qualified
organizations include nonprofit groups that are religious, charitable,
educational, scientific, or literary in purpose, or that work to prevent cruelty
to children or animals. You will find descriptions of these organizations under Organizations
That Qualify To Receive Deductible Contributions
above Mexican
charities. You may be able to deduct contributions
to certain Mexican charities under an income tax treaty with Mexico.
The Mexican organization must meet tests that are essentially the same as
the tests that qualify USA
organizations to receive deductible contributions.
If the organization can not supply you with its qualifications and status, you can write to IRS, International
Returns Section, POBox 920, Bensalem, PA 19020–8518. To
deduct your contribution to a Mexican charity, you must have income from sources
in Mexico. Charitable Benefit Events.
If you pay a qualified organization more than fair market value for the
right to attend any charitable ball, banquet, show, sporting event, or any
other benefit event, you can deduct only the amount that is more than the
value of the privileges or benefits you receive. Information
extracted from IRS's Publ. 557 – Tax Exempt Organizations (which ALSO discusses Form 1023 and its
requirements for tax-exempt status)
Information
Provided to Donors A
charitable organization must give a donor a disclosure statement for a quid pro
quo contribution over $75. A donor cannot deduct a charitable contribution of
$250 or more unless the donor has a written acknowledgement from the charitable
organization. In certain
circumstances, an organization may be able to meet both of these requirements Penalties.
The penalty for failure to allow
public inspection of the organization's annual tax returns is $20 for each day the failure continues.
The maximum penalty on all persons
for failures involving any one return is $10,000 Information
extracted from IRS's Publ. 1828 – churches, etc. ..All
USA
tax-exempt organizations must have an EIN (employer ID #) even if they have no
employees ..In order to be eligible to state that contributions to it are USA tax-deductible, each organization must apply to IRS using Form 1023. This form 1023 plus the IRS subsequent notification (known as the IRS determination letter) of approved status must be made available, upon request, to anyone who makes such a request. Failure to provide such information makes the organization subject to a IRS fine. ..All
such organizations must maintain normal records, including normal written
minutes and other legal documents as well as normal bookkeeping records and
resultant reports. Charitable
Contributions— Substantiation
and Disclosure Rules There
are two general rules that a church or religious organization needs to be aware
of to meet substantiation ■ A
donor is responsible for obtaining a written acknowledgment from a charity for
any single contribution of $250 or more before the donor can claim a charitable
contribution on his or her federal income tax return. ■ A
charitable organization is required to provide a written disclosure to a donor
who receives goods or services in exchange for a single payment in excess of
$75. Substantiation
Rules A
donor cannot claim a tax deduction for any single contribution of $250 or more
unless the donor obtains a contemporaneous, written acknowledgment of the
contribution from the recipient church or religious organization. A church or
religious organization that does not acknowledge a contribution incurs no
penalty; but without a written acknowledgment, the donor cannot claim a tax
deduction. Although it is a donor’s responsibility to obtain a written
acknowledgment, a church or religious ■ name
of the church or religious organization, ■ date
of the contribution, ■ amount
of any cash contribution, and ■ description
(but not the value) of non-cash contributions. In addition, the timely, written
statement must contain one of the following: ■ statement
that no goods or services were provided by the church or religious organization
in return for the contribution, ■ statement
that goods or services that a church or religious organization provided in
return for the contribution consisted entirely of intangible religious benefits,
or ■ description
and good faith estimate of the value of goods or services other than intangible
religious benefits that the church or religious organization provided in return
for the contribution. The church or religious organization may either provide
separate acknowledgments for each single contribution of $250 or more or one
acknowledgment to substantiate several single contributions
of $250 or more. Separate contributions are not aggregated for purposes of
measuring the $250 threshold. Disclosure
Rules that Apply to Quid Pro Quo Contributions A contribution made by a donor in exchange for goods or services is known as a quid pro quo contribution. A donor may only take a contribution deduction to the extent that his or her contribution exceeds the fair market value of the goods and services the donor receives in return for the contribution. Therefore, donors need to know the value of the goods or services. A church or religious organization must provide a written statement to a donor who makes a payment exceeding $75 partly as a contribution and partly for goods and services provided by the organization. The latest (dated 8/23/2010) information directly from IRS is printed below: Charitable Contributions The IRS has put together the following 10 tips to help ensure your contributions pay off on your tax return.
For more information see IRS Publication 526, Charitable Contributions, and for information on determining value, refer to Publication 561, Determining the Value of Donated Property. These publications are available at IRS.gov or by calling 800-TAX-FORM (800-829-3676).
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