Americans have long responded generously to people in need.
Witness the torrent of checks to the victims of recent hurricanes
and earthquakes. But while such acts remind us of the generosity
of Americans, they also serve as reminders about the financial
side of charity, including:
- The proliferation of charitable organizations formed
to complement the American Red Cross, Salvation Army and
other charities in receiving public contributions and in
distributing aid to those who find themselves in need of
food, clothing, shelter and medical care.
- The urgent need to be cautious about which organization
to give money to in case you know nothing about the one
that is soliciting your contribution. If you don't
have time to check it out, it would be better to stick
with organizations with which you are familiar.
- The notion that, if you itemize deductions on your income
tax returns, you can make tax-deductible charitable contributions
that could reduce your taxable 2005 income and, thus, what
you will owe on April 15. The Katrina Emergency Tax Relief
Act (KETRA) allows unlimited gifts to charity up to a donor's
total income until the end of 2005Ðand for individuals
the gifts do not have to be for hurricane relief efforts.
- The emergence of new vehicles which may make it easier
for large donors to make contributions in accordance with
Internal Revenue Service regulations.
It may be useful, thereforeÐwhile hurricane, forest
fire, mudslide and earthquake victims are on your TV screenÐto
review a few pointers about today's individual philanthropy
as seen through the eyes of the IRS.
While the IRS does not address all acts of generosityÐsuch
as gifts made directly to individualsÐit does address
the majority of appeals for help which you are likely to
receive or hear about from organizations to which contributions do qualify.
You get the idea in a definition on the cover page of the
IRS' essential 19-page Publication 526, Charitable
Contributions: "A charitable contribution is
a donation or 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." That
publication, which can be found at the IRS' Web site
(www.irs.gov), also notes
that such organizations "include nonprofit groups that
are religious, charitable, educational, scientific or literary
in purpose, or that work to prevent cruelty to children or
animals."
Descriptions of such groups as well as examples of both
organizations that are not qualified (such as labor unions
and chambers of commerce) and contributions from which you
may benefit (such
as country club dues and university tuition) are in the IRS' booklet.
Be sure to ask whether the entity to which you are making
a charitable contribution is a qualified organization or
not.
Given the consequences of hurricanes Katrina and Rita, one
IRS reminder is especially timely: "You can deduct
contributions earmarked for flood relief, hurricane relief,
or other disaster relief to a qualified organization (but
not) contributions earmarked for…a particular individual
or family."
If you have given used clothing or household goods to flood
victims or other needyÐor plan to by December 31Ðyou
may claim deductions if they went to qualified organizations.
Knowing how much you may deduct per item is tricky. The
IRS requires that deductions be at fair market value, for
which it gives a textbook definitionÐ"the price
at which property would change hands between a willing buyer
and a willing seller, neither having to buy or sell, and
both having reasonable knowledge of all the relevant facts"Ðwhich
is easier to articulate than to implement. (Publication 526
offers a few helpful suggestions.) To ensure
compliance, the IRS warns that donors may be liable for penalties
if they overstate the value of donated property.
Knowing how much you may deduct in total can also be tricky
unless your contributions constitute no more than 20 percent
of your adjusted gross income. If they exceed 20 percent,
you need to wrestle with an IRS worksheet to determine your
limit.
If you know that you will be able to contribute a five-figure
total, which you are not yet prepared to allocate among qualified
organizations, you may wish to consider a donor-advised fund.
Donor-advised funds offer you immediate tax benefits and
flexibility in the timing of your actual distributions to
charities. You open an account with an irrevocable contribution
of, say, $10,000 in cash, marketable securities, and/or mutual
fund shares; tell the firm how the money should be invested
among several investment pools for growth and/or income,
and report your contribution on your 2005 tax return. When
ready this year or next, you tell the donor-advised fund
firm which organizations should get how much and the firm
handles the grants for you.
If your contributions are on a very large scale and you
can absorb the costs of its organization and operations,
you could establish a tax-exempt private foundation for your
charitable contributions under Section 501(c)(3) of the Internal
Revenue Code, which you would fund with deductible contributions.
No matter your decision, it pays to do a little research beforehand
to make sure that your contribution goes as far as it can to
help those it's intended for.