I.R.C. § 170(a) Allowance Of Deduction
I.R.C. § 170(a)(1) General Rule —
There shall be allowed as a deduction any charitable contribution (as defined in
subsection (c))
payment of which is made within the taxable year. A charitable contribution shall
be allowable as a deduction only if verified under regulations prescribed by the
Secretary.
I.R.C. § 170(a)(2) Corporations On Accrual Basis —
In the case of a corporation reporting its taxable income on the accrual basis,
if—
I.R.C. § 170(a)(2)(A) —
the board of directors authorizes a charitable contribution during any taxable year,
and
I.R.C. § 170(a)(2)(B) —
payment of such contribution is made after the close of such taxable year and on
or before the 15th day of the fourth month following the close of such taxable year,
then the taxpayer may elect to treat such contribution as paid during such taxable
year. The election may be made only at the time of the filing of the return for such
taxable year, and shall be signified in such manner as the Secretary shall by regulations
prescribe.
I.R.C. § 170(a)(3) Future Interests In Tangible Personal Property —
For purposes of this section, payment of a charitable contribution which consists
of a future interest in tangible personal property shall be treated as made only
when all intervening interests in, and rights to the actual possession or enjoyment
of, the property have expired or are held by persons other than the taxpayer or those
standing in a relationship to the taxpayer described in section 267(b) or 707(b). For purposes of the
preceding sentence, a fixture which is intended to be severed from the real property
shall be treated as tangible personal property.
I.R.C. § 170(b) Percentage Limitations
I.R.C. § 170(b)(1) Individuals —
In the case of an individual, the deduction provided in subsection (a) shall
be limited as provided in the succeeding subparagraphs.
I.R.C. § 170(b)(1)(A) General Rule —
Any charitable contribution to—
I.R.C. § 170(b)(1)(A)(i) —
a church or a convention or association of churches,
I.R.C. § 170(b)(1)(A)(ii) —
an educational organization which normally maintains a regular faculty and curriculum
and normally has a regularly enrolled body of pupils or students in attendance at
the place where its educational activities are regularly carried on,
I.R.C. § 170(b)(1)(A)(iii) —
an organization the principal purpose or functions of which are the providing of
medical or hospital care or medical education or medical research, if the organization
is a hospital, or if the organization is a medical research organization directly
engaged in the continuous active conduct of medical research in conjunction with
a hospital, and during the calendar year in which the contribution is made such organization
is committed to spend such contributions for such research before January 1 of the
fifth
calendar year which begins after the date such contribution is made,
I.R.C. § 170(b)(1)(A)(iv) —
an organization which normally receives a substantial part of its support (exclusive
of income received in the exercise or performance by such organization of its charitable,
educational, or other purpose or function constituting the basis for its exemption
under section 501(a))
from the United States or any State or political subdivision thereof or from direct
or indirect contributions from the general public, and which is organized and operated
exclusively to receive, hold, invest, and administer property and to make expenditures
to or for the benefit of a college or university which is an organization referred
to in clause (ii) of this subparagraph and which is an agency or instrumentality of a State or political
subdivision thereof, or which is owned or operated by a State or political subdivision
thereof or by an agency or instrumentality of one or more States or political subdivisions,
I.R.C. § 170(b)(1)(A)(v) —
a governmental unit referred to in subsection (c)(1),
I.R.C. § 170(b)(1)(A)(vi) —
an organization referred to in subsection (c)(2) which normally receives a
substantial part of its support (exclusive of income received in the exercise or
performance by such organization of its charitable,
educational, or other purpose or function constituting the basis for its exemption
under section 501(a))
from a governmental unit referred to in subsection (c)(1) or from direct or indirect contributions from the general public,
I.R.C. § 170(b)(1)(A)(vii) —
a private foundation described in subparagraph (F),
I.R.C. § 170(b)(1)(A)(ix) —
an agricultural research organization directly engaged in the continuous active conduct
of agricultural research (as defined in section 1404 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977) in conjunction with a land-grant
college or university (as defined in such section)
or a non-land grant college of agriculture (as defined in such section), and during
the calendar year in which the contribution is made such organization is committed
to spend such contribution for such research before January 1 of the fifth calendar
year which begins after the date such contribution is made,
shall be allowed to the extent that the aggregate of such contributions does not
exceed 50 percent of the taxpayer's contribution base for the taxable year.
I.R.C. § 170(b)(1)(B) Other Contributions —
Any charitable contribution other than a charitable contribution to which subparagraph
(A) applies shall be allowed to the extent that the aggregate of such contributions
does not exceed the lesser of—
I.R.C. § 170(b)(1)(B)(i) —
30 percent of the taxpayer's contribution base for the taxable year, or
I.R.C. § 170(b)(1)(B)(ii) —
the excess of 50 percent of the taxpayer's contribution base for the taxable year
over the amount of charitable contributions allowable under subparagraph (A) (determined without regard to subparagraph (C)).
If the aggregate of such contributions exceeds the
limitation of the preceding sentence, such excess shall be treated
(in a manner consistent with the rules of subsection (d)(1)) as a charitable contribution
(to which subparagraph (A) does not apply) in each of the 5 succeeding taxable years in order of time.
I.R.C. § 170(b)(1)(C) Special Limitation With Respect To Contributions Described In Subparagraph (A) Of
Certain Capital Gain Property
I.R.C. § 170(b)(1)(C)(i) —
In the case of charitable contributions described in subparagraph (A) of
capital gain property to which subsection (e)(1)(B) does not apply, the
total amount of contributions of such property which may be taken into account under
subsection (a) for any taxable year shall not exceed 30 percent of the taxpayer's contribution
base for such year. For purposes of this subsection, contributions of capital gain
property to which this subparagraph applies shall be taken into account after all
other charitable contributions (other than charitable contributions to which subparagraph
(D) applies).
I.R.C. § 170(b)(1)(C)(ii) —
If charitable contributions described in subparagraph (A) of capital gain property to which clause (i) applies exceeds 30 percent of the taxpayer's contribution base for any taxable year,
such excess shall be treated, in a manner consistent with the rules of subsection
(d)(1), as a charitable contribution of capital gain property to which clause (i) applies in each of the 5 succeeding taxable years in order of time.
I.R.C. § 170(b)(1)(C)(iii) —
At the election of the taxpayer (made at such time and in such manner as the Secretary
prescribes by regulations), subsection (e)(1) shall apply to all contributions of capital gain property (to which subsection (e)(1)(B) does not otherwise apply) made by the taxpayer during the taxable year. If such
an election is made, clauses (i) and (ii) shall not apply to contributions
of capital gain property made during the taxable year, and, in applying
subsection (d)(1) for such taxable year with respect to contributions of capital gain property made
in any prior contribution year for which an election was not made under this clause,
such contributions shall be reduced as if subsection (e)(1) had applied to such contributions in the year in which made.
I.R.C. § 170(b)(1)(C)(iv) —
For purposes of this paragraph, the term “capital gain property” means,
with respect to any contribution, any capital asset the sale of which at its fair
market value at the time of the contribution would have resulted in gain which would
have been long-term capital gain. For purposes of the preceding sentence, any property
which is property used in the trade or business (as defined in section 1231(b))
shall be treated as a capital asset.
I.R.C. § 170(b)(1)(D) Special Limitation With Respect To Contributions Of Capital Gain Property To Organizations
Not Described In Subparagraph (A)
I.R.C. § 170(b)(1)(D)(i) In General —
In the case of charitable contributions (other than charitable contributions to
which subparagraph (A) applies) of capital gain property, the total amount of such contributions of such
property taken into account under subsection (a) for any taxable year shall not exceed the lesser of—
I.R.C. § 170(b)(1)(D)(i)(I) —
20 percent of the taxpayer's contribution base for the taxable year, or
I.R.C. § 170(b)(1)(D)(i)(II) —
the excess of 30 percent of the taxpayer's contribution base for the taxable year
over the amount of the contributions of capital gain property to which subparagraph
(C) applies.
For purposes of this subsection, contributions of capital gain property to which
this subparagraph applies shall be taken into account after all other charitable
contributions.
I.R.C. § 170(b)(1)(D)(ii) Carryover —
If the aggregate amount of contributions described in clause (i) exceeds the limitation of clause (i), such excess shall be treated (in a manner consistent with the rules of subsection
(d)(1))
as a charitable contribution of capital gain property to which clause (i) applies in each of the 5 succeeding taxable years in order of time.
I.R.C. § 170(b)(1)(E) Contributions Of Qualified Conservation Contributions
I.R.C. § 170(b)(1)(E)(i) In General —
Any qualified conservation contribution (as defined in subsection (h)(1))
shall be allowed to the extent the aggregate of such contributions does not exceed
the excess of 50 percent of the taxpayer's contribution base over the amount of all
other charitable contributions allowable under this paragraph.
I.R.C. § 170(b)(1)(E)(ii) Carryover —
If the aggregate amount of contributions described in clause (i) exceeds the limitation of clause (i), such excess shall be treated (in a manner consistent with the rules of subsection
(d)(1))
as a charitable contribution to which clause (i) applies in each of the
15 succeeding years in order of time.
I.R.C. § 170(b)(1)(E)(iii) Coordination With Other Subparagraphs —
For purposes of applying this subsection and subsection (d)(1), contributions described in clause (i) shall not be treated as described in subparagraph (A), (B), (C), or (D) and such subparagraphs shall apply without regard to such contributions.
I.R.C. § 170(b)(1)(E)(iv) Special Rule For Contribution Of Property Used In Agriculture Or Livestock Production
I.R.C. § 170(b)(1)(E)(iv)(I) In General —
If the individual is a qualified farmer or rancher
for the taxable year for which the contribution is made, clause (i) shall be applied by substituting
“100 percent” for “50 percent”.
I.R.C. § 170(b)(1)(E)(iv)(II) Exception —
Subclause (I) shall not apply to any contribution of property made after the date of the enactment
of this subparagraph which is used in agriculture or livestock production (or available
for such production) unless such contribution is subject to a restriction that such
property remain available for such production. This subparagraph shall be applied
separately with respect to property to which subclause (I) does not apply by reason of the preceding sentence prior to its application to property
to which subclause (I) does
apply.
I.R.C. § 170(b)(1)(E)(v) Definition —
For purposes of clause (iv), the term “qualified farmer or rancher” means a taxpayer whose gross
income from the trade or business of farming (within the meaning of section 2032A(e)(5)) is greater
than 50 percent of the taxpayer's gross income for the taxable year.
I.R.C. § 170(b)(1)(F) Certain Private Foundations —
The private foundations referred to in subparagraph (A)(vii) and subsection
(e)(1)(B) are—
I.R.C. § 170(b)(1)(F)(i) —
a private operating foundation (as defined in section 4942(j)(3)),
I.R.C. § 170(b)(1)(F)(ii) —
any other private foundation (as defined in section 509(a))
which, not later than the 15th day of the third month after the close of the foundation's
taxable year in which contributions are received, makes qualifying distributions
(as defined in section 4942(g), without regard to paragraph (3) thereof), which are treated, after the application of section 4942(g)(3), as distributions out of corpus (in accordance with section 4942(h)) in an amount equal to 100 percent of such contributions, and with respect to which
the taxpayer obtains adequate records or other sufficient evidence from the foundation
showing that the foundation made such qualifying distributions, and
I.R.C. § 170(b)(1)(F)(iii) —
a private foundation all of the contributions to which are pooled in a common fund
and which would be described in section 509(a)(3) but for the right of any substantial contributor (hereafter in this clause called
“donor”) or his spouse to designate annually the recipients, from among
organizations described in paragraph (1) of section 509(a), of the income attributable to the donor's contribution to the fund and to direct
(by deed or by will) the payment, to an organization described in such paragraph
(1), of the corpus in the common fund attributable to the donor's contribution; but
this clause shall apply only if all of the income of the common fund is required
to be (and is) distributed to one or more organizations described in such paragraph
(1) not later than the 15th day of the third month after the close of the taxable year
in which the income is realized by the fund and only if all of the corpus attributable
to any donor's contribution to the fund is required to be (and is) distributed to
one or more of such organizations not later than one year after his death or after
the death of his surviving spouse if she has the right to designate the recipients
of such corpus.
I.R.C. § 170(b)(1)(G) Increased Limitation For Cash Contributions
I.R.C. § 170(b)(1)(G)(i) In General —
In the case of any contribution of cash to an organization described in subparagraph
(A), the total amount of such contributions which may be taken into account under
subsection (a) for any taxable year beginning after December 31, 2017, and before
January 1, 2026, shall not exceed 60 percent of the taxpayer's contribution base for
such year.
I.R.C. § 170(b)(1)(G)(ii) Carryover —
If the aggregate amount of contributions described in clause (i) exceeds the applicable
limitation under clause (i) for any taxable year described in such clause, such excess
shall be treated
(in a manner consistent with the rules of subsection (d)(1)) as a charitable contribution
to which clause (i) applies in each of the 5 succeeding years in order of time.
I.R.C. § 170(b)(1)(G)(iii) Coordination With Subparagraphs (A) And (B)—
I.R.C. § 170(b)(1)(G)(iii)(I) In General —
Contributions taken into account under this subparagraph shall not be taken into account
under subparagraph (A).
I.R.C. § 170(b)(1)(G)(iii)(II) Limitation Reduction —
For each taxable year described in clause (i), and each taxable year to which any
contribution under this subparagraph is carried over under clause (ii), subparagraph
(A) shall be applied by reducing (but not below zero) the contribution limitation
allowed for the taxable year under such subparagraph by the aggregate contributions
allowed under this subparagraph for such taxable year, and subparagraph
(B) shall be applied by treating any reference to subparagraph (A)
as a reference to both subparagraph (A) and this subparagraph.
I.R.C. § 170(b)(1)(H) Contribution Base Defined —
For purposes of this section, the term “contribution base” means adjusted
gross income (computed without regard to any net operating loss carryback to the
taxable year under section 172).
I.R.C. § 170(b)(2) Corporations —
In the case of a corporation—
I.R.C. § 170(b)(2)(A) In General —
The total deductions under subsection (a) for any taxable year (other than for contributions to which subparagraph (B) or (C) applies) shall not exceed 10 percent of the taxpayer's taxable income.
I.R.C. § 170(b)(2)(B) Qualified Conservation Contributions By Certain Corporate Farmers And Ranchers
I.R.C. § 170(b)(2)(B)(i) In General —
Any qualified conservation contribution (as defined in subsection (h)(1))—
I.R.C. § 170(b)(2)(B)(i)(I) —
which is made by a corporation which, for the taxable year during which the contribution
is made, is a qualified farmer or rancher (as defined in paragraph (1)(E)(v)) and
the stock of which is not readily tradable on an established securities market at
any time during such year, and
I.R.C. § 170(b)(2)(B)(i)(II) —
which, in the case of contributions made after the date of the enactment of this subparagraph,
is a contribution of property which is used in agriculture or livestock production
(or available for such production) and which is subject to a restriction that such
property remain available for such production,
shall be allowed to the extent the
aggregate of such contributions does not exceed the excess of the
taxpayer's taxable income over the amount of charitable contributions allowable under
subparagraph (A).
I.R.C. § 170(b)(2)(B)(ii) Carryover —
If the aggregate amount of contributions described in clause (i) exceeds the limitation of clause (i), such excess shall be treated (in a manner consistent with the rules of subsection
(d)(2))
as a charitable contribution to which clause (i) applies in each of the
15 succeeding taxable years in order of time.
I.R.C. § 170(b)(2)(C) Qualified Conservation Contributions By Certain Native Corporations
I.R.C. § 170(b)(2)(C)(i) In General —
Any qualified conservation contribution (as defined in subsection (h)(1)) which—
I.R.C. § 170(b)(2)(C)(i)(I) —
is made by a Native Corporation, and
I.R.C. § 170(b)(2)(C)(i)(II) —
is a contribution of property which was land conveyed under the Alaska Native Claims
Settlement Act,
shall be allowed to the extent that the aggregate amount of such contributions does
not exceed the excess of the taxpayer's taxable income over the amount of charitable
contributions allowable under subparagraph (A).
I.R.C. § 170(b)(2)(C)(ii) Carryover —
If the aggregate amount of contributions described in clause (i) exceeds the limitation of clause (i), such excess shall be treated (in a manner consistent with the rules of subsection
(d)(2))
as a charitable contribution to which clause (i) applies in each of the 15 succeeding taxable years in order of time.
I.R.C. § 170(b)(2)(C)(iii) Native Corporation —
For purposes of this subparagraph, the term “Native Corporation” has the
meaning given such term by section 3(m)
of the Alaska Native Claims Settlement Act.
I.R.C. § 170(b)(2)(D) Taxable Income —
For purposes of this paragraph, taxable income shall be computed without regard
to—
I.R.C. § 170(b)(2)(D)(i) —
this section,
I.R.C. § 170(b)(2)(D)(ii) —
part VIII (except section 248),
I.R.C. § 170(b)(2)(D)(iii) —
any net operating loss carryback to the taxable year under section 172,
I.R.C. § 170(b)(2)(D)(iv) —
any capital loss carryback to the taxable year under section 1212(a)(1)
I.R.C. § 170(b)(2)(D)(v) —
section 199A(g).
I.R.C. § 170(c) Charitable Contribution Defined —
For purposes of this section, the term “charitable contribution” means
a contribution or gift to or for the use of—
I.R.C. § 170(c)(1) —
A State, a possession of the United States, or any political subdivision of any
of the foregoing, or the United States or the District of Columbia, but only if the
contribution or gift is made for exclusively public purposes.
I.R.C. § 170(c)(2) —
A corporation, trust, or community chest, fund, or foundation—
I.R.C. § 170(c)(2)(A) —
created or organized in the United States or in any possession thereof, or under
the law of the United States, any State, the District of Columbia, or any possession
of the United States;
I.R.C. § 170(c)(2)(B) —
organized and operated exclusively for religious, charitable, scientific, literary,
or educational purposes, or to foster national or international amateur sports competition
(but only if no part of its activities involve the provision of athletic facilities
or equipment), or for the prevention of cruelty to children or animals;
I.R.C. § 170(c)(2)(C) —
no part of the net earnings of which inures to the benefit of any private shareholder
or individual; and
I.R.C. § 170(c)(2)(D) —
which is not disqualified for tax exemption under section 501(c)(3) by reason of attempting to influence legislation, and which does not participate
in, or intervene in (including the publishing or distributing of statements), any
political campaign on behalf of (or in opposition to) any candidate for public office.
A contribution or gift by a corporation to a trust,
chest, fund, or foundation shall be deductible by reason of this paragraph only if
it is to be used within the United States or any of its possessions exclusively for
purposes specified in subparagraph (B). Rules similar to the rules of section 501(j) shall apply for purposes of this paragraph.
I.R.C. § 170(c)(3) —
A post or organization of war veterans, or an auxiliary unit or society of, or trust
or foundation for, any such post or organization—
I.R.C. § 170(c)(3)(A) —
organized in the United States or any of its possessions, and
I.R.C. § 170(c)(3)(B) —
no part of the net earnings of which inures to the benefit of any private shareholder
or individual.
I.R.C. § 170(c)(4) —
In the case of a contribution or gift by an individual, a domestic fraternal society,
order, or association, operating under the lodge system, but only if such contribution
or gift is to be used exclusively for religious, charitable, scientific, literary,
or educational purposes, or for the prevention of cruelty to children or animals.
I.R.C. § 170(c)(5) —
A cemetery company owned and operated exclusively for the benefit of its members,
or any corporation chartered solely for burial purposes as a cemetery corporation
and not permitted by its charter to engage in any business not necessarily incident
to that purpose, if such company or corporation is not operated for profit and no
part of the net earnings of such company or corporation inures to the benefit of
any private shareholder or individual.
For purposes of this section, the term “charitable
contribution” also means an amount treated under subsection (g) as paid for the use of an organization described in paragraph (2), (3), or (4).
I.R.C. § 170(d) Carryovers Of Excess Contributions
I.R.C. § 170(d)(1) Individuals
I.R.C. § 170(d)(1)(A) In General —
In the case of an individual, if the amount of charitable contributions described
in subsection (b)(1)(A) payment of which is made within a taxable year (hereinafter in this paragraph referred
to as the “contribution year”) exceeds 50 percent of the taxpayer's contribution
base for such year, such excess shall be treated as a charitable contribution described
in subsection (b)(1)(A) paid in each of the 5 succeeding taxable years in order of time, but, with respect
to any such succeeding taxable year, only to the extent of the lesser of the two
following amounts:
I.R.C. § 170(d)(1)(A)(i) —
the amount by which 50 percent of the taxpayer's contribution base for such succeeding
taxable year exceeds the sum of the charitable contributions described in subsection
(b)(1)(A) payment of which is made by the taxpayer within such succeeding taxable year (determined
without regard to this subparagraph) and the charitable contributions described in
subsection (b)(1)(A) payment of which was made in taxable years before the contribution year which are
treated under this subparagraph as having been paid in such succeeding taxable year;
or
I.R.C. § 170(d)(1)(A)(ii) —
in the case of the first succeeding taxable year, the amount of such excess, and
in the case of the second, third, fourth, or fifth succeeding taxable year, the portion
of such excess not treated under this subparagraph as a charitable contribution described
in subsection (b)(1)(A) paid in any taxable year intervening between the contribution year and such succeeding
taxable year.
I.R.C. § 170(d)(1)(B) Special Rule For Net Operating Loss Carryovers —
In applying subparagraph (A), the excess determined under subparagraph (A) for the contribution year shall be reduced to the extent that such excess
reduces taxable income (as computed for purposes of the second sentence of section
172(b)(2))
and increases the net operating loss deduction for a taxable year succeeding the
contribution year.
I.R.C. § 170(d)(2) Corporations
I.R.C. § 170(d)(2)(A) In General —
Any contribution made by a corporation in a taxable year (hereinafter in this paragraph
referred to as the “contribution year”) in excess of the amount deductible
for such year under subsection (b)(2)(A) shall be deductible
for each of the 5 succeeding taxable years in order of time, but only to the extent
of the lesser of the two following amounts: (i)
the excess of the maximum amount deductible for such succeeding taxable year under
subsection (b)(2)(A) over the sum of the contributions made in such year plus the aggregate of the excess
contributions which were made in taxable years before the contribution year and which
are deductible under this subparagraph for such succeeding taxable year; or (ii)
in the case of the first succeeding taxable year, the amount of such excess contribution,
and
in the case of the second, third, fourth, or fifth succeeding taxable
year, the portion of such excess contribution not deductible under this subparagraph
for any taxable year intervening between the contribution
year and such succeeding taxable year.
I.R.C. § 170(d)(2)(B) Special Rule For Net Operating Loss Carryovers —
For purposes of subparagraph (A), the excess of—
I.R.C. § 170(d)(2)(B)(i) —
the contributions made by a corporation in a taxable year to which this section
applies, over
I.R.C. § 170(d)(2)(B)(ii) —
the amount deductible in such year under the limitation in subsection (b)(2)(A), shall be reduced to the extent that such excess reduces taxable income
(as computed for purposes of the second sentence of section 172(b)(2)) and increases a net operating loss carryover under section 172 to a succeeding taxable year.
I.R.C. § 170(e) Certain Contributions Of Ordinary Income And Capital Gain Property
I.R.C. § 170(e)(1) General Rule —
The amount of any charitable contribution of property otherwise taken into account
under this section shall be reduced by the sum of—
I.R.C. § 170(e)(1)(A) —
the amount of gain which would not have been long-term capital gain (determined
without regard to section 1221(b)(3)) if the property
contributed had been sold by the taxpayer at its fair market value
(determined at the time of such contribution), and
I.R.C. § 170(e)(1)(B) —
in the case of a charitable contribution—
I.R.C. § 170(e)(1)(B)(i) —
of tangible personal property—
I.R.C. § 170(e)(1)(B)(i)(I) —
if the use by the donee is unrelated to the purpose or function constituting the
basis for its exemption under section 501 (or, in the case of a governmental unit, to any purpose or function described
in subsection (c)), or
I.R.C. § 170(e)(1)(B)(i)(II) —
which is applicable property (as defined in paragraph (7)(C), but without regard to clause (ii) thereof)
which is sold, exchanged, or otherwise disposed of by the donee before
the last day of the taxable year in which the contribution was made and with respect
to which the donee has not made a certification in accordance with paragraph (7)(D),
I.R.C. § 170(e)(1)(B)(ii) —
to or for the use of a private foundation
(as defined in section 509(a)),
other than a private foundation described in subsection (b)(1)(F),
I.R.C. § 170(e)(1)(B)(iii) —
of any patent, copyright (other than a copyright described in section 1221(a)(3) or 1231(b)(1)(C)), trademark, trade name, trade secret, know-how, software (other than software described
in section 197(e)(3)(A)(i)), or similar property, or applications or registrations of such property, or
I.R.C. § 170(e)(1)(B)(iv) —
of any taxidermy property which is contributed by the person who prepared, stuffed,
or mounted the property or by any person who paid or incurred the cost of such preparation,
stuffing, or mounting,
the amount of gain which would have
been long-term capital gain if the property contributed had been sold by the taxpayer
at its fair market value (determined at the time of such contribution).
For purposes of applying this paragraph
(other than in the case of gain to which section 617(d)(1), 1245(a), 1250(a), 1252(a), or 1254(a) applies), property which is property used in the trade or business (as defined in
section 1231(b)) shall be treated as a capital asset. For purposes of applying this paragraph in
the case of a charitable contribution of stock in an S corporation, rules
similar to the rules of section 751 shall apply in determining whether gain on such stock would have been long-term
capital gain if such stock were sold by the taxpayer.
I.R.C. § 170(e)(2) Allocation Of Basis —
For purposes of paragraph (1), in the case of a charitable contribution of less than the taxpayer's entire interest
in the property contributed, the taxpayer's adjusted basis in such property shall
be allocated between the interest contributed and any interest not contributed in
accordance with regulations prescribed by the Secretary.
I.R.C. § 170(e)(3) Special Rule For Certain Contributions Of Inventory And Other Property
I.R.C. § 170(e)(3)(A) Qualified Contributions —
For purposes of this paragraph, a qualified contribution shall mean a charitable
contribution of property described in paragraph (1) or (2) of section 1221(a), by a corporation (other than a corporation which is an S corporation) to an organization
which is described in section 501(c)(3)
and is exempt under section 501(a) (other than a private foundation, as defined in section 509(a), which is not an operating foundation, as defined in section 4942(j)(3)), but only if—
I.R.C. § 170(e)(3)(A)(i) —
the use of the property by the donee is related to the purpose or function constituting
the basis for its exemption under section 501 and the property is to be used by the donee solely for the care of the ill, the
needy, or infants;
I.R.C. § 170(e)(3)(A)(ii) —
the property is not transferred by the donee in exchange for money, other property,
or services;
I.R.C. § 170(e)(3)(A)(iii) —
the taxpayer receives from the donee a written statement representing that its use
and disposition of the property will be in accordance with the provisions of clauses
(i) and (ii); and
I.R.C. § 170(e)(3)(A)(iv) —
in the case where the property is subject to regulation under the Federal Food,
Drug, and Cosmetic Act, as amended, such property must fully satisfy the applicable
requirements of such Act and regulations promulgated thereunder on the date of transfer
and for one hundred and eighty days prior thereto.
I.R.C. § 170(e)(3)(B) Amount Of Reduction —
The reduction under paragraph (1)(A) for any qualified contribution
(as defined in subparagraph (A))
shall be no greater than the sum of—
I.R.C. § 170(e)(3)(B)(i) —
one-half of the amount computed under paragraph (1)(A) (computed without regard to this paragraph), and
I.R.C. § 170(e)(3)(B)(ii) —
the amount (if any) by which the charitable contribution deduction under this section
for any qualified contribution
(computed by taking into account the amount determined in clause (i), but without regard to this clause) exceeds twice the basis of such property.
I.R.C. § 170(e)(3)(C) Special Rule For Contributions Of Food Inventory
I.R.C. § 170(e)(3)(C)(i) General Rule —
In the case of a charitable contribution of food from any trade or business of the
taxpayer, this paragraph shall be applied—
I.R.C. § 170(e)(3)(C)(i)(I) —
without regard to whether the contribution is made by a C corporation, and
I.R.C. § 170(e)(3)(C)(i)(II) —
only to food that is apparently wholesome food.
I.R.C. § 170(e)(3)(C)(ii) Limitation —
The aggregate amount of such contributions for any taxable year which may be taken
into account under this section shall not exceed—
I.R.C. § 170(e)(3)(C)(ii)(I) —
in the case of any taxpayer other than a C corporation, 15 percent of the taxpayer's
aggregate net income for such taxable year from all trades or businesses from which
such contributions were made for such year, computed without regard to this section,
and
I.R.C. § 170(e)(3)(C)(ii)(II) —
in the case of a C corporation, 15 percent of taxable income (as defined in subsection
(b)(2)(D)).
I.R.C. § 170(e)(3)(C)(iii) Rules Related To Limitation
I.R.C. § 170(e)(3)(C)(iii)(I) Carryover —
If such aggregate amount exceeds the limitation imposed under clause (ii), such excess shall be treated (in a manner consistent with the rules of subsection
(d)) as a charitable contribution described in clause (i) in each of the 5 succeeding taxable years in order of time.
I.R.C. § 170(e)(3)(C)(iii)(II) Coordination With Overall Corporate Limitation —
In the case of any charitable contribution which is allowable after the application
of clause (ii)(II), subsection (b)(2)(A) shall not apply to such contribution, but the limitation imposed by such subsection
shall be reduced (but not below zero) by the aggregate amount of such contributions.
For purposes of subsection (b)(2)(B), such contributions shall be treated as allowable under subsection (b)(2)(A).
I.R.C. § 170(e)(3)(C)(iv) Determination Of Basis For Certain Taxpayers —
If a taxpayer—
I.R.C. § 170(e)(3)(C)(iv)(I) —
does not account for inventories under section 471, and
I.R.C. § 170(e)(3)(C)(iv)(II) —
is not required to capitalize indirect costs under section 263A,
the taxpayer may elect, solely for purposes of subparagraph (B), to treat the basis of any apparently wholesome food as being equal to 25 percent
of the fair market value of such food.
I.R.C. § 170(e)(3)(C)(v) Determination Of Fair Market Value —
In the case of any such contribution of apparently wholesome food which cannot or
will not be sold solely by reason of internal standards of the taxpayer, lack of market,
or similar circumstances, or by reason of being produced by the taxpayer exclusively
for the purposes of transferring the food to an organization described in subparagraph
(A), the fair market value of such contribution shall be determined—
I.R.C. § 170(e)(3)(C)(v)(I) —
without regard to such internal standards, such lack of market, such circumstances,
or such exclusive purpose, and
I.R.C. § 170(e)(3)(C)(v)(II) —
by taking into account the price at which the same or substantially the same food
items (as to both type and quality) are sold by the taxpayer at the time of the contribution
(or, if not so sold at such time, in the recent past).
I.R.C. § 170(e)(3)(C)(vi) Apparently Wholesome Food —
For purposes of this subparagraph, the term “apparently wholesome food”
has the meaning given to such term by section 22(b)(2)
of the Bill Emerson Good Samaritan Food Donation Act (42 U.S.C. 1791(b)(2)), as in effect on the date of the enactment of this subparagraph.
I.R.C. § 170(e)(4) Special Rule For Contributions Of Scientific Property Used For Research
I.R.C. § 170(e)(4)(A) Limit On Reduction —
In the case of a qualified research contribution, the reduction under paragraph
(1)(A) shall be no greater than the amount determined under paragraph (3)(B).
I.R.C. § 170(e)(4)(B) Qualified Research Contributions —
For purposes of this paragraph, the term “qualified research contribution”
means a charitable contribution by a corporation of tangible personal property described
in paragraph (1) of section 1221(a), but only if—
I.R.C. § 170(e)(4)(B)(ii) —
the property is constructed or assembled by the taxpayer,
I.R.C. § 170(e)(4)(B)(iii) —
the contribution is made not later than 2 years after the date the construction
or assembly of the property is substantially completed,
I.R.C. § 170(e)(4)(B)(iv) —
the original use of the property is by the donee,
I.R.C. § 170(e)(4)(B)(v) —
the property is scientific equipment or apparatus substantially all of the use of
which by the donee is for research or experimentation (within the meaning of section
174), or for research training, in the United States in physical or biological sciences,
I.R.C. § 170(e)(4)(B)(vi) —
the property is not transferred by the donee in exchange for money, other property,
or services, and
I.R.C. § 170(e)(4)(B)(vii) —
the taxpayer receives from the donee a written statement representing that its use
and disposition of the property will be in accordance with the provisions of clauses
(v) and (vi).
I.R.C. § 170(e)(4)(C) Construction Of Property By Taxpayer —
For purposes of this paragraph, property shall be treated as constructed by the
taxpayer only if the cost of the parts used in the construction of such property
(other than parts manufactured by the taxpayer or a related person) do not exceed
50 percent of the taxpayer's basis in such property.
I.R.C. § 170(e)(4)(D) Corporation —
For purposes of this paragraph, the term “corporation"
shall not include—
I.R.C. § 170(e)(4)(D)(i) —
an S corporation,
I.R.C. § 170(e)(4)(D)(ii) —
a personal holding company (as defined in section 542), and
I.R.C. § 170(e)(4)(D)(iii) —
a service organization (as defined in section 414(m)(3)).
I.R.C. § 170(e)(5) Special Rule For Contributions Of Stock For Which Market Quotations Are Readily Available
I.R.C. § 170(e)(5)(A) In General —
Subparagraph (B)(ii) of paragraph (1) shall not apply to any contribution of qualified appreciated stock.
I.R.C. § 170(e)(5)(B) Qualified Appreciated Stock —
Except as provided in subparagraph (C), for purposes of this paragraph, the term “qualified appreciated stock”
means any stock of a corporation—
I.R.C. § 170(e)(5)(B)(i) —
for which (as of the date of the contribution)
market quotations are readily available on an established securities market, and
I.R.C. § 170(e)(5)(B)(ii) —
which is capital gain property (as defined in subsection (b)(1)(C)(iv)).
I.R.C. § 170(e)(5)(C) Donor May Not Contribute More Than 10 Percent Of Stock Of Corporation
I.R.C. § 170(e)(5)(C)(i) In General —
In the case of any donor, the term “qualified appreciated stock” shall
not include any stock of a corporation contributed by the donor in a contribution
to which paragraph (1)(B)(ii) applies (determined without regard to this paragraph) to the extent that the amount
of the stock so contributed (when increased by the aggregate amount of all prior
such contributions by the donor of stock in such corporation)
exceeds 10 percent (in value) of all of the outstanding stock of such corporation.
I.R.C. § 170(e)(5)(C)(ii) Special Rule —
For purposes of clause (i), an individual shall be treated as making all contributions made by any member of
his family
(as defined in section 267(c)(4)).
I.R.C. § 170(e)(6) Special Rule For Contributions Of Computer Technology And Equipment For Educational
Purposes —
[Repealed. Pub. L. 113-295, Div. A, title II, Sec. 221(a)(28)(B).]
I.R.C. § 170(e)(7) Recapture Of Deduction On Certain Dispositions Of Exempt Use Property
I.R.C. § 170(e)(7)(A) In General —
In the case of an applicable disposition of applicable property, there shall be included
in the income of the donor of such
property for the taxable year of such donor in which the applicable
disposition occurs an amount equal to the excess (if any) of—
I.R.C. § 170(e)(7)(A)(i) —
the amount of the deduction allowed to the donor under this section with respect
to such property, over
I.R.C. § 170(e)(7)(A)(ii) —
the donor's basis in such property at the time such property was contributed.
I.R.C. § 170(e)(7)(B) Applicable Disposition —
For purposes of this paragraph, the term “applicable disposition” means
any sale, exchange, or other disposition by the donee of applicable property—
I.R.C. § 170(e)(7)(B)(i) —
after the last day of the taxable year of the donor in which such property was contributed,
and
I.R.C. § 170(e)(7)(B)(ii) —
before the last day of the 3-year period beginning on the date of the contribution
of such property,
unless the donee makes a certification in accordance with subparagraph (D).
I.R.C. § 170(e)(7)(C) Applicable Property —
For purposes of this paragraph, the term “applicable property” means
charitable deduction property (as defined in section
6050L(a)(2)(A))—
I.R.C. § 170(e)(7)(C)(i) —
which is tangible personal property the use of which is identified by the donee as
related to the purpose or function constituting the basis of the donee's exemption
under section 501, and
I.R.C. § 170(e)(7)(C)(ii) —
for which a deduction in excess of the donor's basis is allowed.
I.R.C. § 170(e)(7)(D) Certification —
A certification meets the requirements of this subparagraph if it is a written statement
which is signed under penalty of perjury by an officer of the donee organization
and—
I.R.C. § 170(e)(7)(D)(i) —
which—
I.R.C. § 170(e)(7)(D)(i)(I) —
certifies that the use of the property by the donee was substantial and related to
the purpose or function constituting the basis for the donee's exemption under section
501, and
I.R.C. § 170(e)(7)(D)(i)(II) —
describes how the property was used and how such use furthered such purpose or function,
or
I.R.C. § 170(e)(7)(D)(ii) —
which—
I.R.C. § 170(e)(7)(D)(ii)(I) —
states the intended use of the property by the donee at the time of the contribution,
and
I.R.C. § 170(e)(7)(D)(ii)(II) —
certifies that such intended use has become impossible or infeasible to implement.
I.R.C. § 170(f) Disallowance Of Deduction In Certain Cases And Special Rules
I.R.C. § 170(f)(1) In General —
No deduction shall be allowed under this section for a contribution to or for the
use of an organization or trust described in section 508(d) or
4948(c)(4) subject to the conditions specified in such sections.
I.R.C. § 170(f)(2) Contributions Of Property Placed In Trust
I.R.C. § 170(f)(2)(A) Remainder Interest —
In the case of property transferred in trust, no deduction shall be allowed under
this section for the value of a contribution of a remainder interest unless the trust
is a charitable remainder annuity trust or a charitable remainder unitrust (described
in section 664), or a pooled income fund
(described in section 642(c)(5)).
I.R.C. § 170(f)(2)(B) Income Interests, Etc. —
No deduction shall be allowed under this section for the value of any interest in
property (other than a remainder interest)
transferred in trust unless the interest is in the form of a guaranteed annuity or
the trust instrument specifies that the interest is a fixed percentage distributed
yearly of the fair market value of the trust property (to be determined yearly) and
the grantor is treated as the owner of such interest for purposes of applying section
671. If the donor ceases to be
treated as the owner of such an interest for purposes of applying section 671, at the time the donor ceases to be so treated, the donor shall for purposes of
this chapter be considered as having received an amount of income equal to the amount
of any deduction he received under this section
for the contribution reduced by the discounted value of all amounts of income earned
by the trust and taxable to him before the time at which he ceases to be treated
as the owner of the interest. Such amounts of income shall be discounted to the date
of the contribution. The Secretary shall prescribe such regulations as may be necessary
to carry out the purposes of this subparagraph.
I.R.C. § 170(f)(2)(C) Denial Of Deduction In Case Of Payments By Certain Trusts —
In any case in which a deduction is allowed under this section for the value of
an interest in property described in subparagraph (B), transferred in trust, no deduction shall be allowed under this section to the grantor
or any other person for the amount of any contribution made by the trust with respect
to such interest.
I.R.C. § 170(f)(2)(D) Exception —
This paragraph shall not apply in a case in which the value of all interests in
property transferred in trust are deductible under subsection (a).
I.R.C. § 170(f)(3) Denial Of Deduction In Case Of Certain Contributions Of Partial Interests In Property
I.R.C. § 170(f)(3)(A) In General —
In the case of a contribution (not made by a transfer in trust) of an interest in
property which consists of less than the taxpayer's entire interest in such property,
a deduction shall be allowed under this section only to the extent that the value
of the interest contributed would be allowable as a deduction under this section
if such interest had been transferred in trust. For purposes of this subparagraph,
a contribution by a taxpayer of the right to use property shall be treated as a contribution
of less than the taxpayer's entire interest in such property.
I.R.C. § 170(f)(3)(B) Exceptions —
Subparagraph (A) shall not apply to—
I.R.C. § 170(f)(3)(B)(i) —
a contribution of a remainder interest in a personal residence or farm,
I.R.C. § 170(f)(3)(B)(ii) —
a contribution of an undivided portion of the taxpayer's entire interest in property,
and
I.R.C. § 170(f)(3)(B)(iii) —
a qualified conservation contribution.
I.R.C. § 170(f)(4) Valuation Of Remainder Interest In Real Property —
For purposes of this section, in determining the value of a remainder interest in
real property, depreciation (computed on the straight line method) and depletion
of such property shall be taken into account, and such value shall be discounted
at a rate of 6 percent per annum, except that the Secretary may prescribe a different
rate.
I.R.C. § 170(f)(5) Reduction For Certain Interest —
If, in connection with any charitable contribution, a liability is assumed by the
recipient or by any other person, or if a charitable contribution is of property
which is subject to a liability, then, to the extent necessary to avoid the duplication
of amounts, the amount taken into account for purposes of this section as the amount
of the charitable contribution—
I.R.C. § 170(f)(5)(A) —
shall be reduced for interest (i) which has been paid (or is to be paid) by the
taxpayer, (ii) which is attributable to the liability, and (iii) which is attributable
to any period after the making of the contribution, and
I.R.C. § 170(f)(5)(B) —
in the case of a bond, shall be further reduced for interest (i) which has been
paid (or is to be paid) by the taxpayer on indebtedness incurred or continued to
purchase or carry such bond, and (ii) which is attributable to any period before
the making of the contribution.
The reduction pursuant to subparagraph (B) shall not exceed the interest
(including interest equivalent) on the bond which is attributable to any period before
the making of the contribution and which is not (under the taxpayer's method of accounting)
includible in the gross income of the taxpayer for any taxable year. For purposes
of this paragraph, the term “bond” means any bond, debenture, note, or
certificate or other evidence of indebtedness.
I.R.C. § 170(f)(6) Deductions For Out-Of-Pocket Expenditures —
No deduction shall be allowed under this section for an out-of-pocket expenditure
made by any person on behalf of an organization described in subsection (c) (other than an organization described in section 501(h)(5) (relating to churches, etc.)) if the expenditure is made for the purpose of influencing
legislation (within the meaning of section 501(c)(3)).
I.R.C. § 170(f)(7) Reformations To Comply With Paragraph (2)
I.R.C. § 170(f)(7)(A) In General —
A deduction shall be allowed under subsection (a) in respect of any qualified reformation
(within the meaning of section 2055(e)(3)(B)).
I.R.C. § 170(f)(7)(B) Rules Similar To Section 2055(e)(3) To Apply —
For purposes of this paragraph, rules similar to the rules of section 2055(e)(3) shall apply.
I.R.C. § 170(f)(8) Substantiation Requirement For Certain Contributions
I.R.C. § 170(f)(8)(A) General Rule —
No deduction shall be allowed under subsection (a) for any contribution of $250 or more unless the taxpayer substantiates the contribution
by a contemporaneous written acknowledgment of the contribution by the donee organization
that meets the requirements of subparagraph (B).
I.R.C. § 170(f)(8)(B) Content Of Acknowledgement —
An acknowledgement meets the requirements of this subparagraph if it includes the
following information:
I.R.C. § 170(f)(8)(B)(i) —
The amount of cash and a description
(but not value) of any property other than cash contributed.
I.R.C. § 170(f)(8)(B)(ii) —
Whether the donee organization provided any goods or services in consideration, in
whole or in part, for any property described in clause (i).
I.R.C. § 170(f)(8)(B)(iii) —
A description and good faith estimate of the value of any goods or services referred
to in clause (ii) or, if such goods or services consist solely of intangible religious benefits, a
statement to that effect.
For purposes
of this subparagraph, the term “intangible religious benefit”
means any intangible religious benefit which is provided by an organization
organized exclusively for religious purposes and which generally is not sold in a
commercial transaction outside the donative context.
I.R.C. § 170(f)(8)(C) Contemporaneous —
For purposes of subparagraph (A), an acknowledgment shall be considered to be contemporaneous if the taxpayer obtains
the acknowledgment on or before the earlier of—
I.R.C. § 170(f)(8)(C)(i) —
the date on which the taxpayer files a return for the taxable year in which the
contribution was made, or
I.R.C. § 170(f)(8)(C)(ii) —
the due date (including extensions)
for filing such return.
I.R.C. § 170(f)(8)(D) Regulations —
The Secretary shall prescribe such regulations as may be necessary or appropriate
to carry out the purposes of this paragraph, including regulations that may provide
that some or all of the requirements of this paragraph do not apply in appropriate
cases.
I.R.C. § 170(f)(9) Denial Of Deduction Where Contribution For Lobbying Activities —
No deduction shall be allowed under this section for a contribution to an organization
which conducts activities to which section 162(e)(1) applies
on matters of direct financial interest to the donor's trade or business,
if a principal purpose of the contribution was to avoid Federal income tax by securing
a deduction for such activities under this section which would be disallowed by reason
of section 162(e) if the donor had conducted such activities directly. No deduction shall be allowed
under section 162(a) for any amount for which a deduction is disallowed under the preceding sentence.
I.R.C. § 170(f)(10) Split-Dollar Life Insurance, Annuity, And Endowment Contracts
I.R.C. § 170(f)(10)(A) In General —
Nothing in this section or in section 545(b)(2), 642(c), 2055, 2106(a)(2), or 2522 shall be construed to allow a deduction, and no deduction shall be allowed, for
any transfer to or for the use of an organization described in subsection (c) if in connection with such transfer
I.R.C. § 170(f)(10)(A)(i) —
the organization directly or indirectly pays, or has previously paid, any premium
on any personal benefit contract with respect to the transferor, or
I.R.C. § 170(f)(10)(A)(ii) —
there is an understanding or expectation that any person will directly or indirectly
pay any premium on any personal benefit contract with respect to the transferor.
I.R.C. § 170(f)(10)(B) Personal Benefit Contract —
For purposes of subparagraph (A), the term “personal benefit contract” means, with respect to the transferor,
any life insurance, annuity, or endowment contract if any direct or indirect beneficiary
under such contract is the transferor, any member of the transferor's family, or
any other person (other than an organization described in subsection (c))
designated by the transferor.
I.R.C. § 170(f)(10)(C) Application To Charitable Remainder Trusts —
In the case of a transfer to a trust referred to in subparagraph (E),
references in subparagraphs (A) and (F) to an organization described in subsection (c) shall be treated as a reference to such trust.
I.R.C. § 170(f)(10)(D) Exception For Certain Annuity Contracts —
If, in connection with a transfer to or for the use of an organization described
in subsection (c), such organization incurs an obligation to pay a charitable gift annuity (as defined
in section 501(m)) and such organization purchases any annuity contract to fund such obligation,
persons receiving payments under the charitable gift annuity shall not be treated
for purposes of subparagraph (B) as indirect beneficiaries under such contract if—
I.R.C. § 170(f)(10)(D)(i) —
such organization possesses all of the incidents of ownership under such contract,
I.R.C. § 170(f)(10)(D)(ii) —
such organization is entitled to all the payments under such contract, and
I.R.C. § 170(f)(10)(D)(iii) —
the timing and amount of payments under such contract are substantially the same
as the timing and amount of payments to each such person under such obligation (as
such obligation is in effect at the time of such transfer).
I.R.C. § 170(f)(10)(E) Exception For Certain Contracts Held By Charitable Remainder Trusts —
A person shall not be treated for purposes of subparagraph (B) as an indirect beneficiary under any life insurance, annuity, or endowment contract
held by a charitable remainder annuity trust or a charitable remainder unitrust
(as defined in section 664(d))
solely by reason of being entitled to any payment referred to in paragraph (1)(A) or (2)(A) of section 664(d) if—
I.R.C. § 170(f)(10)(E)(i) —
such trust possesses all of the incidents of ownership under such contract, and
I.R.C. § 170(f)(10)(E)(ii) —
such trust is entitled to all the payments under such contract.
I.R.C. § 170(f)(10)(F) Excise Tax On Premiums Paid
I.R.C. § 170(f)(10)(F)(i) In General —
There is hereby imposed on any organization described in subsection (c) an excise tax equal to the premiums paid by such organization on any life insurance,
annuity, or endowment contract if the payment of premiums on such contract is in
connection with a transfer for which a deduction is
not allowable under subparagraph (A), determined without regard to when such transfer is made.
I.R.C. § 170(f)(10)(F)(ii) Payments By Other Persons —
For purposes of clause (i), payments made by any other person pursuant to an understanding or expectation referred
to in subparagraph (A) shall be treated as made by the organization.
I.R.C. § 170(f)(10)(F)(iii) Reporting —
Any organization on which tax is imposed by clause (i) with respect to any
premium shall file an annual return which includes—
I.R.C. § 170(f)(10)(F)(iii)(I) —
the amount of such premiums paid during the year and the name and TIN of each beneficiary
under the contract to which the premium relates, and
I.R.C. § 170(f)(10)(F)(iii)(II) —
such other information as the Secretary may require.
The penalties applicable to returns required under
section 6033 shall apply to returns required under this clause. Returns required under this
clause shall be furnished at such time and in such manner as the Secretary shall
by forms or regulations require.
I.R.C. § 170(f)(10)(F)(iv) Certain Rules To Apply —
The tax imposed by this subparagraph shall be treated as imposed by chapter 42 for
purposes of this title other than subchapter B of chapter 42.
I.R.C. § 170(f)(10)(G) Special Rule Where State Requires Specification Of Charitable Gift Annuitant In Contract —
In the case of an obligation to pay a charitable gift annuity referred to in subparagraph
(D) which is entered into under the laws of a State which requires, in order for the
charitable gift annuity to be exempt from insurance regulation by such State, that
each beneficiary under the charitable gift annuity be named as a beneficiary under
an annuity contract issued by an insurance company authorized to transact business
in such State, the requirements of clauses (i) and (ii) of subparagraph (D) shall be treated as met if—
I.R.C. § 170(f)(10)(G)(i) —
such State law requirement was in effect on February 8, 1999,
I.R.C. § 170(f)(10)(G)(ii) —
each such beneficiary under the charitable gift annuity is a bona fide resident
of such State at the time the obligation to pay a charitable gift annuity is entered
into, and
I.R.C. § 170(f)(10)(G)(iii) —
the only persons entitled to payments under such contract are persons entitled to
payments as beneficiaries under such obligation on the date such obligation is entered
into.
I.R.C. § 170(f)(10)(H) Member Of Family —
For purposes of this paragraph, an individual's family consists of the individual's
grandparents, the grandparents of such individual's spouse, the lineal descendants
of such grandparents, and any spouse of such a lineal descendant.
I.R.C. § 170(f)(10)(I) Regulations —
The Secretary shall prescribe such regulations as may be necessary or appropriate
to carry out the purposes of this paragraph, including regulations to prevent the
avoidance of such purposes.
I.R.C. § 170(f)(11) Qualified Appraisal And Other Documentation For Certain Contributions
I.R.C. § 170(f)(11)(A) In General
I.R.C. § 170(f)(11)(A)(i) Denial Of Deduction —
In the case of an individual, partnership, or corporation, no deduction shall be
allowed under subsection (a) for any contribution of property for which a deduction of more than $500 is claimed
unless such person meets the requirements of subparagraphs (B), (C), and (D), as the case may be, with respect to such contribution.
I.R.C. § 170(f)(11)(A)(ii) Exceptions
I.R.C. § 170(f)(11)(A)(ii)(I) Readily Valued Property —
Subparagraphs (C) and (D) shall not apply to cash, property described in subsection (e)(1)(B)(iii) or section 1221(a)(1), publicly traded securities (as defined in section 6050L(a)(2)(B)), and any qualified vehicle described in paragraph (12)(A)(ii) for which an acknowledgement under paragraph (12)(B)(iii) is provided.
I.R.C. § 170(f)(11)(A)(ii)(II) Reasonable Cause —
Clause (i) shall not apply if it is shown that the failure to meet such requirements is due
to reasonable cause and not to willful neglect.
I.R.C. § 170(f)(11)(B) Property Description For Contributions Of More Than $500 —
In the case of contributions of property for which a deduction of more than $500
is claimed, the requirements of this subparagraph are met if the individual, partnership
or corporation includes with the return for the taxable year in which the contribution
is made a description of such property and such other information as the Secretary
may require. The requirements of this subparagraph shall not apply to a C corporation
which is not a personal service
corporation or a closely held C corporation.
I.R.C. § 170(f)(11)(C) Qualified Appraisal For Contributions Of More Than $5,000 —
In the case of contributions of property for which a deduction of more than $5,000
is claimed, the requirements of this subparagraph are met if the individual, partnership,
or corporation obtains a qualified appraisal of such property and attaches to the
return for the taxable year in which such contribution is made such
information regarding such property and such appraisal as the Secretary may require.
I.R.C. § 170(f)(11)(D) Substantiation For Contributions Of More Than $500,000 —
In the case of contributions of property for which a deduction of more than $500,000
is claimed, the requirements of this subparagraph are met if the individual, partnership,
or corporation
attaches to the return for the taxable year a qualified appraisal
of such property.
I.R.C. § 170(f)(11)(E) Qualified Appraisal And Appraiser —
For purposes of this paragraph—
I.R.C. § 170(f)(11)(E)(i) Qualified Appraisal —
The term “qualified appraisal” means, with respect to any property,
an appraisal of such property which—
I.R.C. § 170(f)(11)(E)(i)(I) —
is treated for purposes of this paragraph as a qualified appraisal under regulations
or other guidance prescribed by the Secretary, and
I.R.C. § 170(f)(11)(E)(i)(II) —
is conducted by a qualified appraiser in accordance with generally accepted appraisal
standards and any regulations or other guidance prescribed under subclause (I).
I.R.C. § 170(f)(11)(E)(ii) Qualified Appraiser —
Except as provided in clause (iii), the term “qualified appraiser” means an individual who—
I.R.C. § 170(f)(11)(E)(ii)(I) —
has earned an appraisal designation from a recognized professional appraiser organization
or has otherwise met minimum education and experience requirements set forth in
regulations prescribed by the Secretary,
I.R.C. § 170(f)(11)(E)(ii)(II) —
regularly performs appraisals for which the individual receives compensation, and
I.R.C. § 170(f)(11)(E)(ii)(III) —
meets such other requirements as may be prescribed by the Secretary in regulations
or other guidance.
I.R.C. § 170(f)(11)(E)(iii) Specific Appraisals —
An individual shall not be treated as a qualified appraiser with respect to any
specific appraisal unless—
I.R.C. § 170(f)(11)(E)(iii)(I) —
the individual demonstrates verifiable education and experience in valuing the type
of property subject to the appraisal, and
I.R.C. § 170(f)(11)(E)(iii)(II) —
the individual has not been prohibited from practicing before the Internal Revenue
Service by the Secretary under section 330(c) of
title 31, United States Code, at any time during the 3-year period ending on the date
of the appraisal.
I.R.C. § 170(f)(11)(F) Aggregation Of Similar Items Of Property —
For purposes of determining thresholds under this paragraph, property and all similar
items of property donated to 1 or more donees shall be treated as 1 property.
I.R.C. § 170(f)(11)(G) Special Rule For Pass-Thru Entities —
In the case of a partnership or S corporation, this paragraph shall be applied at
the entity level, except that the deduction shall be denied at the partner or shareholder
level.
I.R.C. § 170(f)(11)(H) Regulations —
The Secretary may prescribe such regulations as may
be necessary or appropriate to carry out the purposes of this paragraph, including
regulations that may provide that some or all of the requirements
of this paragraph do not apply in appropriate cases.
I.R.C. § 170(f)(12) Contributions Of Used Motor Vehicles, Boats, And Airplanes
I.R.C. § 170(f)(12)(A) In General —
In the case of a contribution of a qualified vehicle the claimed value of which exceeds
$500—
I.R.C. § 170(f)(12)(A)(i) —
paragraph (8) shall not apply and no deduction shall be allowed under subsection (a) for such contribution unless the taxpayer substantiates the contribution by a contemporaneous
written acknowledgement of the contribution by the donee organization that meets
the requirements of subparagraph (B) and includes the acknowledgement with the taxpayer's return of tax which includes
the deduction, and
I.R.C. § 170(f)(12)(A)(ii) —
if the organization sells the vehicle without any significant intervening use or
material improvement of such vehicle by the organization, the amount of the deduction
allowed under subsection (a) shall not exceed the gross proceeds received from such
sale.
I.R.C. § 170(f)(12)(B) Content Of Acknowledgement —
An acknowledgement meets the requirements of this subparagraph if it includes the
following information:
I.R.C. § 170(f)(12)(B)(i) —
The name and taxpayer identification number of the donor.
I.R.C. § 170(f)(12)(B)(ii) —
The vehicle identification number or similar number.
I.R.C. § 170(f)(12)(B)(iii) —
In the case of a qualified vehicle to which subparagraph (A)(ii)
applies—
I.R.C. § 170(f)(12)(B)(iii)(I) —
a certification that the vehicle was sold in an arm's length transaction between
unrelated parties,
I.R.C. § 170(f)(12)(B)(iii)(II) —
the gross proceeds from the sale, and
I.R.C. § 170(f)(12)(B)(iii)(III) —
a statement that the deductible amount may not exceed the amount of such gross proceeds.
I.R.C. § 170(f)(12)(B)(iv) —
In the case of a qualified vehicle to which subparagraph (A)(ii)
does not apply—
I.R.C. § 170(f)(12)(B)(iv)(I) —
a certification of the intended use or material improvement of the vehicle and
the intended duration of such use, and
I.R.C. § 170(f)(12)(B)(iv)(II) —
a certification that the vehicle would not be transferred in exchange for money,
other property, or services before completion of such use or improvement.
I.R.C. § 170(f)(12)(B)(v) —
Whether the donee organization provided any goods or services in consideration, in
whole or in part, for the qualified vehicle.
I.R.C. § 170(f)(12)(B)(vi) —
A description and good faith estimate of the value of any goods or services referred
to in clause (v) or, if such goods or services consist solely of intangible religious benefits (as
defined in paragraph (8)(B)), a statement to that effect.
I.R.C. § 170(f)(12)(C) Contemporaneous —
For purposes of subparagraph (A), an acknowledgement shall be considered to be contemporaneous if the donee organization
provides
it within 30 days of—
I.R.C. § 170(f)(12)(C)(i) —
the sale of the qualified vehicle, or
I.R.C. § 170(f)(12)(C)(ii) —
in the case of an acknowledgement including a certification described in subparagraph
(B)(iv), the contribution of the qualified vehicle.
I.R.C. § 170(f)(12)(D) Information To Secretary —
A donee organization required to provide an acknowledgement under this paragraph
shall provide to the Secretary the information
contained in the acknowledgement. Such information shall be provided at such time
and in such manner as the Secretary may prescribe.
I.R.C. § 170(f)(12)(E) Qualified Vehicle —
For purposes of this paragraph, the term “qualified vehicle” means any—
I.R.C. § 170(f)(12)(E)(i) —
motor vehicle manufactured primarily for use on public streets, roads, and highways,
I.R.C. § 170(f)(12)(E)(ii) —
boat, or
I.R.C. § 170(f)(12)(E)(iii) —
airplane.
Such term shall not include any
property which is described in section 1221(a)(1).
I.R.C. § 170(f)(12)(F) Regulations Or Other Guidance —
The Secretary shall prescribe such regulations or other guidance as may be necessary
to carry out the purposes of this paragraph. The Secretary may prescribe regulations
or other guidance which exempts sales by the donee organization which are in direct
furtherance of such organization's charitable purpose from the requirements of
subparagraphs (A)(ii) and (B)(iv)(II).
I.R.C. § 170(f)(13) Contributions Of Certain Interests In Buildings Located In Registered Historic Districts
I.R.C. § 170(f)(13)(A) In General —
No deduction shall be allowed with respect to any contribution
described in subparagraph (B) unless the taxpayer includes with the return for the taxable year of the contribution
a $500 filing fee.
I.R.C. § 170(f)(13)(B) Contribution Described —
A contribution is described in this subparagraph if such contribution is a qualified
conservation contribution (as defined in subsection (h)) which is a restriction with respect to the exterior of a building described in
subsection (h)(4)(C)(ii) and for which a deduction is claimed in excess of $10,000.
I.R.C. § 170(f)(13)(C) Dedication Of Fee —
Any fee collected under this paragraph shall be used for the enforcement of the
provisions of subsection (h).
I.R.C. § 170(f)(14) Reduction For Amounts Attributable To Rehabilitation Credit —
In the case of any qualified conservation contribution
(as defined in subsection (h)), the amount of the deduction allowed under this section shall be reduced by an
amount which bears the same ratio to the fair market value of the contribution as—
I.R.C. § 170(f)(14)(A) —
the sum of the credits allowed to the taxpayer under section 47 for the 5 preceding taxable years with respect to any building which is a part
of such contribution, bears to
I.R.C. § 170(f)(14)(B) —
the fair market value of the building on the date of the contribution.
I.R.C. § 170(f)(15) Special Rule For Taxidermy Property
I.R.C. § 170(f)(15)(A) Basis —
For purposes of this section and notwithstanding section 1012, in the case of a charitable contribution of taxidermy property which is made by
the person who prepared, stuffed, or mounted the property or by any person who paid
or incurred the cost of such preparation, stuffing, or mounting, only the cost of
the preparing, stuffing, or mounting shall be included in the basis of such property.
I.R.C. § 170(f)(15)(B) Taxidermy Property —
For purposes of this section, the term “taxidermy property"
means any work of art which—
I.R.C. § 170(f)(15)(B)(i) —
is the reproduction or preservation of an animal, in whole or in part,
I.R.C. § 170(f)(15)(B)(ii) —
is prepared, stuffed, or mounted for purposes of recreating one or more characteristics
of such animal, and
I.R.C. § 170(f)(15)(B)(iii) —
contains a part of the body of the dead animal.
I.R.C. § 170(f)(16) Contributions Of Clothing And Household Items
I.R.C. § 170(f)(16)(A) In General —
In the case of an individual, partnership, or corporation, no deduction shall be
allowed under subsection (a) for any contribution of clothing or a household item unless such clothing or household
item is in good used condition or better.
I.R.C. § 170(f)(16)(B) Items Of Minimal Value —
Notwithstanding subparagraph (A), the Secretary may by regulation deny a deduction under subsection (a) for any contribution of clothing or a household item which has minimal monetary
value.
I.R.C. § 170(f)(16)(C) Exception For Certain Property —
Subparagraphs (A) and (B) shall not apply to any contribution of a single item of clothing or a household
item for which a deduction of more than $500 is claimed if the taxpayer includes
with the taxpayer's return a qualified appraisal with respect to the property.
I.R.C. § 170(f)(16)(D) Household Items —
For purposes of this paragraph—
I.R.C. § 170(f)(16)(D)(i) In General —
The term “household items” includes furniture, furnishings,
electronics, appliances, linens, and other similar items.
I.R.C. § 170(f)(16)(D)(ii) Excluded Items —
Such term does not include—
I.R.C. § 170(f)(16)(D)(ii)(I) —
food,
I.R.C. § 170(f)(16)(D)(ii)(II) —
paintings, antiques, and other objects of art,
I.R.C. § 170(f)(16)(D)(ii)(III) —
jewelry and gems, and
I.R.C. § 170(f)(16)(D)(ii)(IV) —
collections.
I.R.C. § 170(f)(16)(E) Special Rule For Pass-Thru Entities —
In the case of a partnership or S corporation, this paragraph shall be applied
at the entity level, except that the deduction shall be denied at the partner or
shareholder level.
I.R.C. § 170(f)(17) Recordkeeping —
No deduction shall be allowed under subsection (a) for any contribution of a cash, check, or other monetary gift unless the donor
maintains as a record of such contribution a bank record or a written communication
from the donee showing the name of the donee organization, the date of the contribution,
and the amount of the contribution.
I.R.C. § 170(f)(18) Contributions To Donor Advised Funds —
A deduction otherwise allowed under subsection (a) for any contribution to a donor advised fund (as defined in section 4966(d)(2)) shall only
be allowed if—
I.R.C. § 170(f)(18)(A) —
the sponsoring organization (as defined in section 4966(d)(1))
with respect to such donor advised fund is not—
I.R.C. § 170(f)(18)(A)(i) —
described in paragraph (3), (4), or (5) of subsection (c), or
I.R.C. § 170(f)(18)(A)(ii) —
a type III supporting organization
(as defined in section 4943(f)(5)(A))
which is not a functionally integrated type III supporting organization
(as defined in section 4943(f)(5)(B)),
and
I.R.C. § 170(f)(18)(B) —
the taxpayer obtains a contemporaneous written acknowledgment (determined under
rules similar to the rules of paragraph (8)(C))
from the sponsoring organization (as so defined) of such donor advised fund that
such organization has exclusive legal control over the assets contributed.
I.R.C. § 170(g) Amounts Paid To Maintain Certain Students As Members Of Taxpayer's Household
I.R.C. § 170(g)(1) In General —
Subject to the limitations provided by paragraph (2), amounts paid by the taxpayer
to maintain an individual (other than a dependent, as defined in section 152 (determined without regard to subsections (b)(1), (b)(2), and (d)(1)(B) thereof), or a relative of the taxpayer) as a member of his household during the
period that such individual is—
I.R.C. § 170(g)(1)(A) —
a member of the taxpayer's household under a written agreement between the taxpayer
and an organization described in paragraph (2), (3), or (4) of subsection (c) to implement a program of the organization to provide educational opportunities
for pupils or students in private homes, and
I.R.C. § 170(g)(1)(B) —
a full-time pupil or student in the twelfth or any lower grade at an educational
organization described in section 170(b)(1)(A)(ii) located in the United States, shall be treated as amounts paid for the use of the
organization.
I.R.C. § 170(g)(2) Limitations
I.R.C. § 170(g)(2)(A) Amount —
Paragraph (1) shall apply to amounts paid within the taxable year only to the extent
that such amounts do not exceed $50 multiplied by the number of full
calendar months during the taxable year which fall within the period
described in paragraph (1). For purposes of the preceding sentence, if 15 or more days of a calendar month
fall within such period such month shall be considered as a full calendar month.
I.R.C. § 170(g)(2)(B) Compensation Or Reimbursement —
Paragraph (1) shall not apply to any amount paid by the taxpayer within the taxable year if the
taxpayer receives any money or other property as compensation
or reimbursement for maintaining the individual in his household during the period
described in paragraph (1).
I.R.C. § 170(g)(3) Relative Defined —
I.R.C. § 170(g)(4) No Other Amount Allowed As Deduction —
No deduction shall be allowed under subsection (a) for any amount paid by a taxpayer to maintain an individual as a member of his household
under a program described in paragraph (1)(A) except as provided in this subsection.
I.R.C. § 170(h) Qualified Conservation Contribution
I.R.C. § 170(h)(1) In General —
For purposes of subsection (f)(3)(B)(iii), the term
“qualified conservation contribution” means a contribution—
I.R.C. § 170(h)(1)(A) —
of a qualified real property interest,
I.R.C. § 170(h)(1)(B) —
to a qualified organization,
I.R.C. § 170(h)(1)(C) —
exclusively for conservation purposes.
I.R.C. § 170(h)(2) Qualified Real Property Interest —
For purposes of this subsection, the term “qualified real property interest”
means any of the following interests in real property:
I.R.C. § 170(h)(2)(A) —
the entire interest of the donor other than a qualified mineral interest,
I.R.C. § 170(h)(2)(B) —
a remainder interest, and
I.R.C. § 170(h)(2)(C) —
a restriction (granted in perpetuity)
on the use which may be made of the real property.
I.R.C. § 170(h)(3) Qualified Organization —
For purposes of paragraph (1), the term “qualified organization"
means an organization which—
I.R.C. § 170(h)(3)(A) —
is described in clause (v) or (vi) of subsection (b)(1)(A), or
I.R.C. § 170(h)(3)(B) —
is described in section 501(c)(3) and—
I.R.C. § 170(h)(3)(B)(i) —
meets the requirements of section 509(a)(2), or
I.R.C. § 170(h)(3)(B)(ii) —
meets the requirements of section 509(a)(3) and is controlled by an organization described in subparagraph (A) or in clause (i) of this subparagraph.
I.R.C. § 170(h)(4) Conservation Purpose Defined
I.R.C. § 170(h)(4)(A) In General —
For purposes of this subsection, the term “conservation purpose” means—
I.R.C. § 170(h)(4)(A)(i) —
the preservation of land areas for outdoor recreation by, or the education of, the
general public,
I.R.C. § 170(h)(4)(A)(ii) —
the protection of a relatively natural habitat of fish, wildlife, or plants, or
similar ecosystem,
I.R.C. § 170(h)(4)(A)(iii) —
the preservation of open space (including farmland and forest land) where such preservation
is—
I.R.C. § 170(h)(4)(A)(iii)(I) —
for the scenic enjoyment of the general public, or
I.R.C. § 170(h)(4)(A)(iii)(II) —
pursuant to a clearly delineated Federal, State, or local governmental conservation
policy, and will yield a significant public benefit, or
I.R.C. § 170(h)(4)(A)(iv) —
the preservation of an historically important land area or a certified historic
structure.
I.R.C. § 170(h)(4)(B) Special Rules With Respect To Buildings In Registered Historic Districts —
In the case of any contribution of a qualified real property interest which is a
restriction with respect to the exterior of a building described in subparagraph
(C)(ii), such contribution shall not be considered to be exclusively for conservation purposes
unless—
I.R.C. § 170(h)(4)(B)(i) —
such interest—
I.R.C. § 170(h)(4)(B)(i)(I) —
includes a restriction which preserves the entire exterior of the building (including
the front, sides, rear, and height of the building), and
I.R.C. § 170(h)(4)(B)(i)(II) —
prohibits any change in the exterior of the building which is inconsistent with the
historical character of such exterior,
I.R.C. § 170(h)(4)(B)(ii) —
the donor and donee enter into a written agreement certifying, under penalty of perjury,
that the donee—
I.R.C. § 170(h)(4)(B)(ii)(I) —
is a qualified organization (as defined in paragraph (3)) with a purpose of environmental protection, land conservation, open space
preservation, or historic preservation, and
I.R.C. § 170(h)(4)(B)(ii)(II) —
has the resources to manage and enforce the restriction and a commitment to do so,
and
I.R.C. § 170(h)(4)(B)(iii) —
in the case of any contribution made in a taxable year beginning after the date of
the enactment of this subparagraph, the taxpayer includes with the taxpayer's return
for the taxable year of the contribution—
I.R.C. § 170(h)(4)(B)(iii)(I) —
a qualified appraisal (within the meaning of subsection (f)(11)(E))
of the qualified property interest,
I.R.C. § 170(h)(4)(B)(iii)(II) —
photographs of the entire exterior of the building, and
I.R.C. § 170(h)(4)(B)(iii)(III) —
a description of all restrictions on the development of the building.
I.R.C. § 170(h)(4)(C) Certified Historic Structure —
For purposes of subparagraph (A)(iv), the term “certified historic structure” means—
I.R.C. § 170(h)(4)(C)(i) —
any building, structure, or land area which is listed in the National Register,
or
I.R.C. § 170(h)(4)(C)(ii) —
any building which is located in a registered historic district (as defined in section
47(c)(3)(B)) and is certified by the Secretary of the Interior to the Secretary as being of
historic significance to the district.
A building, structure, or land area satisfies the preceding sentence if it satisfies
such sentence either at the time of the
transfer or on the due date (including extensions) for filing the
transferor's return under this chapter for the taxable year in which the transfer
is made.
I.R.C. § 170(h)(5) Exclusively For Conservation Purposes —
For purposes of this subsection—
I.R.C. § 170(h)(5)(A) Conservation Purpose Must Be Protected —
A contribution shall not be treated as exclusively for conservation purposes unless
the conservation purpose is protected in perpetuity.
I.R.C. § 170(h)(5)(B) No Surface Mining Permitted
I.R.C. § 170(h)(5)(B)(i) In General —
Except as provided in clause (ii), in the case of a contribution of any interest where there is a retention of a qualified
mineral interest, subparagraph (A) shall not be treated as met if at any time there may be extraction or removal of
minerals by any surface mining method.
I.R.C. § 170(h)(5)(B)(ii) Special Rule —
With respect to any contribution of property in which the ownership of the surface
estate and mineral interests has been and remains separated, subparagraph (A) shall be treated as met if the probability of surface mining occurring on such property
is so remote as to be negligible.
I.R.C. § 170(h)(6) Qualified Mineral Interest —
For purposes of this subsection, the term “qualified mineral interest”
means—
I.R.C. § 170(h)(6)(A) —
subsurface oil, gas, or other minerals, and
I.R.C. § 170(h)(6)(B) —
the right to access to such minerals.
I.R.C. § 170(i) Standard Mileage Rate For Use Of Passenger Automobile —
For purposes of computing the deduction under this section for use of a passenger
automobile, the standard mileage rate shall be 14 cents per mile.
I.R.C. § 170(j) Denial Of Deduction For Certain Travel Expenses —
No deduction shall be allowed under this section for traveling expenses (including
amounts expended for meals and lodging)
while away from home, whether paid directly or by reimbursement, unless there is
no significant element of personal pleasure, recreation, or vacation in such travel.
I.R.C. § 170(k) Disallowance Of Deductions In Certain Cases —
[Repealed. Pub. L. 113-295, Div. A, title II, Sec. 221(a)(28)(C).]
I.R.C. § 170(l) Treatment Of Certain Amounts Paid To Or For The Benefit Of Institutions Of Higher
Education
I.R.C. § 170(l)(1) In General —
No deduction shall be allowed under this section for any amount described in paragraph
(2).
I.R.C. § 170(l)(2) Amount Described —
For purposes of paragraph (1), an amount is described in this paragraph if—
I.R.C. § 170(l)(2)(A) —
the amount is paid by the taxpayer to or for the benefit of an educational organization—
I.R.C. § 170(l)(2)(A)(i) —
which is described in subsection (b)(1)(A)(ii), and
I.R.C. § 170(l)(2)(A)(ii) —
which is an institution of higher education (as defined in section 3304(f)), and
I.R.C. § 170(l)(2)(B) —
the taxpayer receives (directly or indirectly)
as a result of paying such amount the right to purchase tickets for seating at an
athletic event in an athletic stadium of such institution.
If any portion of a payment is for the purchase of such
tickets, such portion and the remaining portion (if any) of such payment shall be
treated as separate amounts for purposes of this subsection.
I.R.C. § 170(m) Certain Donee Income From Intellectual Property Treated As An
Additional Charitable Contribution
I.R.C. § 170(m)(1) Treatment As Additional Contribution —
In the case of a taxpayer who makes a qualified intellectual property contribution,
the deduction allowed under subsection (a) for each taxable year of the taxpayer ending on or after the date of such contribution
shall be increased
(subject to the limitations under subsection (b)) by the applicable percentage of qualified donee income with respect to such contribution
which is properly allocable to such year under this subsection.
I.R.C. § 170(m)(2) Reduction In Additional Deductions To Extent Of Initial Deduction —
With respect to any qualified intellectual property contribution, the deduction allowed
under subsection (a) shall be increased under paragraph (1) only to the extent that the aggregate amount of such increases with respect to such
contribution exceed the amount allowed as a deduction under subsection (a) with respect to such contribution
determined without regard to this subsection.
I.R.C. § 170(m)(3) Qualified Donee Income —
For purposes of this subsection, the term “qualified donee income” means
any net income received by or accrued to the donee which is properly allocable to
the qualified intellectual
property.
I.R.C. § 170(m)(4) Allocation Of Qualified Donee Income To Taxable Years Of Donor —
For purposes of this subsection, qualified donee income shall be treated as properly
allocable to a taxable year of the donor if such income is received by or accrued
to the donee for the taxable year of the donee which ends within or with such taxable
year of the donor.
I.R.C. § 170(m)(5) 10-Year Limitation —
Income shall not be treated as properly allocable to qualified intellectual property
for purposes of this subsection if such income is received by or accrued to the donee
after the 10-year period beginning on the date of the contribution of such property.
I.R.C. § 170(m)(6) Benefit Limited To Life Of Intellectual Property —
Income shall not be treated as properly allocable to qualified intellectual property
for purposes of this subsection if such income is received by or accrued to the
donee after the expiration of the legal life of such property.
I.R.C. § 170(m)(7) Applicable Percentage —
For purposes of this subsection, the term “applicable percentage” means
the percentage determined under the following table which corresponds to a taxable
year of the donor ending on or after the date of the qualified intellectual property
contribution:
Taxable Year of Donor Ending on or After Date of Contribution Applicable Percentage 1st 100 2nd 100 3rd 90 4th 80 5th 70 6th 60 7th 50 8th 40 9th 30 10th 20 11th 10 12th 10.
I.R.C. § 170(m)(8) Qualified Intellectual Property Contribution —
For purposes of this subsection, the term “qualified intellectual property
contribution” means any charitable contribution of qualified intellectual
property
I.R.C. § 170(m)(8)(A) —
the amount of which taken into account under this section is reduced by reason
of subsection (e)(1), and
I.R.C. § 170(m)(8)(B) —
with respect to which the donor informs the donee at the time of such contribution
that the donor intends to treat such contribution as a qualified intellectual property
contribution for purposes of this subsection and section 6050L.
I.R.C. § 170(m)(9) Qualified Intellectual Property —
For purposes of this subsection, the term “qualified intellectual property”
means property described in subsection (e)(1)(B)(iii) (other than property contributed to or for the use of an organization described
in subsection (e)(1)(B)(ii)).
I.R.C. § 170(m)(10) Other Special Rules
I.R.C. § 170(m)(10)(A) Application Of Limitations On Charitable Contributions —
Any increase under this subsection of the deduction provided under subsection (a) shall be treated for purposes of subsection (b) as a deduction which is attributable to a charitable contribution to the donee
to which such increase relates.
I.R.C. § 170(m)(10)(B) Net Income Determined By Donee —
The net income taken into account under paragraph (3) shall not exceed the amount of such income reported under section 6050L(b)(1).
I.R.C. § 170(m)(10)(C) Deduction Limited To 12 Taxable Years —
Except as may be provided under subparagraph (D)(i), this subsection shall
not apply with respect to any qualified intellectual property contribution for any
taxable year of the donor after the 12th taxable year of the donor which ends on
or after the date of such contribution.
I.R.C. § 170(m)(10)(D) Regulations —
The Secretary may issue regulations or other guidance to carry out the purposes of
this subsection, including regulations or guidance—
I.R.C. § 170(m)(10)(D)(i) —
modifying the application of this subsection in the case of a donor or donee with
a short taxable year, and
I.R.C. § 170(m)(10)(D)(ii) —
providing for the determination of an amount to be treated as net income of the donee
which is properly allocable to qualified intellectual property in the case of a donee
who uses such property to further a purpose or function constituting the basis of
the donee's exemption under section 501 (or, in the case of a governmental
unit, any purpose described in section 170(c)) and does not possess a right to receive any payment from a third party with respect
to such property.
I.R.C. § 170(n) Expenses Paid By Certain Whaling Captains In Support Of Native Alaskan Subsistence
Whaling
I.R.C. § 170(n)(1) In General —
In the case of an individual who is recognized by the Alaska Eskimo Whaling Commission
as a whaling captain charged with the responsibility of maintaining and carrying out
sanctioned whaling activities and who engages in such activities during the taxable
year, the amount described in paragraph (2) (to the extent such amount does not exceed $10,000 for the taxable year) shall be
treated for purposes of this section as a charitable contribution.
I.R.C. § 170(n)(2) Amount Described
I.R.C. § 170(n)(2)(A) In General —
The amount described in this paragraph is the aggregate of the reasonable and necessary
whaling expenses paid by the taxpayer
during the taxable year in carrying out sanctioned whaling activities.
I.R.C. § 170(n)(2)(B) Whaling Expenses —
For purposes of subparagraph (A), the term “whaling expenses” includes expenses for—
I.R.C. § 170(n)(2)(B)(i) —
the acquisition and maintenance of whaling boats, weapons, and gear used in sanctioned
whaling activities,
I.R.C. § 170(n)(2)(B)(ii) —
the supplying of food for the crew and other provisions for carrying out such activities,
and
I.R.C. § 170(n)(2)(B)(iii) —
storage and distribution of the catch from such activities.
I.R.C. § 170(n)(3) Sanctioned Whaling Activities —
For purposes of this subsection, the term “sanctioned whaling activities”
means subsistence bowhead whale hunting activities conducted pursuant to the management
plan of the Alaska Eskimo Whaling Commission.
I.R.C. § 170(n)(4) Substantiation Of Expenses —
The Secretary shall issue guidance requiring that the taxpayer substantiate the
whaling expenses for which a deduction is claimed under this subsection, including
by maintaining appropriate written records with respect to the time, place, date,
amount, and nature of the expense, as well as the taxpayer's eligibility for such
deduction, and that (to the extent provided by the Secretary)
such substantiation be provided as part of the taxpayer's return of tax.
I.R.C. § 170(o) Special Rules For Fractional Gifts
I.R.C. § 170(o)(1) Denial Of Deduction In Certain Cases
I.R.C. § 170(o)(1)(A) In General —
No deduction shall be allowed for a contribution of an undivided portion of a taxpayer's
entire interest in tangible personal property unless all interests in the property
are held immediately before such contribution by—
I.R.C. § 170(o)(1)(A)(i) —
the taxpayer, or
I.R.C. § 170(o)(1)(A)(ii) —
the taxpayer and the donee.
I.R.C. § 170(o)(1)(B) Exceptions —
The Secretary may, by regulation, provide for exceptions to subparagraph (A) in cases where all persons who hold an interest in the property make proportional
contributions of an undivided portion of the entire interest held by such persons.
I.R.C. § 170(o)(2) Valuation Of Subsequent Gifts —
In the case of any additional contribution, the fair market value of such contribution
shall be determined by using the lesser of—
I.R.C. § 170(o)(2)(A) —
the fair market value of the property at the time of the initial fractional contribution,
or
I.R.C. § 170(o)(2)(B) —
the fair market value of the property at the time of the additional contribution.
I.R.C. § 170(o)(3) Recapture Of Deduction In Certain Cases; Addition To Tax
I.R.C. § 170(o)(3)(A) Recapture —
The Secretary shall provide for the recapture of the amount of any deduction allowed
under this section (plus interest)
with respect to any contribution of an undivided portion of a taxpayer's entire
interest in tangible personal property—
I.R.C. § 170(o)(3)(A)(i) —
in any case in which the donor does not contribute all of the remaining interests
in such property to the donee (or, if such donee is no longer in existence, to any
person described in section 170(c))
on or before the earlier of--
I.R.C. § 170(o)(3)(A)(i)(I) —
the date that is 10 years after the date of the initial fractional contribution,
or
I.R.C. § 170(o)(3)(A)(i)(II) —
the date of the death of the donor, and
I.R.C. § 170(o)(3)(A)(ii) —
in any case in which the donee has not, during the period beginning on the date
of the initial fractional contribution and ending on the date described in clause
(i)—
I.R.C. § 170(o)(3)(A)(ii)(I) —
had substantial physical possession of the property, and
I.R.C. § 170(o)(3)(A)(ii)(II) —
used the property in a use which is related to a purpose or function constituting
the basis for the organizations' exemption under section 501.
I.R.C. § 170(o)(3)(B) Addition To Tax —
The tax imposed under this chapter for any taxable year for which there is a recapture
under subparagraph (A) shall be increased by 10 percent of the amount so recaptured.
I.R.C. § 170(o)(4) Definitions —
For purposes of this subsection—
I.R.C. § 170(o)(4)(A) Additional Contribution —
The term “additional contribution” means any charitable contribution
by the taxpayer of any interest in property with respect to which the taxpayer has
previously made an initial fractional
contribution.
I.R.C. § 170(o)(4)(B) Initial Fractional Contribution —
The term “initial fractional contribution” means, with respect to any
taxpayer, the first charitable contribution of an undivided portion of the taxpayer's
entire interest in any tangible personal property.
I.R.C. § 170(p) Other Cross References
I.R.C. § 170(p)(1) —
For treatment of certain organizations providing child care, see section 501(k).
I.R.C. § 170(p)(2) —
For charitable contributions of estates and trusts, see section 642(c).
I.R.C. § 170(p)(3) —
For nondeductibility of contributions by common trust funds, see section 584.
I.R.C. § 170(p)(4) —
For charitable contributions of partners, see section 702.
I.R.C. § 170(p)(5) —
For charitable contributions of nonresident aliens, see section 873.
I.R.C. § 170(p)(6) —
For treatment of gifts for benefit of or use in connection with the Naval Academy
as gifts to or for use of the United States, see section 8473 of title 10, United
States Code.
I.R.C. § 170(p)(7) —
For treatment of gifts accepted by the Secretary of State, the Director of the International
Communication Agency, or the Director of the United States International Development
Cooperation Agency, as gifts to or for the use of the United States, see section
25 of the State Department Basic Authorities Act of 1956.
I.R.C. § 170(p)(8) —
For treatment of gifts of money accepted by the Attorney General for credit to the
“Commissary Funds Federal Prisons” as gifts to or for the use of the
United States, see section 4043 of title 18, United States Code.
I.R.C. § 170(p)(9) —
For charitable contributions to or for the use of Indian tribal governments (or their
subdivisions), see section 7871.
(Aug. 16, 1954, ch. 736, 68A Stat. 58; Aug. 7, 1956, ch. 1031, Sec. 1, 70 Stat. 1117;
Sept. 2, 1958, Pub. L. 85-866, title I, Sec. 10(a), 11, 12(a), 72 Stat. 1609, 1610; Sept. 14, 1960, Pub. L. 86-779, Sec. 7(a), 74 Stat. 1002; Oct. 16, 1962, Pub. L. 87-834, Sec. 13(d), 76 Stat. 1034; Oct. 23, 1962, Pub. L. 87-858, Sec. 2(a), (b), 76 Stat. 1134; Feb. 26, 1964, Pub. L. 88-272, title II, Sec. 209(a),
(b), (c)(1), (d)(1), (e), 231(b)(1), 78 Stat. 43, 45-47, 105; Sept. 12, 1966, Pub. L. 89-570, Sec. 1(b)(1), 80 Stat. 762; Dec. 30, 1969, Pub. L. 91-172, title I, Sec. 101(j)(2), title II, Sec. 201(a)(1), (2)(A), (h)(1), 83 Stat. 526, 549, 558, 565; Oct. 4, 1976, Pub. L. 94-455, title II, Sec. 205(c)(1)(A), title X, Sec. 1052(c)(2), title XIII, Sec. 1307(c),
(d)(1)(B)(i), 1313(b)(1), title XIX, Sec. 1901(a)(28), (b)(8)(A), 1906(b)(13)(A),
title XXI, Sec. 2124(e)(1), 2135(a), 90 Stat. 1535, 1648, 1726, 1727, 1730, 1768, 1794, 1834, 1919, 1928; May 23, 1977, Pub. L. 95-30, title III, Sec. 309(a), 91 Stat. 154;
Nov. 6, 1978, Pub. L. 95-600, title IV, Sec. 402(b)(2), 403(c)(1), 92 Stat. 2868; Oct. 17, 1980, Pub. L. 96-465, title II, Sec. 2206(e)(2), 94 Stat. 2162; Dec. 17, 1980, Pub. L. 96-541, Sec. 6(a), (b),
94 Stat. 3206; Aug. 13, 1981, Pub. L. 97-34, title I, Sec. 121(a), title II, Sec. 222(a), 263(a), 95 Stat. 196, 248, 264; Sept. 3, 1982, Pub. L. 97-248, title II, Sec. 286(b)(1), 96 Stat. 570; Sept. 13, 1982, Pub. L. 97-258, Sec. 3(f)(1), 96 Stat. 1064; Oct. 19, 1982, Pub. L. 97-354, Sec. 5(a)(21), 96 Stat. 1694; Jan. 12, 1983, Pub. L. 97-448, title I, Sec. 102(f)(7), 96 Stat. 2372; Jan. 14, 1983, Pub. L. 97-473, title II, Sec. 202(b)(4), 96 Stat. 2609; July 18, 1984, Pub. L. 98-369, div. A, title I,
Sec. 174(b)(5)(A), title III, Sec. 301(a)-(c), title IV, Sec. 492(b)(1),
title X, Sec. 1022(b), 1031(a), 1032(b)(1), 1035(a), 98 Stat. 707, 777, 778, 854, 1028, 1033, 1042; Oct. 22, 1986, Pub. L. 99-514, title I, Sec. 142(d), title II, Sec. 231(f), title III, Sec. 301(b)(2), title XVIII,
Sec. 1831, 100 Stat. 2120, 2180, 2217, 2851; Dec. 22, 1987, Pub. L. 100-203, title X, Sec. 10711(a)(1), 101 Stat. 1330-464; Nov. 10, 1988, Pub. L. 100-647, title VI, Sec. 6001(a), 102 Stat. 3683; Nov. 5, 1990, Pub. L. 101-508, title XI, Sec. 11801(a)(11), (c)(5), 11813(b)(10), 104 Stat. 1388-520, 1388-523, 1388-554;
Aug. 10, 1993, Pub. L. 103-66, title XIII, Sec. 13172(a), 13222(b); Aug. 20, 1996, Pub. L. 104-188, Sec. 1206(a), 1316(b), 110 Stat. 1755; Pub. L. 105-34, title II, V, VI, IX, Sec. 224(a), 508(d), 602(a), 973(a), Aug. 5, 1997, 111 Stat 788; Pub. L. 105-206, title VI, Sec. 6004(e), July 22, 1998, 112 Stat 685; Pub. L. 105-277, title I, Sec. 1004(a), Oct. 21, 1998, 112 Stat 2681; Pub. L. 106-170, title V, Sec. 532(c), 537(a), Dec. 17, 1999, 113 Stat 1860; Pub. L. 106-554, Sec. 165, Dec. 21, 2000, 114 Stat. 2763; Pub. L. 107-16, title V, Sec. 542(e), June 7, 2001, 115 Stat. 38; Pub. L. 107-147, title IV, Sec. 417, Mar. 9, 2002, 116 Stat. 21; Pub. L. 108-311, title II, III, Sec. 207, 306(a), Oct. 4, 2004, 118 Stat. 1166; Pub. L. 108-357, title III, IV,
VIII, Sec. 335(a), 413(c)(30), 882, 883(a), 884(a), Oct. 22, 2004, 118 Stat. 1418; Sept. 23, 2005, Pub. L. 109-73, title III, Sec. 305, 306, 119 Stat. 2016; Dec. 21, 2005, Pub. L. 109-135, title IV, Sec. 403(a)(16), (gg), 119 Stat. 2577; May 17, 2006, Pub. L. 109-222, title II, Sec. 204(b), 120 Stat. 345; Aug. 17, 2006, Pub. L. 109-280, title XII, Sec.
1202, 1204, 1206, 1213, 1214, 1215, 1216, 1217, 1218, 1219, 1234, 120 Stat. 780; Dec. 20, 2006, Pub. L. 109-432, div. A, title I, Sec. 116, 120 Stat. 2922;
Dec. 29, 2007, Pub. L. 110-172, Sec. 3(c), 11(a)(14), 11(a)(15), 11(a)(16), 121 Stat. 2473; June 18, 2008, Pub. L. 110-246, title XV, Sec. 15302(a), 122 Stat. 1651; Pub. L. 110-343, div. C, title III, Sec. 321(a), 323, 324, Oct. 3, 2008, 122 Stat. 3765; Pub. L. 111-312, title III, Sec. 301(a), title VII, Sec. 723, 740(a), 741(a), 742(a), Dec. 17, 2010,
124 Stat. 3296; Pub. L. 112-240, title II, III, Sec. 206, 314(a), Jan. 2, 2013, 126 Stat. 2313; Pub. L. 113-295, Div. A, title I, Sec. 106, 126(a), title II, Sec. 221(a)(28), Dec. 19, 2014, 128 Stat. 4010; Pub. L. 114-41, title II, Sec. 2006(a)(2)(A), July 31, 2015, 129 Stat. 443; Pub. L. 114-113, Div. Q, title I, Sec. 111, 113, title III, Sec. 331(a), Dec. 18, 2015; Pub. L. 115-97, title I, Sec. 11011(d)(5), 11023(a), 13305(b)(2), 13704(a), 13705(a), Dec. 22, 2017,
131 Stat. 2054; Pub. L. 115-141, Div. U, title IV, Sec. 401(a)(52), (b)(14), Mar. 23, 2018, 132 Stat. 348; Pub. L. 115-232, Div. A, title VIII, Sec. 809(h)(1), Aug. 13, 2018.)
BACKGROUND NOTES
AMENDMENTS
2018--Subsec.
(p)(6). Pub. L. 115-232, Sec. 809(h)(1), amended par. (6) by substituting “section 8473 of title 10,
United States Code” for “section 6973 of title 10, United States Code”.
Subsec. (b)(1)(A)(ix). Pub. L. 115-141, Div. U, Sec. 401(a)(52), amended clause (ix)
by inserting “National” before “Agricultural”.
Subsec. (e)(3). Pub. L. 115-141, Div. U, Sec. 401(b)(14), amended par. (3) by striking subpar. (D) and redesignating
subpar. (E) as subpar. (D). Before being struck, subpar. (D) read as follows:
“(D) Special Rule For Contributions Of Book Inventory To Public Schools.—
“(i) Contributions Of Book Inventory.—In determining whether a qualified
book contribution is a qualified contribution, subparagraph (A) shall be applied without
regard to whether the donee is an organization described in the matter preceding clause
(i) of subparagraph (A).
“(ii) Qualified Book Contribution.—For purposes of this paragraph, the
term “qualified book contribution”
means a charitable contribution of books to a public school which is an educational
organization described in subsection (b)(1)(A)(ii)
and which provides elementary education or secondary education (kindergarten through
grade 12).
“(iii) Certification By Donee.—Subparagraph
(A) shall not apply to any contribution of books unless (in addition to the certifications
required by subparagraph (A) (as modified by this subparagraph)), the donee certifies
in writing that—
“(I) the books are suitable, in terms of currency, content, and quantity, for
use in the donee's educational programs, and
“(II) the donee will use the books in its educational programs.
“(iv) Termination.—This subparagraph shall not apply to contributions
made after December 31, 2011.”
2017--Subsec. (b)(1)(G)-(H). Pub. L. 115-97, Sec. 11023(a), amended par. (1) by redesignating subpar. (G) as subpar. (H) and by adding a new
subpar. (G).
Subsec. (b)(2)(D)(iv)-(vi). Pub. L. 115-97, Sec. 11011(d)(5), amended subpar. (D) by striking “and” at the end of clause
(iv), by striking the period at the end of clause (v), and by adding clause (vi).
Subsec. (b)(2)(D)(iv)-(vi). Pub. L. 115-97, Sec. 13305(b)(2), amended subpar. (D) by striking clause (iv) and by redesignating clauses
(v) and (vi) as clauses (iv) and (v), respectively. Before being struck, clause (iv)
read as follows:
“(iv) section 199,”.
Subsec. (f)(8)(D)-(E). Pub. L. 115-97, Sec. 13705(a), amended par. (8) by striking subpar. (D) and by redesignating subpar.
(E) as subpar. (D). Before being struck, subpar. (D) read as follows:
“(D) Substantiation Not Required For Contributions Reported By The Donee Organization.—
Subparagraph (A) shall not apply to a contribution if the donee organization files
a return, on such form and in accordance with such regulations as the Secretary may
prescribe, which includes the information described in subparagraph
(B) with respect to the contribution.”
Subsec. (l)(1). Pub. L. 115-97, Sec. 13704(a)(1), amended par. (1). Before amendment, it read as follows:
“(1) In General.—For purposes of this section, 80 percent of any amount
described in paragraph (2) shall be treated as a charitable contribution.”
Subsec. (l)(2)(B). Pub. L. 115-97, Sec. 13704(a)(2), amended subpar. (B) by striking “such amount would be allowable as a deduction
under this section but for the fact that”.
2015--Subsec. (b)(1)(A)(vii)-(ix). Pub. L. 114-113, Div. Q, Sec. 331(a), amended subpar. (A) by striking “or” at the end
of clause (vii), by substituting “, or” for the period at the end of clause
(viii) (Note that there was no period at the end of clause (viii)), and by adding
clause (ix).
Subsec. (b)(1)(E)(vi). Pub. L. 114-113, Div. Q, Sec. 111(a)(1), amended subpar. (E)
by striking clause (vi). Before being struck, it read as follows:
“(vi) Termination.—This subparagraph shall not apply to any contribution
made in taxable years beginning after December 31, 2014.”
Subsec. (b)(2)(A). Pub. L. 114-113, Div. Q, Sec. 111(b)(2)(A), amended subpar. (A)
by substituting “subparagraph (B) or (C) applies” for “subparagraph
(B) applies”.
Subsec. (b)(2)(B)(ii). Pub. L. 114-113, Div. Q, Sec. 111(b)(2)(B), amended clause (ii)
by substituting “15 succeeding taxable years” for “15 succeeding
years”.
Subsec. (b)(2)(B)(iii). Pub. L. 114-113, Div. Q, Sec. 111(a)(2), amended subpar. (B)
by striking clause (iii). Before being struck, it read as follows:
“(iii) Termination.—This subparagraph shall not apply to any contribution
made in taxable years beginning after December 31, 2014.”
Subsec. (b)(2)(C)-(D). Pub. L. 114-113, Div. Q, Sec. 111(b)(1), amended par. (2) by redesignating subpar. (C) as subpar.
(D) and by adding a new subpar.
(C).
Subsec. (e)(3)(C)(ii). Pub. L. 114-113, Div. Q, Sec. 113(b), amended subpar. (C) by striking clause (ii). Before being struck,
it read as follows:
“(ii) Limitation.— In the case of a taxpayer other than a C corporation,
the aggregate amount of such contributions for any taxable year which may be taken
into account
under this section shall not exceed 10 percent of the taxpayer's aggregate net income
for such taxable year from all trades or businesses from which such contributions
were made for such year, computed without regard to this section.”
Subsec. (e)(3)(C)(iii). Pub. L. 114-113, Div. Q, Sec. 113(b), amended subpar. (C) by redesignating clause (iii) as clause
(vi).
Subsec. (e)(3)(C)(iv). Pub. L. 114-113, Div. Q, Sec. 113(a), amended subpar. (C) by striking clause (iv). Before being struck,
it read as follows:
“(iv) Termination.—This subparagraph shall not apply to contributions
made after December 31, 2014.”
Subsec. (e)(3)(C)(ii)-(v). Pub. L. 114-113, Div. Q, Sec. 113(b), amended subpar. (C) be adding clauses (ii), (iii), (iv), and
(v).
Subsec. (a)(2)(B). Pub. L. 114-41, Sec. 2006(a)(2)(A), amended subpar. (B) by substituting “fourth month” for “third
month”.
2014 - Subsec. (b)(1)(E)(vi). Pub. L. 113-295, Div. A, Sec. 106(a), amended clause (vi) by substituting “December 31, 2014”
for “December 31, 2013”.
Subsec. (b)(2)(B)(iii). Pub. L. 113-295, Div. A, Sec. 106(b), amended clause (iii) by substituting “December 31, 2014”
for “December 31, 2013”.
Subsec. (b)(3). Pub. L. 113-295, Div. A, Sec. 221(a)(28)(A), amended subsec.
(b) by striking par. (3). Before being struck, it read as follows:
“(3) Temporary Suspension Of Limitations On Charitable Contributions.—In
the case of a qualified farmer or rancher (as defined in paragraph (1)(E)(v)), any
charitable contribution of food—
“(A) to which subsection (e)(3)(C) applies
(without regard to clause (ii) thereof), and
“(B) which is made during the period beginning on the date of the enactment
of this paragraph and before January 1, 2009,
“shall be treated for purposes of paragraph
(1)(E) or (2)(B), whichever is applicable, as if it were a qualified conservation
contribution which is made by a qualified farmer or rancher and which otherwise meets
the requirements of such paragraph.”
Subsec. (e)(3)(C)(iv). Pub. L. 113-295, Div. A, Sec. 126(a), amended clause (iv) by substituting “December 31, 2014”
for “December 31, 2013”.
Subsec. (e)(6). Pub. L. 113-295, Div. A, Sec. 221(a)(28)(B), amended subsec.
(e) by striking par. (6). Before being struck, it read as follows:
“(6) Special Rule For Contributions Of Computer Technology And Equipment For
Educational Purposes.—
“(A) Limit On Reduction.—In the case of a qualified computer contribution,
the reduction under paragraph
(1)(A) shall be no greater than the amount determined under paragraph
(3)(B).
“(B) Qualified Computer Contribution.—For purposes of this paragraph,
the term “qualified computer contribution”
means a charitable contribution by a corporation of any computer technology or equipment,
but only if—
“(i) the contribution is to—
“(I) an educational organization described in subsection (b)(1)(A)(ii),
“(II) an entity described in section 501(c)(3)
and exempt from tax under section 501(a) (other than an entity described in subclause
(I)) that is organized primarily for purposes of supporting elementary and secondary
education, or
“(III) a public library (within the meaning of section 213(2)(A) of the Library
Services and Technology Act (20 U.S.C. 9122(2)(A)), as in effect on the date of the enactment of the Community Renewal Tax Relief Act
of 2000), established and maintained by an entity described in subsection (c)(1),
“(ii) the contribution is made not later than 3 years after the date the taxpayer
acquired the property (or in the case of property constructed or assembled by the
taxpayer, the date the construction or assembling of the property is substantially
completed),
“(iii) the original use of the property is by the donor or the donee,
“(iv) substantially all of the use of the property by the donee is for use
within the United States for educational purposes that are related to the purpose
or function of the donee,
“(v) the property is not transferred by the donee in exchange for money, other
property, or services, except for shipping, installation and transfer costs,
“(vi) the property will fit productively into the donee's education plan,
“(vii) the donee's use and disposition of the property will be in accordance
with the provisions of clauses
(iv) and (v), and
“(viii) the property meets such standards, if any, as the Secretary may prescribe
by regulation to assure that the property meets minimum functionality and suitability
standards for educational purposes.
“(C) Contribution To Private Foundation.—A contribution by a corporation
of any computer technology or equipment to a private foundation (as defined in section
509) shall be treated as a qualified computer contribution for purposes of this paragraph
if—
“(i) the contribution to the private foundation satisfies the requirements
of clauses (ii) and (v) of subparagraph
(B), and
“(ii) within 30 days after such contribution, the private foundation—
“(I) contributes the property to a donee described in clause (i) of subparagraph
(B) that satisfies the requirements of clauses (iv) through (vii) of subparagraph
(B), and
“(II) notifies the donor of such contribution.
“(D) Donations Of Property Reacquired By Manufacturer.—In the case of
property which is reacquired by the person who constructed or assembled the property—
“(i) subparagraph (B)(ii) shall be applied to a contribution of such property
by such person by taking into account the date that the original construction or assembly
of the property was substantially completed, and
“(ii) subparagraph (B)(iii) shall not apply to such contribution.
“(E) Special Rule Relating To Construction Of Property.—For the purposes
of this paragraph, the rules of paragraph (4)(C) shall apply.
“(F) Definitions.—For the purposes of this paragraph—
“(i) Computer Technology Or Equipment.—The term “computer technology
or equipment” means computer software (as defined by section 197(e)(3)(B)),
computer or peripheral equipment (as defined by section 168(i)(2)(B)), and fiber optic
cable related to computer use.
“(ii) Corporation.—The term “corporation”
has the meaning given to such term by paragraph (4)(D).
“(G) Termination.—This paragraph shall not apply to any contribution made
during any taxable year beginning after December 31, 2011.”
Subsec. (k). Pub. L. 113-295, Div. A, Sec. 221(a)(28)(C), struck subsec.
(k). Before being struck, it read as follows:
“(k) Disallowance Of Deductions In Certain Cases.—For disallowance of
deductions for contributions to or for the use of communist controlled organizations,
see section 11(a) of the Internal Security Act of 1950 (50 U.S.C. 790).”
2013--Subsec. (b)(1)(E)(vi). Pub. L. 112-240, Sec. 206(a), amended clause (vi) by substituting “December 31, 2013”
for “December 31, 2011”.
Subsec. (b)(2)(B)(iii). Pub. L. 112-240, Sec. 206(b), amended clause (iii) by substituting “December 31, 2013”
for “December 31, 2011”.
Subsec. (e)(3)(C)(iv). Pub. L. 112-240, Sec. 314(a), amended clause (iv) by substituting “December 31, 2013”
for “December 31, 2011”.
2010
- Subsec. (b)(1)(E)(vi). Pub. L. 111-312, Sec. 723(a), amended clause (vi) by substituting “December 31, 2011” for “December
31, 2009”.
Subsec.
(b)(2)(B)(iii). Pub. L. 111-312, Sec. 723(b), amended clause (iii) by substituting “December 31, 2011” for “December
31, 2009”.
Subsec. (e)(1). Pub. L. 111-312, Sec. 301(a), amended par. (1) to read as it would read if subtitle E of title V of Pub. L. 107-16 had never been enacted. Pub. L. 107-16, Sec. 542(e)(2)(B), added the following sentence to the end of par. (1):
“For purposes of this paragraph, the determination of whether property is a
capital asset shall be made without regard to the exception contained in section 1221(a)(3)(C)
for basis determined under section 1022.”
Subsec. (e)(3)(C)(iv). Pub. L. 111-312, Sec. 740(a), amended clause (iv) by substituting “December 31, 2011”
for “December 31, 2009”.
Subsec. (e)(3)(D)(iv). Pub. L. 111-312, Sec. 741(a), amended clause (iv) by substituting “December 31, 2011”
for “December 31, 2009”.
Subsec. (e)(6)(G). Pub. L. 111-312, Sec. 742(a), amended subpar. (G) by substituting “December 31, 2011”
for “December 31, 2009”.
2008--Subsec. (b)(3). Pub. L. 110-343, Div. C, Sec. 323(b)(1), amended subsec. (b) by adding par. (3).
Subsec. (e)(3)(C)(iv). Pub. L. 110-343, Div. C, Sec, 323(a)(1), amended clause (iv) by substituting “December 31,
2009”
for “December 31, 2007”.
Subsec. (e)(3)(D)(iii). Pub. L. 110-343, Div. C, Sec. 324(b), amended clause (iii) by inserting “of books” after
“to any contribution”.
Subsec. (e)(3)(D)(iv). Pub. L. 110-343, Div. C, Sec. 324(a), amended clause (iv) by substituting “December 31, 2009”
for “December 31, 2007”.
Subsec. (e)(6)(G). Pub. L. 110-343, Div. C, Sec. 321(a), amended subpar.
(G) by substituting “December 31, 2009” for “December 31, 2007”.
Subsec. (b)(1)(E)(vi). Pub. L. 110-246, Sec. 15302(a)(1), amended clause (vi) by substituting “December 31, 2009”
for “December 31, 2007”.
Subsec. (b)(2)(B)(iii). Pub. L. 110-246, Sec. 15302(a)(2), amended clause (iii) by substituting “December 31, 2009”
for “December 31, 2007”.
2007--Subsec. (b)(1)(A)(vii). Pub. L. 110-172, Sec. 11(a)(14)(A), amended clause (vii) by substituting “subparagraph (F)”
for “subparagraph (E)”.
Subsec. (e)(1)(B)(i)(II). Pub. L. 110-172, Sec. 11(a)(15), amended subclause (II) by inserting “, but without regard to clause (ii) thereof”
after “paragraph (7)(C)”.
Subsec. (e)(1)(B)(ii). Pub. L. 110-172, Sec. 11(a)(14)(B), amended clause (ii) by substituting “subsection (b)(1)(F)”
for “subsection (b)(1)(E)”.
Subsec. (e)(7)(D)(i)(I). Pub. L. 110-172, Sec. 3(c), amended subclause (I) by substituting “substantial and related”
for “related”.
Subsec. (o)(1)(A). Pub. L. 110-172, Sec. 11(a)(16)(A), amended subpar. (A) by substituting “all interests in the property are”
for “all interest in the property is”.
Subsec. (o)(3)(A)(i). Pub. L. 110-172, Sec. 11(a)(16)(B), amended clause (i) by substituting “interests” for “interest”
and on or before” for “before”.
2006 - Subsec. (e)(4)(B)(ii). Pub. L. 109-432, Sec. 116(b)(1)(A), amended clause (ii) by inserting “or assembled” after “constructed”.
Subsec. (e)(4)(B)(iii). Pub. L. 109-432, Sec. 116(b)(1)(B), amended clause (iii) by inserting “or assembly” after “construction.
Subsec. (e)(6)(B)(ii). Pub. L. 109-432, Sec. 116(b)(2)(A), amended clause (ii) by inserting “or assembled” after “constructed"
and “or assembling” after “construction”.
Subsec. (e)(6)(D). Pub. L. 109-432, Sec. 116(b)(2)(B), amended subpar. (D) by inserting “or assembled” after “constructed"
and “or assembly” after “construction”.
Subsec. (e)(6)(G). Pub. L. 109-432, Sec. 116(a), amended subpar. (G) by substituting “2007” for “2005”.
Subsec. (a)(1)(E)-(F). Pub. L. 109-280, Sec. 1206(a)(1), redesignated subpar. (E) and (F) as subpar. (F) and (G), respectively, and added
subpar. (E).
Subsec. (b)(2). Pub. L. 109-280, Sec. 1206(a)(2), amended par. (2). Before being amended, par. (2) read as follows:
“(2) Corporations
“In the case of a corporation, the total deductions under subsection (a) for
any taxable year shall not exceed 10 percent of the taxpayer's taxable income computed
without regard to--
“(A) this section,
“(B) part VIII (except section 248),
“(C) section 199,
“(D) any net operating loss carryback to the taxable year under section 172,
and
“(E) any capital loss carryback to the taxable year under section 1212(a)(1).”
Subsec. (d)(2). Pub. L. 109-280, Sec. 1206(b)(1), amended par. (2) by substituting “subsection (b)(2)(A)” for “subsection
(b)(2)” each place it appeared.
Subsec. (e)(1)(B)(i). Pub. L. 109-280, Sec. 1215(a)(1), amended clause (i). Before amendment, it read as follows:
“(i) of tangible personal property, if the use by the donee is unrelated to
the purpose or function constituting the basis for its exemption under section 501
(or, in the case of a governmental unit, to any purpose or function described in subsection
(c)),”.
Subsec. (e)(1)(B)(ii)-(iv). Pub. L. 109-280, Sec. 1214(a), amended subpar. (B) by striking “or” at the end of clause (ii), by inserting
“or” at the end of clause (iii), and by adding clause (iv).
Subsec. (e)(3)(C)(iv). Pub. L. 109-280, Sec. 1202(a), amended clause (iv) by substituting “2007” for “2005”.
Subsec. (e)(3)(D)(iv). Pub. L. 109-280, Sec. 1204(a), amended clause (iv) by substituting “2007” for “2005”.
Subsec. (e)(7). Pub. L. 109-280, Sec. 1215(a)(2), added par. (7).
Subsec. (f)(11)(E). Pub. L. 109-280, Sec. 1219(c)(1), amended subpar. (E). Before amendment, it read as follows:
“(E) QUALIFIED APPRAISAL-
“For purposes of this paragraph, the term
‘qualified appraisal’ means, with respect to any property, an appraisal
of such property which is treated for purposes of this paragraph as a
qualified appraisal under regulations or other guidance prescribed by the Secretary.”
Subsec. (f)(13). Pub. L. 109-280, Sec. 1213(c), added par. (13).
Subsec. (f)(14). Pub. L. 109-280, Sec. 1213(d), added par. (14).
Subsec. (f)(15). Pub. L. 109-280, Sec. 1214(b), added par. (15).
Subsec. (f)(16). Pub. L. 109-280, Sec. 1216(a), added par. (16).
Subsec. (f)(17). Pub. L. 109-280, Sec. 1217(a), added par. (17).
Subsec. (f)(18). Pub. L. 109-280, Sec. 1234(a), added par. (18).
Subsec. (h)(4)(B)-(C). Pub. L. 109-280, Sec. 1213(a)(1), amended par. (4) by redesignating subpar. (B) as subpar. (C) and by adding subpar.
(B).
Subsec. (h)(4)(C). Pub. L. 109-280, Sec. 1213(b), amended subpar. (C) by striking “any building, structure, or land area which”
in the matter preceding clause (i); by inserting “any building, structure, or
land area which” before “is listed” in clause
(i); and by inserting “any building which” before “is located”
in clause (ii).
Subsec. (o)-(p). Pub. L. 109-280, Sec. 1218(a), redesignated subsec. (o) as subsec. (p) and added a subsec. (o).
Subsec. (e)(1)(A). Pub. L. 109-222, Sec. 204(b), amended subpar. (A) by inserting “(determined without regard to section 1221(b)(3))”
after “long-term capital gain”.
2005--Subsec. (b)(2)(C)-(E). Pub. L. 109-135, Sec. 403(a)(15), redesignated subpar. (C) and (D) as subpar. (D) and (E), respectively, and added
a new subpar. (C).
Subsec. (f)(12)(B)(v), (vi). Pub. L. 109-135, Sec. 403(gg), added clauses (v) and (vi).
Subsec. (e)(3)(C)-(D). Pub. L. 109-73, Sec. 305(a), redesignated subpar. (C) as subpar. (D) and added subpar. (C).
Subsec. (e)(3)(D)-(E). Pub. L. 109-73, Sec. 306(a), redesignated subpar. (D), as redesignated by P.L. 109-73, Sec. 305(a), as subpar. (E) and added subpar. (D).
2004--Subsec. (e)(1)(B)(i)-(iii). Pub. L. 108-357, Sec. 882(a), amended subpar. (B) by striking “or” at the end of clause (i); by substituting
“or” for the period at the end of clause (ii); and by adding clause (iii).
Subsec. (f)(10)(A). Pub. L. 108-357, Sec. 413(c)(30), amended subpar. (A) by striking “556(b)(2)”.
Subsec. (f)(11). Pub. L. 108-357, Sec. 883(a), amended subsec. (f) by adding par. (11).
Subsec. (f)(11)(A)(ii)(I). Pub. L. 108-357, Sec. 882(d), amended subclause (I) by inserting “subsection (e)(1)(B)(iii) or"
before “section 1221(a)(1)”.
Subsec. (f)(12). Pub. L. 108-357, Sec. 884(a), amended subsec. (f) by adding par. (12).
Subsec. (m)-(n). Pub. L. 108-357, Sec. 882(b), redesignated subsec. (m) as subsec. (n) and added subsec. (m).
Subsec. (n)-(o). Pub. L. 108-357, Sec. 335(a), redesignated subsec. (n) (as previously redesignated) as subsec. (o)
and added subsec. (n).
Subsec. (e)(6)(G). Pub. L. 108-311, Sec. 306(a), amended subpar. (G) by substituting “2005” for “2003”. Subsec.
(g)(1). Pub. L. 108-311, Sec. 207(15), amended par. (1) by inserting “(determined without regard to subsections
(b)(1), (b)(2), and (d)(1)(B) thereof)” after “section 152”.
Subsec. (g)(3). Pub. L. 108-311, Sec. 207(16), amended par. (3) by substituting “subparagraphs (A) through (G) of section
152(d)(2)” for “paragraphs (1) through (8) of section 152(a)”.
2002--Subsec. (e)(6)(B)(i)(III). Pub. L. 107-147, Sec. 417(7), amended subclause (III) by substituting “2000),” for “2000,”.
Subsec. (e)(6)(B)(iv). Pub. L. 107-147, Sec. 417(22), provided that the amendment made to clause (iv) by Pub. L. 106-554, Sec. 165(b)(1), as if it had struck “in any of the grades K-12”.
2001 - Subsec. (e)(1). Pub. L. 107-16, Sec. 542(e)(2)(B), amended par. (1) by adding the sentence at the end.
2000 - Subsec. (e)(6). Pub. L. 106-554, Sec. 165(a), amended par. (6) by substituting “qualified computer contribution"
for “qualified elementary or secondary educational contribution” each
place it appeared.
Subsec. (e)(6). Pub. L. 106-554, Sec. 165(b), amended the heading by substituting “educational purposes” for “elementary
or secondary school purposes”.
Subsec. (e)(6)(B)(i). Pub. L. 106-554, Sec. 165(a), amended clause (i) by striking “or” as the end of subclause (I), adding
“or” at the end of subclause (II), and adding subclause (III).
Subsec. (e)(6)(B)(ii). Pub. L. 106-554, Sec. 165(a), amended clause (ii) by substituting “3 years” for “2 years”.
Subsec. (e)(6)(B)(iv). Pub. L. 106-554, Sec. 165(b), amended clause (iv) by striking “in any grades of the K-12” after
“educational purposes”.
Subsec. (e)(6)(B)(vi)-(viii). Pub. L. 106-554, Sec. 165(d), amended clause (vi) by striking “or” at the end, amended clause (vii)
by substituting “, and” for the period at the end, and added clause
(viii).
Subsec. (e)(6)(D)-(G). Pub. L. 106-554, Sec. 165(e), amended par. (6) by redesignating subpars. (D)-(F) as subpars. (E)-(G), respectively,
and added new subpar. (D).
Subsec. (e)(6)(F). Pub. L. 106-554, Sec. 165(c), amended subpar. (F) (before redesignation) by substituting “December 31, 2003”
for “December 31, 2000”.
1999--Subsec. (e)(3)(A). Pub. L. 106-170, Sec. 532(c)(1)(A), amended subpar. (A) by substituting “section 1221(a)” for “section
1221”.
Subsec. (e)(4)(B). Pub. L. 106-170, Sec. 532(c)(1)(B), amended subpar. (B) by substituting “section 1221(a)” for “section
1221”.
Subsec. (f)(10). Pub. L. 106-170, Sec.537(a), added par. (10).
1998--Subsec. (e)(5)(D). Pub. L. 105-277, Sec. 1004(a)(1), struck subpar. (D). Prior to being struck, it read as follows:
“(D) Termination
“This paragraph shall not apply to contributions made--
“(i) after December 31, 1994, and before July 1, 1996, or
“(ii) after June 30, 1998.
“
Subsec. (e)(6)(B). Pub. L. 105-206, Sec. 6004(e), amended subpar. (B) by substituting “donee” for “organization
or entity"
in clause (iv); and by substituting “donee's” for “entity's”
in clauses
(vi) and (vii).
Subsec. (e)(6)(C)(ii). Pub. L. 105-206, Sec. 6004(e)(3), amended subclause (I) by substituting “a donee” for “an entity”.
Subsec. (e)(6)(F). Pub. L. 105-206, Sec. 6004(e)(4), amended subpar. (F) by substituting “2000” for “1999”.
1997--Subsec. (e)(5)(D)(ii). Pub. L. 105-34, Sec. 602(a), substituted “June 30, 1998” for “May 31, 1997”.
Subsec. (e)(6). Pub. L. 105-34, Sec. 224(a), added par. (6).
Subsec. (h)(5)(B)(ii). Pub. L. 105-34, Sec. 508(d), amended clause (ii). Prior to amendment it read as follows:
“(ii) Special rule--
With respect to any contribution of property in which the ownership of the surface
estate and mineral interests were separated before June 13, 1976, and remain so separated,
subparagraph (A) shall be treated as met if the probability of surface mining occurring
on such property is so remote as to be negligible.”
Subsec. (I). Pub. L. 105-34, Sec. 973(a), amended subsec. (I). Prior to amendment it read as follows:
“(i) Standard mileage rate for use of passenger automobile
For purposes of computing the deduction under this section for use of a passenger
automobile the standard mileage rate shall be 12 cents per mile.”
1996 - Subsec. (e)(1). Pub. L. 104-188, Sec. 1316(b) added new sentence at the end.
Subsec. (e)(5)(D). Pub. L. 104-188, Sec. 1206(a) amended generally subpar. (D), which prior to amendment read as follows:
‘(D) Termination
‘This paragraph shall not apply to contributions made after December 31, 1994.’
1993--Subsec. (f)(8). Pub. L. 103-66, Sec. 13172(a), amended subsec. (f) by adding par. (8).
Subsec. (9). Pub. L. 103-66, Sec. 13222(b), amended subsec. (f) by adding par. (9).
1990--Subsec. (h)(4)(B)(ii). Pub. L. 101-508, Sec. 11813(b)(10), substituted ‘section 47(c)(3)(B)’ for ‘section 48(g)(3)(B)’.
Subsec. (i). Pub. L. 101-508, Sec. 11801(a)(11),
(c)(5), redesignated subsec. (j) as (i) and struck out former subsec.
(i) which related to rule for nonitemization of deductions, applicable percentage
for individuals, limitation for taxable years beginning before 1985, and termination.
Subsecs. (j) to (n). Pub. L. 101-508, Sec. 11801(c)(5), redesignated subsecs. (j) to (n) as (i) to (m), respectively.
1988--Subsecs. (m), (n). Pub. L. 100-647 added subsec. (m)
and redesignated former subsec. (m) as (n).
1987--Subsec. (c)(2)(D). Pub. L. 100-203 inserted ‘(or in opposition to)’ after ‘on behalf of’.
1986--Subsec. (b)(1)(C)(iv). Pub. L. 99-514, Sec. 1831, substituted
‘this paragraph’ for ‘this subparagraph’.
Subsec. (e)(1)(B). Pub. L. 99-514, Sec. 301(b)(2), in closing provisions, struck out ‘40 percent ( 28/46 in the case of a corporation)
of’ before ‘the amount of gain’.
Subsec. (e)(4)(B)(i). Pub. L. 99-514, Sec. 231(f), amended cl. (i) generally. Prior to amendment, cl. (i) read as follows:
‘the contribution is to an educational organization which is described in subsection
(b)(1)(A)(ii) of this section and which is an institution of higher education (as
defined in section 3304(f)),’.
Subsecs. (k) to (m). Pub. L. 99-514, Sec. 142(d), added subsec. (k) and redesignated former subsecs. (k) and (l) as
(l) and (m), respectively.
1984--Subsec. (a)(3). Pub. L. 98-369, Sec. 174(b)(5)(A), substituted ‘section 267(b) or 707(b)’ for ‘section 267(b)’.
Subsec. (b)(1)(A)(vii). Pub. L. 98-369, Sec. 301(c)(2)(A), substituted ‘subparagraph (E)’ for ‘subparagraph (D)’.
Subsec. (b)(1)(B). Pub. L. 98-369, Sec. 301(a)(2), inserted at end ‘If the aggregate of such contributions exceeds the limitation
of the preceding sentence, such excess shall be treated
(in a manner consistent with the rules of subsection (d)(1)) as a charitable contribution
(to which subparagraph (A) does not apply)
in each of the 5 succeeding taxable years in order of time.’
Subsec. (b)(1)(B)(i). Pub. L. 98-369, Sec. 301(a)(1), substituted ‘30 percent’ for ‘20 percent’.
Subsec. (b)(1)(C). Pub. L. 98-369, Sec. 301(c)(2)(B), inserted ‘described in subparagraph (A)’ in subpar. (C) heading, and
in text of cl. (i) substituted ‘In the case of charitable contributions described
in subparagraph (A) of capital gain property to which subsection
(e)(1)(B) does not apply, the total amount of contributions of such property which
may be taken into account under subsection (a) for any taxable year shall not exceed
30 percent of the taxpayer's contribution base for such year. For purposes of this
subsection, contributions of capital gain property to which this subparagraph applies
shall be taken into account after all other charitable contributions (other than charitable
contributions to which subparagraph (D) applies)'
for ‘In the case of charitable contributions of capital gain property to which
subsection (e)(1)(B) does not apply, the total amount of contributions of such property
which may be taken into account under subsection (a) for any taxable year shall not
exceed 30 percent of the taxpayer's contribution base for such year. For purposes
of this subsection, contributions of capital gain property to which this paragraph
applies shall be taken into account after all other charitable contributions'.
Subsec. (b)(1)(D) to (F). Pub. L. 98-369, Sec. 301(c)(1), added subpar. (D) and redesignated former subpars. (D) and (E) as
(E) and (F), respectively.
Subsec. (e)(1). Pub. L. 98-369, Sec. 492(b)(1)(A), struck out in provision following subpar. (B) ‘1251(c),’ after ‘1250(a)’.
Subsec. (e)(1)(B)(ii). Pub. L. 98-369, Sec. 301(c)(2)(C), substituted ‘subsection (b)(1)(E)’ for ‘subsection (b)(1)(D)’.
Subsec. (e)(3)(C). Pub. L. 98-369, Sec. 492(b)(1)(B), struck out ‘1251,’ after ‘1250,’.
Subsec. (e)(5). Pub. L. 98-369, Sec. 301(b), added par. (5).
Subsec. (f)(7). Pub. L. 98-369, Sec. 1022(b), added par. (7).
Subsec. (h)(5)(B). Pub. L. 98-369, Sec. 1035(a), designated existing provisions as cl. (i), inserted ‘Except as provided in
clause (ii)’, and added cl. (ii).
Subsec. (j). Pub. L. 98-369, Sec. 1031(a), added subsec. (j). Former subsec. (j) redesignated (k).
Subsec. (k). Pub. L. 98-369, Sec. 1031(a), redesignated subsec. (j)
as (k). Former subsec. (k) redesignated (l).
Subsec. (l). Pub. L. 98-369, Sec. 1032(b)(1), added par. (1) and redesignated former pars. (1) to (8) as (2) to
(9), respectively.
Pub. L. 98-369, Sec. 1031(a), redesignated subsec. (k) as
(l).
1983--Subsec. (h)(4)(B)(ii). Pub. L. 97-448 substituted ‘section 48(g)(3)(B)’ for ‘section 191(d)(2)’.
Subsec. (k)(8). Pub. L. 97-473 added par. (8).
1982--Subsec. (c)(2). Pub. L. 97-248 inserted provision that rules similar to the rules of section 501(j) of this title
shall apply for purposes of this paragraph.
Subsec. (e)(3)(A). Pub. L. 97-354, Sec. 5(a)(21)(A), substituted ‘an S corporation’ for ‘an electing small business
corporation within the meaning of section 1371(b)’.
Subsec. (e)(4)(D)(i). Pub. L. 97-354, Sec. 5(a)(21)(B), substituted ‘an S corporation’ for ‘an electing small business
corporation
(as defined in section 1371(b))’.
Subsec. (k)(7). Pub. L. 97-258 substituted ‘section 4043 of title 18, United States Code’ for ‘section
2 of the Act of May 15, 1952, as amended by the Act of July 9, 1952 (31 U.S.C. 725s-4)'.
1981--Subsec. (b)(2). Pub. L. 97-34, Sec. 263(a), increased to 10 from 5 percent deduction allowable to a corporation in any taxable
year for charitable contributions.
Subsec. (e)(4). Pub. L. 97-34, Sec. 222(a), added par. (4).
Subsec. (i). Pub. L. 97-34, Sec. 121(a), added subsec. (i). Former subsec. (i) redesignated (j).
Subsecs. (j), (k). Pub. L. 97-34, Sec. 121(a), redesignated former subsecs. (i) and (j) as (j) and (k), respectively.
1980 - Subsec. (f)(3). Pub. L. 96-541, Sec. 6(a), reenacted subpar. (B), cls. (i) and (ii), substituted cl. (B)(iii) relating to qualified
conservation contribution for prior cl. (B)(iii) relating to contribution of a lease
on, option to purchase, or easement with respect to real property granted in perpetuity
to a subsec. (b)(1)(A)
organization exclusively for conservation purposes, deleted cl. (B)(iv)
respecting contribution of a remainder interest in real property granted to a subsec.
(b)(1)(A) organization exclusively for conservation purposes, and deleted subpar.
(C) definition of ‘conservation purposes’, now covered in an expanded
subsec. (h)(4)(A).
Subsecs. (h), (i). Pub. L. 96-541, Sec. 6(b), added subsec. (h) andredesignated former subsec. (h) as (i). Former subsec.
(i) redesignated (j).
Subsec. (i)(6). Pub. L. 96-465, among other changes, inserted references to Director of the International Communication
Agency and the Director of the United States International Development Cooperation
Agency, and substituted reference to section 25 of the State Department Basic Authorities
Act of 1956 for reference to section 1021(e) of the Foreign Service Act of 1946.
Subsec. (j). Pub. L. 96-541, Sec. 6(b), redesignated former subsec.
(i) as (j).
1978--Subsec. (e)(1)(B). Pub. L. 95-600 substituted ‘40 percent’
for ‘50 percent’ and ‘ 28/46’ for ‘62 1/2 percent’.
1977--Subsec. (f)(3)(B)(iii). Pub. L. 95-30 substituted ‘real property granted in perpetuity to an organization’
for ‘real property of not less than 30 years’ duration granted to an organization'.
1976--Subsec. (a). Pub. L. 94-455, Sec. 1906(b)(13)(A), struck out ‘or his delegate’ after ‘Secretary’.
Subsec. (b)(1)(A)(vii). Pub. L. 94-455, Sec. 1901(a)(28)(A)(iii), substituted ‘subparagraph (D)’ for ‘subparagraph (E)’ after
‘described in’.
Subsec. (b)(1)(B)(ii). Pub. L. 94-455, Sec. 1901(a)(28)(A)(iv), substituted ‘subparagraph (C)’ for ‘subparagraph (D)’ after
‘without regard to’.
Subsec. (b)(1)(C). Pub. L. 94-455, Sec. 1901(a)(28)(A)(ii), struck out subpar. (C) which related to unlimited deductions for certain individuals,
redesignated subpar. (D) as (C) and, as so redesignated, Sec. 1906(b)(13)(A), struck
out ‘or his delegate’ after ‘Secretary’
in cl. (iii).
Subsec. (b)(1)(D) to (F). Pub. L. 94-455, Sec. 1901(a)(28)(A)(ii), redesignated subpars. (D) to (F) as (C) to (E), respectively.
Subsec. (b)(2). Pub. L. 95-455, Sec. 1052(c)(2), struck out subpar. (D) which related to a special deduction for Western Hemisphere
trade corporations, and redesignated subpar. (E) as (D).
Subsec. (c). Pub. L. 94-455, Sec. 1901(a)(28)(A)(v), substituted ‘subsection (g)’ for ‘subsection (h)’ after
‘amount treated under’.
Subsec. (c)(2)(B). Pub. L. 94-455, Sec. 1313(b)(1), inserted ‘or to foster national or international amateur sports competition
(but only if no part of its activities involves the provision of athletic facilities
or equipment)’ after ‘or educational purposes’.
Subsec. (c)(2)(D). Pub. L. 94-445, Sec. 1307(d)(1)(B)(i), substituted ‘which is not disqualified for tax exemption under section 501(c)(3)
by reason of attempting to influence legislation’ for ‘no substantial
part of the activities of which is carrying on propaganda, or otherwise attempting
to influence legislation’ after ‘(D)’.
Subsec. (d)(1)(A). Pub. L. 94-455, Sec. 1901(a)(28)(B), struck out ‘(30 percent in the case of a contribution year beginning before
January 1, 1970)’ after ‘exceeds 50 percent’.
Subsec. (e)(1). Pub. L. 94-455, Sec. 205(c)(1)(A), substituted ‘1252(a), or 1254(a)’ for ‘or 1252(a)’ after
‘1251(c)’.
Subsec. (e)(1)(B)(ii). Pub. L. 94-455, Sec. 1901(a)(28)(A)(vi), substituted ‘subsection (b)(1)(D)’ for ‘subsection (b)(1)(E)’
after
‘foundation described in’.
Subsec. (e)(2). Pub. L. 94-455, Sec. 1906(b)(13)(A), struck out ‘or his delegate’ after ‘Secretary’.
Subsec. (e)(3). Pub. L. 94-455, Sec. 2135(a), added par. (3).
Subsec. (f)(2). Pub. L. 94-455, Sec. 1906(b)(13)(A), struck out ‘or his delegate’ after ‘Secretary’.
Subsec. (f)(3). Pub. L. 94-455, Sec. 2124(e)(1), added subpars. (B)(iii), (iv), and (C).
Subsec. (f)(4). Pub. L. 94-455, Sec. 1906(b)(13)(A), struck out ‘or his delegate’ after ‘Secretary’.
Subsec. (f)(6). Pub. L. 94-455, Sec. 1307(c), 1901(a)(28)(A)(i), added par. (6). Former par. (6), which related to the partial
reduction of unlimited deduction and definitions for transitional income and deduction
percentages, was struck out. Section 1901(a)(28)(A)(i) of Pub. L. 94-455 struck out par. (6) a second time.
Subsec. (g). Pub. L. 94-455, Sec. 1901(a)(28)(A)(i), struck out subsec. (g) which related to application of unlimited charitable contribution
deductions allowed for taxable years beginning before January 1, 1975, and redesignated
subsecs. (h), (i), and (j) as (g),
(h), and (i), respectively. Section 1901(a)(28)(A)(i) also struck out former subsec.
(f)(6) but this direction was not executed as such former subsec. (f)(6) had previously
been stricken by section 1307(c)
of Pub. L. 94-455.
Subsec. (g)(1)(B). Pub. L. 94-455, Sec. 1901(b)(8)(A), substituted ‘educational organization described in section 170(b)(1)(A)(ii)’
for ‘educational institution (as defined in section 151(e)(4)’ after
‘grade at an’.
Subsec. (h). Pub. L. 94-455, Sec. 1901(a)(28)(A)(i),
(C), redesignated subsec. (i) as (h), and struck out ‘64 Stat. 996‘ after ‘Act of 1950’. Former subsec. (h) redesignated (g).
Subsec. (i). Pub. L. 94-455, Sec. 1901(a)(28)(A)(i),
(D), redesignated subsec. (j) as (i) and substituted ‘6973 of title 10, United
States Code’ for ‘3 of the Act of March 31, 1944 (58 Stat. 135; 34 U.S.C. 1115b)' after ‘see section’ in par. (5); struck out par. (6) relating to gifts
to library of Post Office Department; struck out ‘60 Stat. 924‘ after ‘1946’ in par. (7); substituted ‘as amended by the
Act of July 9, 1952 (3 U.S.C. 725s-4)' for ‘(66 Stat. 73, as amended by Act of July 9, 1952, 66 Stat. 479, 31 U.S.C. 725s-4)' after ‘May 15, 1952’ in par. (8); and redesignated pars. (7) and (8)
as pars.
(6) and (7), respectively. Former subsec. (i) redesignated (h).
Subsec. (j). Pub. L. 94-455, Sec. 1901(a)(28)(A)(i), redesignated subsec. (j) as (i).
1969 - Subsec. (a)(3). Pub. L. 91-172, Sec. 201(a)(1)(B), added par. (3).
Subsec. (b). Pub. L. 91-172, Sec. 201(a)(1)(B),
(h)(1), increased the general limitation on the charitable contributions deduction
for individual taxpayers from 30 percent of adjusted gross income to 50 percent of
his contribution base and provided that where a taxpayer makes a contribution to a
public charity of property which has appreciated in value the taxpayer could deduct
such contributions of property under the 50 percent limitation if he elects to take
the unrealized appreciation in value into account for the tax purposes, the unlimited
charitable deduction is phased out over a 5-year period and contributions to a private
operating foundation and contributions to a private nonoperating foundation distributing
such contributions to public charities or private operating foundations within two
and half months following the year of receipt are also subjected to 50 percent limitation
(30 percent in the case of gifts of appreciated property), and, in par. (1)(C), inserted
provisions relating to the determination of the amount of charitable contributions
and taxes paid by a married individual who previously filed a joint return with a
former deceased spouse.
Subsec. (c). Pub. L. 91-172, Sec. 201(a)(1)(B), struck out references to ‘Territory’ in pars. (1) and (2)(A), and inserted
reference to participation in or intervention in any political campaign on behalf
of any candidate for public office in par. (2)(D).
Subsec. (d). Pub. L. 91-172, Sec. 201(a)(1)(B), added subsec. (d) consisting of provisions substantially transferred from subsec.
(b) in the general amendment of subsec. (b) by Pub. L. 91-172. Former subsec. (d)
redesignated (b).
Subsec. (e). Pub. L. 91-172, Sec. 201(a)(1)(B), substituted provisions covering certain contributions of ordinary income and capital
gain property for provisions setting out a special rule for charitable contributions.
Subsec. (f). Pub. L. 91-172, Sec. 201(a)(1)(B), substituted provisions for the disallowance of the deduction in specified cases
for provision covering future interests in tangible personal property.
Subsec. (g). Pub. L. 91-172, Sec. 201(a)(2)(A), substituted ‘subsection (d)(1)’ for ‘subsection (b)(5)’
in two places in par. (1) and struck out par. (2)(B) covering contributions to organizations
substantially more than half of the assets and the total income were devoted to charitable
purposes.
Subsec. (h). Pub. L. 91-172, Sec. 201(a)(1)(A), redesignated subsec. (d) as (h). Former subsec. (h) redesignated (i).
Subsec. (i). Pub. L. 91-172, Sec. 101(j)(2), 201(a)(1)(A), redesignated former subsec. (h) as (i), struck out par. (1) covering
disallowance of deductions for gifts to charitable organizations engaging in prohibited
transactions, and removed the par. (2) designation from the provisions covering disallowance
of deductions for use of communist controlled organizations. Former subsec. (i) redesignated
(j).
Subsec. (j). Pub. L. 91-172, Sec. 201(a)(1)(A), redesignated former subsec. (i) as (j).
1966--Subsec. (e). Pub. L. 89-570 inserted reference to section 617(d)(1).
1964--Subsec. (b)(1)(A)(v),
(vi), (2), (5). Pub. L. 88-272, Sec. 209 (a), (c)(1), (d)(1), added cls. (v) and
(vi) in par. (1)(A), and par. (5), and in par. (2), extended the 2-year carryforward
of unused charitable contributions to 5 years and changed the method of computation
by including the aggregate of the excess contributions made in taxable years before
the contribution year, in cl. (i), and references to third, fourth or fifth succeeding
years in cl. (ii).
Subsec. (e). Pub. L. 88-272, Sec. 231(b)(1), substituted ‘certain property’
for ‘section 1245 property’ in heading, and inserted reference to section
1250(a) in text.
Subsec. (f). Pub. L. 88-272, Sec. 209(e), added subsec. (f). Former subsec. (f) redesignated (h).
Subsec. (g). Pub. L. 88-272, Sec. 209(b), added subsec. (g). Former subsec. (g) redesignated (i).
Subsecs. (h), (i). Pub. L. 88-272, Sec. 209(e), redesignated former subsecs. (f) and (g) as (h) and (i), respectively.
1962--Subsec. (b)(1)(A)(iv). Pub. L. 87-858, Sec. 2(a), added cl. (iv).
Subsec. (b)(1)(B). Pub. L. 87-858, Sec. 2(b), substituted
‘any charitable contributions described in subparagraph (A)’ for ‘any
charitable contributions to the organizations described in clauses
(i), (ii), and (iii)’.
Subsecs. (e) to (g). Pub. L. 87-834 added subsec. (e) and redesignated former subsecs. (e) and (f) as (f) and (g), respectively.
1960--Subsec. (c). Pub. L. 86-779, Sec. 7(a)(1), inserted sentence additionally defining ‘charitable contribution’
for purposes of the section.
Subsecs. (d) to (f). Pub. L. 86-779, Sec. 7(a)(2), added subsec. (d) and redesignated former subsecs. (d) and (e) as
(e) and (f), respectively.
1958--Subsec. (b)(1)(C). Pub. L. 85-866, Sec. 10(a), inserted sentence allowing substitution, in lieu of amount of tax paid during year,
amount of tax paid in respect of such year, provided amount so included in the year
in respect of which payment was made be not included in any other year.
Subsec. (b)(3). Pub. L. 85-866, Sec. 11, added par. (3).
Subsec. (b)(4). Pub. L. 85-866, Sec. 12, added par. (4).
1956--Subsec. (b)(1)(A)(iii). Act Aug. 7, 1956, Sec. 1, provided for the allowance, as
deductions, of contributions to medical research organizations.
EFFECTIVE DATE OF 2018 AMENDMENTS
Amendment by Pub. L. 115-232, Sec. 809(h)(1), effective February 1, 2019.
Amendments by Pub. L. 115-141, Div. U, Sec. 401(a)(52) and (b)(14), effective March 23, 2018.
Sec. 401(e) of Pub. L. 115-141, Div. U, provided the following savings provision:
“(e) General Savings Provision With Respect To Deadwood Provisions.—If—
“(1) any provision amended or repealed by the amendments made by subsection
(b) or (d)
applied to—
“(A) any transaction occurring before the date of the enactment of this Act,
“(B) any property acquired before such date of enactment, or
“(C) any item of income, loss, deduction, or credit taken into account before
such date of enactment, and
“(2) the treatment of such transaction, property, or item under such provision
would
(without regard to the amendments or repeals made by such subsection)
affect the liability for tax for periods ending after such date of enactment,
“nothing in the amendments or repeals made by this section shall be construed
to affect the treatment of such transaction, property, or item for purposes of determining
liability for tax for periods ending after such date of enactment.”
EFFECTIVE DATE OF 2017 AMENDMENTS
Amendment by Pub. L. 115-97, Sec. 11011(d)(5) effective for taxable years beginning after December 31, 2017.
Amendment by Pub. L. 115-97, Secs. 11023(a), effective for contributions in taxable years beginning after December 31, 2017.
Amendment by Pub. L. 115-97, Sec. 13305(b)(2), effective for taxable years beginning after December 31, 2017. Pub. L. 115-141, Div .T, Sec. 101(c), added the following transition rule:
“(2) TRANSITION RULE FOR QUALIFIED PAYMENTS OF PATRONS OF COOPERATIVES.—
‘‘(A) IN GENERAL.—The amendments made by this section shall not
apply to a qualified payment received by a taxpayer from a specified agricultural
or horticultural cooperative in a taxable year of the taxpayer beginning after December
31, 2017, which is attributable to qualified production activities income with respect
to which a deduction is allowable to the cooperative under section 199 of the Internal Revenue Code of 1986 (as in effect before the amendments made by this section) for a taxable year
of the cooperative beginning before January 1, 2018. Any term used in this subparagraph
which is also used in section 199 of such Code (as so in effect) shall have the same
meaning as when used in such section.
‘‘(B) COORDINATION WITH SECTION 199A.—No deduction shall be allowed
under section 199A of such Code for any qualified payment to which subparagraph
(A) applies.’’
Amendments by Pub. L. 115-97, Sec. 13704(a), effective for contributions in taxable years beginning after December 31, 2017.
Amendment by Pub. L. 115-97, Sec. 13705(a), effective for contributions made in taxable years beginning after December 31, 2016.
EFFECTIVE DATE OF 2015 AMENDMENTS
Amendments by Pub. L. 114-113, Div. Q, Sec. 111(a), effective for contributions made in taxable years beginning
after December 31, 2014.
Amendments by Pub. L. 114-113, Div. Q, Sec. 111(b), effective for contributions made in taxable years beginning
after December 31, 2015.
Amendment by Pub. L. 114-113, Div. Q, Sec. 113(a), effective for contributions made after December 31, 2014.
Amendments by Pub. L. 114-113, Div. Q, Sec. 113(b), effective for taxable years beginning after December 31, 2015.
Amendments by Pub. L. 114-113, Div. Q, Sec. 331(a), effective for contributions made on or after the date of the
enactment of this Act [Enacted: Dec. 18, 2015].
Amendment by Pub. L. 114-41, Sec. 2006(a)(2)(A), effective for returns for taxable years beginning after December 31, 2015. Section
2006(a)(3)(B), provided the following special rule:
“(B) SPECIAL RULE FOR C CORPORATIONS WITH FISCAL YEARS ENDING ON JUNE 30.—In
the case of any C corporation with a taxable year ending on June 30, the amendments
made by this subsection shall apply to returns for taxable years beginning after December
31, 2025.”
EFFECTIVE DATE OF 2014 AMENDMENTS
Amendments by Pub. L. 113-295, Div. A, Sec. 106, effective for contributions made in taxable years beginning after
December 31, 2013.
Amendment by Pub. L. 113-295, Div. A, Sec. 126(a), effective for contributions made after December 31, 2013.
Amendments by Pub. L. 113-295, Div. A, Sec. 221(a)(28), effective on the date of the enactment of this Act [Enacted:
Dec. 19, 2014].
Section 221(b)(2) of Pub. L. 113-295, Div. A, provided the following Savings Provision:
“(2)
SAVINGS PROVISION.—If—
“(A)
any provision amended or repealed by the amendments made by this section applied to—
“(i)
any transaction occurring before the date of the enactment of this Act [Enacted: Dec.
19, 2014],
“(ii)
any property acquired before such date of enactment, or
“(iii)
any item of income, loss, deduction, or credit taken into account before such date
of enactment, and
“(B)
the treatment of such transaction, property, or item under such provision would (without
regard to the amendments or repeals made by this section)
affect the liability for tax for periods ending after date of enactment, nothing in
the amendments or repeals made by this section shall be construed to affect the treatment
of such transaction, property, or item for purposes of determining liability for tax
for periods ending after such date of enactment.”
EFFECTIVE DATE OF 2013 AMENDMENTS
Amendments by Sec. 206 of Pub. L. 112-240 effective for contributions made in taxable years beginning after December 31, 2011.
Amendment by Sec. 314(a) of Pub. L. 112-240 effective for contributions made after December 31, 2011.
EFFECTIVE DATE OF 2010 AMENDMENTS
Amendments by Sec. 723 of Pub. L. 111-312 effective for contributions made in taxable years beginning after December 31, 2009.
Amendment by Sec. 740(a) of Pub. L. 111-312 effective for contributions made after December 31, 2009.
Amendment by Sec. 741(a) of Pub. L. 111-312 effective for contributions made after December 31, 2009.
Amendment by Sec. 742(a) of Pub. L. 111-312 effective for contributions made in taxable years beginning after December 31, 2009.
Amendment by Sec. 301(a) of Pub. L. 111-312 effective for estates of decedents dying, and transfers made, after December 31,
2009. Section 304 of Pub. L. 111-312 provided the following sunset provision:
“SEC. 304. APPLICATION OF EGTRRA SUNSET TO THIS TITLE. Section 901 of the Economic
Growth and Tax Relief Reconciliation Act of 2001 shall apply to the amendments made
by this section.”
Note that Pub. L. 112-240, Sec. 101(a)(1), struck Title IX of Pub. L. 107-16, effective for taxable, plan, or limitation years beginning after Dec. 31, 2012,
and estates of decedents dying, gifts made, or generation skipping transfers after
Dec. 31, 2012.
REINSTATEMENT OF ESTATE TAX; REPEAL OF CARRYOVER BASIS
Section 301 of Pub. L. 111-312 provided:
“(a)
IN GENERAL.—Each provision of law amended by subtitle A or E of title V of the
Economic Growth and Tax Relief Reconciliation Act of 2001 is amended to read as such
provision would read if such subtitle had never been enacted.
“(b)
CONFORMING AMENDMENT.—On and after January 1, 2011, paragraph
(1) of section 2505(a) of the Internal Revenue Code of 1986 is amended to read as such paragraph would read if section 521(b)(2) of the
Economic Growth and Tax Relief Reconciliation Act of 2001 had never been enacted.
“(c)
SPECIAL ELECTION WITH RESPECT TO ESTATES OF DECEDENTS DYING IN 2010.—Notwithstanding
subsection (a), in the case of an estate of a decedent dying after December 31, 2009,
and before January 1, 2011, the executor (within the meaning of section 2203 of the Internal Revenue Code of 1986) may elect to apply such Code as though the amendments made by subsection
(a) do not apply with respect to chapter 11 of such Code and with respect to property
acquired or passing from such decedent (within the meaning of section 1014(b) of such
Code). Such election shall be made at such time and in such manner as the Secretary
of the Treasury or the Secretary's delegate shall provide. Such an election once made
shall be revocable only with the consent of the Secretary of the Treasury or the Secretary's
delegate. For purposes of section 2652(a)(1) of such Code, the determination of whether
any property is subject to the tax imposed by such chapter 11 shall be made without
regard to any election made under this subsection.
“(d)
EXTENSION OF TIME FOR PERFORMING CERTAIN ACTS.—
“
(1) ESTATE TAX.—In the case of the estate of a decedent dying after December
31, 2009, and before the date of the enactment of this Act, the due date for—
“(A)
filing any return under section 6018 of the Internal Revenue Codeof 1986 (including any election required to be made on such a return) as such section
is in effect after the date of the enactment of this Act without regard to any election
under subsection (c),
“(B)
making any payment of tax under chapter 11 of such Code, and
“(C)
making any disclaimer described in section 2518(b) of such Code of an interest in
property passing by reason of the death of such decedent, shall not be earlier than
the date which is 9 months after the date of the enactment of this Act.
“(2)
GENERATION-SKIPPING TAX.—In the case of any generation-skipping transfer made
after December 31, 2009, and before the date of the enactment of this Act, the due
date for filing any return under section 2662 of the Internal Revenue Code of 1986 (including any election required to be made on such a return)
shall not be earlier than the date which is 9 months after the date of the enactment
of this Act.
“(e)
EFFECTIVE DATE.—Except as otherwise provided in this section, the amendments
made by this section shall apply to estates of decedents dying, and transfers made,
after December 31, 2009.”
EFFECTIVE DATE OF 2008 AMENDMENTS
Amendment by Div. C, Sec. 321(a) of Pub. L. 110-343 effective for contributions made during taxable years beginning after December 31,
2007.
Amendment by Div. C, Sec. 323(a)(1) of Pub. L. 110-343 effective for contributions made after December 31, 2007.
Amendment by Div. C, Sec. 323(b)(1) of Pub. L. 110-343 effective for taxable years ending after the date of the enactment of this Act [Enacted:
Oct. 3, 2008].
Amendments by Div. C, Sec. 324 of Pub. L. 110-343 effective for contributions made after December 31, 2007.
Amendments by Sec. 15302(a) of Pub. L. 110-246 effective for contributions made in taxable years beginning after December 31, 2007.
EFFECTIVE DATE OF 2007 AMENDMENTS
Amendments by Sec. 11(a) of Pub. L. 110-172 effective on the date of the enactment of this Act [Dec. 29, 2007].
Amendment by Sec. 3(c) of Pub. L. 110-172 effective as if included in the provision of the Pension Protection Act of 2006 [Pub. L. 109-432, Sec. 1215]
to which it relates.
EFFECTIVE DATE OF 2006 AMENDMENTS
Amendment by Sec. 116(a)(1) of Pub. L. 109-432 effective for contributions made in taxable years beginning after December 31, 2005.
Amendments by Sec. 116(b) of Pub. L. 109-432 effective for taxable years beginning after December 31, 2005.
Amendment by Sec. 1202(a) of Pub. L. 109-280 effective for contributions made after December 31, 2005.
Amendment by Sec. 1204(a) of Pub. L. 109-280 effective for contributions made after December 31, 2005.
Amendments by Sec. 1206 of Pub. L. 109-280 effective for contributions made in taxable years beginning after December 31, 2005.
Amendments by Sec. 1213(a) of Pub. L. 109-280 effective for contributions made after July 25, 2006.
Amendment by Sec. 1213(c) of Pub. L. 109-280 effective for contributions made 180 days after the date of the enactment of this
Act [Enacted:
Aug. 17, 2006].
Amendments by Sec. 1213(b) and (d) of Pub. L. 109-280 effective for contributions made after the date of the enactment of this Act [Enacted:
Aug. 17, 2006].
Amendments by Sec. 1214 of Pub. L. 109-280 effective for contributions made after July 25, 2006.
Amendments by Sec. 1215(a) of Pub. L. 109-280 effective for contributions after September 1, 2006.
Amendment by Sec. 1216 of Pub. L. 109-280 effective for contributions made after the date of the enactment of this Act [Enacted:
Aug. 17, 2006].
Amendment by Sec. 1217 of Pub. L. 109-280 effective for contributions made in taxable years beginning after the date of the
enactment of this Act [Enacted: Aug. 17, 2006].
Amendments by Sec. 1218 of Pub. L. 109-280 effective for contributions, bequests, and gifts made after the date of the enactment
of this Act
[Enacted: Aug. 17, 2006].
Amendments by Sec. 1219 of Pub. L. 109-280 effective for appraisals prepared with respect to returns or submissions filed after
the date of the enactment of this Act [Enacted: Aug. 17, 2006].
Amendment by Sec. 1234 of Pub. L. 109-280 effective for contributions made after the date which is 180 days after the date
of the enactment of this Act [Enacted: Aug. 17, 2006].
Amendment by Sec. 204(b) of Pub. L. 109-222 effective for sales and exchanges in taxable years beginning after the date of the
enactment of this Act [Enacted: May 17, 2006].
EFFECTIVE DATE OF 2005 AMENDMENTS
Amendments by Sec. 403(a)(16) of Pub. L. 109-135 effective as if included in the provisions of the American Jobs Creation Act of 2004
[Pub. L. 108-357, Sec. 102]
to which they relate.
Amendments by Sec. 403(gg) of Pub. L. 109-135 effective as if included in the provisions of the American Jobs Creation Act of 2004
[Pub. L. 108-357, Sec. 884]
to which they relate.
Amendments by Sec. 305(a) of Pub. L. 109-73 effective for contributions made on or after August 28, 2005, in taxable years ending
after such date.
Amendments by Sec. 306(a) of Pub. L. 109-73 effective for contributions made on or after August 28, 2005, in taxable years ending
after such date.
EFFECTIVE DATE OF 2004 AMENDMENTS
Amendments by Sec. 335(a) of Pub. L. 108-357 effective for contributions made after December 31, 2004.
Amendment by Sec. 413(c)(2) of Pub. L. 108-357 effective for taxable years of foreign corporations beginning after December 31,
2004, and to taxable years of United States shareholders with or within such taxable
years of foreign corporations end.
Amendments by Sec. 882 of Pub. L. 108-357 effective for contributions made after June 3, 2004.
Amendments by Sec. 883 of Pub. L. 108-357 effective for contributions made after June 3, 2004.
Amendments by Sec. 884 of Pub. L. 108-357 effective for contributions made after December 31, 2004.
Amendments by Sec. 207 of Pub. L. 108-311 effective for taxable years beginning after December 31, 2004.
Amendment by Sec. 306(a) of Pub. L. 108-311 effective for contributions made in taxable years beginning after December 31, 2003.
EFFECTIVE DATE OF 2002 AMENDMENTS
Amendments by Sec. 417 of Pub. L. 107-147 effective on the date of the enactment of this Act [enacted: Mar. 9, 2002].
EFFECTIVE DATE OF 2001 AMENDMENTS
Amendment by Sec. 542(e)(2)(B) of Pub. L. 107-16 effective for estates of decedents dying after December 31, 2009.
Section 901 (Sunset of Provisions of Act) of Pub. L. 107-16, as amended by Pub. L. 107-358 and Pub. L. 111-312, Sec. 101(a), and struck by Pub. L. 112-240, Sec. 101(a)(1) (effective for taxable, plan, or limitation years beginning after Dec. 31, 2012,
and estates of decedents dying, gifts made, or generation skipping transfers after
Dec. 31, 2012), provided that:
“(a) IN GENERAL.--All provisions of, and amendments made by, this Act shall
not apply--
“(1) to taxable, plan, or limitation years beginning after December 31, 2012,
or
“(2) in the case of title V, to estates of decedents dying, gifts made, or generation
skipping transfers, after December 31, 2012.
“(b) APPLICATION OF CERTAIN LAWS.--The Internal Revenue Code of 1986 and the Employee Retirement Income Security Act of 1974 shall be applied
and administered to years, estates, gifts, and transfers described in subsection (a)
as if the provisions and amendments described in subsection (a) had never been enacted.
“(c) EXCEPTION.-Subsection (a) shall not apply to section 803 (relating to no
federal income tax on restitution received by victims of the Nazi regime or their
heirs or estates).”
EFFECTIVE DATE OF 2000 AMENDMENTS
Amendments by Sec. 165 of Pub. L. 106-554 effective for contributions made after December 31, 2000.
EFFECTIVE DATE OF 1999 AMENDMENTS
Amendments by Sec. 532(c) of Pub. L. 106-170 effective for any instrument held, acquired, or entered into, any transactions entered
into, and supplies held or acquired on or after the date of the enactment of this
Act [Enacted: Dec. 17, 1999].
Section 537(b) of Pub. L. 106-170 provided that:
“(1) IN GENERAL.--Except as otherwise provided in this section, the amendment
made by this section shall apply to transfers made after February 8, 1999.
“(2) EXCISE TAX.--Except as provided in paragraph
(3) of this subsection, section 170(f)(10)(F) of the Internal Revenue Code of 1986
(as added by this section) shall apply to premiums paid after the date of the enactment
of this Act [Enacted: Dec. 17, 1999].
“(3) REPORTING.--Clause (iii) of such section 170(f)(10)(F)
shall apply to premiums paid after February 8, 1999 (determined as if the tax imposed
by such section applies to premiums paid after such date).”
EFFECTIVE DATE OF 1998 AMENDMENTS
Amendment by Sec. 1004(a)(1) of Pub. L. 105-277 effective for contributions made after June 30, 1998.
Amendments by Sec. 6004(e) of Pub. L. 105-206 effective as if included in the provisions of the Taxpayer Relief Act of 1997 to
which they relate [Effective Date of Pub. L. 105-34, Sec. 224: Taxable years beginning after December 31, 1997].
EFFECTIVE DATE OF 1997 AMENDMENTS
Amendment by Sec. 224(a) of Pub. L. 105-34 effective for taxable years beginning after December 31, 1997.
Amendment by Sec. 508(d) of Pub. L. 105-34 effective for easements granted after December 31, 1997.
Amendment by Sec. 602(a) of Pub. L. 105-34 effective for contributions made after May 31, 1997.
Amendment by Sec. 973(a) of Pub. L. 105-34 effective for taxable years beginning after December 31, 1997.
EFFECTIVE DATE OF 1996 AMENDMENTS
Amendment by section 1206(a) of Pub. L. 104-188 applicable to contributions made after June 30, 1996.
Amendment by section 1316(b) of Pub. L. 104-188 applicable to taxable years beginning after December 31, 1997.
EFFECTIVE DATE OF 1993 AMENDMENTS
Amendment by section 13172(a) of Pub. L. 103-66 applicable to contributions made on or after January 1, 1994.
Amendment by section 13222(b) of Pub. L. 103-66 applicable to amounts paid or incurred after December 31, 1993.
EFFECTIVE DATE OF 1990 AMENDMENTS
Amendment by section 11813(b)(10) of Pub. L. 101-508 applicable to property placed in service after Dec. 31, 1990, but not applicable
to any transition property (as defined in section 49(e) of this title), any property
with respect to which qualified progress expenditures were previously taken into account
under section 46(d) of this title, and any property described in section 46(b)(2)(C)
of this title, as such sections were in effect on Nov. 4, 1990, see section 11813(c)
of Pub. L. 101-508, set out as a note under section 29 of this title.
EFFECTIVE DATE OF 1988 AMENDMENTS
Section 6001(b) of Pub. L. 100-647 provided that:
‘(1) In general. - The amendment made by this section
(amending this section) shall apply to taxable years beginning after December 31,
1983.
‘(2) Waiver of statute of limitations. - If on the date of the enactment of
this Act (Nov. 10, 1988) (or at any time within 1 year after such date of enactment)
refund or credit of any overpayment of tax resulting from the application of section
170(m)
of the 1986 Code (as added by subsection (a)) is barred by any law or rule of law,
refund or credit of such overpayment shall, nevertheless, be made or allowed if claim
therefore (sic) is filed before the date 1 year after the date of the enactment of
this Act.’
EFFECTIVE DATE OF 1987 AMENDMENTS
Section 10711(c) of Pub. L. 100-203 provided that: ‘The amendments made by this section (amending this section
and sections 501, 504, 2055, 2106, and 2522 of this title) shall apply with respect
to activities after the date of the enactment of this Act (Dec. 22, 1987).’
EFFECTIVE DATE OF 1986 AMENDMENTS
Amendment by section 142(d) of Pub. L. 99-514 applicable to taxable years beginning after Dec. 31, 1986, see section 151(a) of
Pub. L. 99-514, set out as a note under section 1 of this title.
Amendment by section 231(f) of Pub. L. 99-514 applicable to taxable years beginning after Dec. 31, 1985, see section 231(g) of
Pub. L. 99-514, set out as a note under section 41 of this title.
Amendment by section 301(b)(2) of Pub. L. 99-514 applicable to taxable years beginning after Dec. 31, 1986, see section 301(c) of
Pub. L. 99-514, set out as a note under section 62 of this title.
Amendment by section 1831 of Pub. L. 99-514 effective, except as otherwise provided, as if included in the provisions of the
Tax Reform Act of 1984, Pub. L. 98-369, div. A, to which such amendment relates, see section 1881 of Pub. L. 99-514, set out as a note under section 48 of this title.
EFFECTIVE DATE OF 1984 AMENDMENTS
Amendment by section 174(b)(5)(A) of Pub. L. 98-369, applicable to transactions after Dec. 31, 1983, in taxable years ending after that
date, see section 174(c)(2)(A) of Pub. L. 98-369, set out as a note under section 267 of this title.
Section 301(d) of Pub. L. 98-369 provided that:
‘(1) Subsections (a) and (c). - The amendments made by subsections (a) and (c)
(amending this section) shall apply to contributions made in taxable years ending
after the date of the enactment of this Act (July 18, 1984).
‘(2) Subsection (b). - The amendment made by subsection
(b) (amending this section) shall apply to contributions made after the date of the
enactment of this Act (July 18, 1984) in taxable years ending after such date.’
Section 492(d) of Pub. L. 98-369 provided that: ‘The amendments made by this section (amending this section
and sections 341, 453B, 751, and 1252 of this title and repealing section 1251 of
this title) shall apply to taxable years beginning after December 31, 1983.’
Amendment by section 1022(b) of Pub. L. 98-369 applicable to reformations after Dec. 31, 1978, except inapplicable to any reformation
to which section 2055(e)(3) of this title as in effect before July 18, 1984, applies,
see section 1022(e)(1) of Pub. L. 98-369, set out as a note under section 2055 of this title.
Section 1031(b) of Pub. L. 98-369 provided that: ‘The amendments made by subsection (a) (amending this section)
shall apply to taxable years beginning after December 31, 1984.’
Section 1032(c) of Pub. L. 98-369 provided that: ‘The amendments made by subsections (a) and (b) (amending this
section and sections 501, 2055, and 2522 of this title) shall apply to taxable years
beginning after the date of the enactment of this Act (July 18, 1984).’
Section 1035(b) of Pub. L. 98-369 provided that: ‘The amendment made by subsection
(a) (amending this section) shall apply to contributions made after the date of the
enactment of this Act (July 18, 1984).’
EFFECTIVE DATE OF 1983 AMENDMENTS
For effective date of amendment by Pub. L. 97-473, see section 204(1)
of Pub. L. 97-473, set out as an Effective Date note under section 7871 of this title.
Amendment by title I of Pub. L. 97-448 effective, except as otherwise provided, as if it had been included in the provision
of the Economic Recovery Tax Act of 1981, Pub. L. 97-34, to which such amendment relates, see section 109 of Pub. L. 97-448, set out as a note under section 1 of this title.
EFFECTIVE DATE OF 1982 AMENDMENTS
Amendment by Pub. L. 97-354 applicable to taxable years beginning after Dec. 31, 1982, see section 6(a) of Pub. L. 97-354, set out as an Effective Date note under section 1361 of this title.
Amendment by Pub. L. 97-248 effective Oct. 5, 1976, see section 286(c)
of Pub. L. 97-248, set out as a note under section 501 of this title.
EFFECTIVE DATE OF 1981 AMENDMENTS
Section 121(d) of Pub. L. 97-34 provided that: ‘The amendments made by this section (amending this section
and sections 3, 57, and 63 of this title) shall apply to contributions made after
December 31, 1981, in taxable years beginning after such date.’
Section 222(b) of Pub. L. 97-34 provided that: ‘The amendment made by subsection
(a) (amending this section) shall apply to charitable contributions made after the
date of the enactment of this Act (Aug. 13, 1981), in taxable years ending after such
date.’
Section 263(b) of Pub. L. 97-34 provided that: ‘The amendment made by this section (amending this section)
shall apply to taxable years beginning after December 31, 1981.’
EFFECTIVE DATE OF 1980 AMENDMENTS
Section 6(d) of Pub. L. 96-541 provided that: ‘The amendments made by subsections (a) and (b) (amending this
section) shall apply to transfers made after the date of the enactment of this Act
(Dec. 17, 1980) in taxable years ending after such date.’
Amendment by Pub. L. 96-465 effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96-465, set out as an Effective Date note under section 3901 of Title 22, Foreign Relations
and Intercourse.
EFFECTIVE DATE OF 1978 AMENDMENTS
Section 402(c)(2) of Pub. L. 95-600 provided that: ‘The amendment made by subsection
(b)(2) (amending this section by substituting ‘40 percent’ for ‘50
percent’) shall apply to contributions made after October 31, 1978.'
Section 403(d)(2) of Pub. L. 95-600 provided that: ‘The amendment made by paragraph
(1) of subsection (c) (amending this section by substituting ‘ 28/46’
for ‘62 1/2 percent’) shall apply to gifts made after December 31, 1978.'
EFFECTIVE DATE OF 1977 AMENDMENTS
Section 309(b)(1) of Pub. L. 95-30, as amended by Pub. L. 96-541, Sec. 6(c), Dec. 17, 1980, 94 Stat. 3207, provided that: ‘The amendment made by subsection (a) (amending this section)
shall apply with respect to contributions or transfers made after June 13, 1977.’
EFFECTIVE DATE OF 1976 AMENDMENTS
Section 1052(d) of Pub. L. 94-455 provided that: ‘The amendments made by subsection (a) and paragraph (1) of
subsection (c) (amending section 922 of this title) shall apply with respect to taxable
years beginning after December 31, 1975. The amendments made by subsection (b) (repealing
sections 921 and 922 of this title) and by subsection (c) (other than paragraph (1))
(amending this section and sections 172, 907, 1503, and 6091 of this title) shall
apply with respect to taxable years beginning after December 31, 1979.’
Amendment by section 1307 (d)(1)(B)(i), (c) of Pub. L. 94-455 effective for taxable years beginning after Dec. 31, 1976, see section 1307(e) of
Pub. L. 94-455, set out as a note under section 501 of this title.
Amendment by section 1313(b)(1) of Pub. L. 94-455 effective Oct. 5, 1976, see section 1313(e) of Pub. L. 94-455, set out as a note under section 501 of this title.
Amendment by section 1901(a)(28) of Pub. L. 94-455 effective for taxable years beginning after Dec. 31, 1976, see section 1901(d) of
Pub. L. 94-455, set out as a note under section 2 of this title.
Section 2124(e)(4) of Pub. L. 94-455, as amended by Pub. L. 95-30, title III, Sec. 309(b)(2), May 23, 1977, 91 Stat. 154; Pub. L. 96-541, Sec. 6(c), Dec. 17, 1980, 94 Stat. 3207, provided that: ‘The amendments made by this subsection (amending this section
and sections 2055 and 2522 of this title) shall apply with respect to contributions
or transfers made after June 13, 1976.’
Section 2135(b) of Pub. L. 94-455 provided that: ‘The amendment made by this section (amending this section)
applies to charitable contributions made after the date of enactment of this Act (Oct.
4, 1976), in taxable years ending after such date.’
EFFECTIVE DATE OF 1969 AMENDMENTS
Amendment by section 101(j)(2) of Pub. L. 91-172 to take effect on Jan. 1, 1970, see section 101(k)(1) of Pub. L. 91-172, set out as an Effective Date note under section 4940 of this title.
Section 201(g) of Pub. L. 91-172, as amended by Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that:
‘(1)(A) Except as provided in subparagraphs (B)
and (C), the amendments made by subsection (a) (amending this section and sections
545, 556, and 809 of this title) shall apply to taxable years beginning after December
31, 1969.
‘(B) Subsections (e) and (f)(1) of section 170 of the Internal Revenue Code of 1986 (formerly I.R.C. 1954)
(as amended by subsection (a)) shall apply to contributions paid after December 31,
1969, except that, with respect to a letter or memorandum or similar property described
in section 1221(3) of such Code (as amended by section 514 of this Act), such subsection
(e) shall apply to contributions paid after July 25, 1969.
‘(C) Paragraphs (2), (3), and (4) of section 170(f)
of such Code (as amended by subsection (a)) shall apply to transfers in trust and
contributions made after July 31, 1969.
‘(D) For purposes of applying section 170(d) of such Code (as amended by subsection
(a)) with respect to contributions paid in a taxable year beginning before January
1, 1970, subsection
(b)(1)(D), subsection (e), and paragraphs (1), (2), (3), and (4) of subsection (f)
of section 170 of such Code shall not apply.
‘(2) The amendments made by subsection (b) (amending section 642 of this title)
shall apply with respect to amounts paid, permanently set aside, or to be used for
a charitable purpose in taxable years beginning after December 31, 1969, except that
section 642(c)(5) of the Internal Revenue Code of 1986 (as added by subsection (b)) shall apply to transfers in trust made after
July 31, 1969.
‘(3) The amendment made by subsection (c) (amending section 673 of this title)
shall apply to transfers in trust made after April 22, 1969.
‘(4)(A) Except as provided in subparagraphs (B)
and (C), the amendments made by paragraphs (1) and (2) of subsection
(d) (amending sections 2055 and 2126 of this title) shall apply in the case of decedents
dying after December 31, 1969.
‘(B) Such amendments shall not apply in the case of property passing under the
terms of a will executed on or before October 9, 1969 -
‘(i) if the decedent dies before October 9, 1972, without having republished
the will after October 9, 1969, by codicil or otherwise,
‘(ii) if the decedent at no time after October 9, 1969, had the right to change
the portions of the will which pertain to the passing of the property to, or for the
use of, an organization described in section 2055(a) (section 2055(a)
of this title), or
‘(iii) if the will is not republished by codicil or otherwise before October
9, 1972, and the decedent is on such date and at all times thereafter under a mental
disability to republish the will by codicil or otherwise.
‘(C) Such amendments shall not apply in the case of property transferred in
trust on or before October 9, 1969 -
‘(i) if the decedent dies before October 9, 1972, without having amended after
October 9, 1969, the instrument governing the disposition of the property,
‘(ii) if the property transferred was an irrevocable interest to, or for the
use of, an organization described in section 2055(a), or
‘(iii) if the instrument governing the disposition of the property was not amended
by the decedent before October 9, 1972, and the decedent is on such date and at all
times thereafter under a mental disability to change the disposition of the property.
‘(D) The amendment made by paragraph (3) of subsection
(d) (amending section 2522 of this title) shall apply to gifts made after December
31, 1969, except that the amendments made to section 2522(c)(2) of the Internal Revenue Code of 1986 shall apply to gifts made after July 31, 1969.
‘(E) The amendments made by paragraph (4) of subsection
(d) (amending sections 2055, 2106, and 2522 of this title) shall apply to gifts and
transfers made after December 31, 1969.
‘(5) The amendment made by subsection (e) (enacting section 664 of this title)
shall apply to transfers in trust made after July 31, 1969.
‘(6) The amendments made by subsection (f) (amending section 1011 of this title)
shall apply with respect to sales made after December 19, 1969.’
Section 201(h)(2) of Pub. L. 91-172 provided that: ‘The amendment made by this subsection (amending this section)
shall apply to taxable years beginning after December 31, 1968.’
EFFECTIVE DATE OF 1966 AMENDMENTS
Amendment by Pub. L. 89-570 applicable to taxable years ending after Sept. 12, 1966, but only in respect of expenditures
paid or incurred after such date, see section 3 of Pub. L. 89-570, set out as an Effective Date note under section 617 of this title.
EFFECTIVE DATE OF 1964 AMENDMENTS
Section 209(f) of Pub. L. 88-272, as amended by Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that:
‘(1) The amendments made by subsections (a), (b), and (c) (amending this section
and sections 545 and 556 of this title), shall apply with respect to contributions
which are paid in taxable years beginning after December 31, 1963.
‘(2) The amendments made by subsection (d) (amending this section and section
381 of this title) shall apply to taxable years beginning after December 31, 1963,
with respect to contributions which are paid (or treated as paid under section 170(a)(2) of the Internal Revenue Code of 1986 (formerly I.R.C. 1954))
in taxable years beginning after December 31, 1961.
‘(3) The amendments made by subsection (e) (amending this section) shall apply
to transfers of future interests made after December 31, 1963, in taxable years ending
after such date, except that such amendments shall not apply to any transfer of a
future interest made before July 1, 1964, where -
‘(A) the sole intervening interest or right is a nontransferable life interest
reserved by the donor, or
‘(B) in the case of a joint gift by husband and wife, the sole intervening interest
or right is a nontransferable life interest reserved by the donors which expires not
later than the death of whichever of such donors dies later.
For purposes of the exception contained in the preceding sentence, a right to make
a transfer of the reserved life interest to the donee of the future interest shall
not be treated as making a life interest transferable.'
Amendment by section 231(b)(1) of Pub. L. 88-272 applicable to dispositions after Dec. 31, 1963, in taxable years ending after such
date, see section 231(c) of Pub. L. 88-272, set out as an Effective Date note under section 1250 of this title.
EFFECTIVE DATE OF 1962 AMENDMENTS
Section 2(c) of Pub. L. 87-858 provided that: ‘The amendments made by subsections (a) and (b) (amending this
section) shall apply to taxable years beginning after December 31, 1960.’
Amendment by Pub. L. 87-834 applicable to taxable years beginning after Dec. 31, 1962, see section 13(g) of Pub. L. 87-834, set out as an Effective Date note under section 1245 of this title.
EFFECTIVE DATE OF 1960 AMENDMENTS
Amendment by Pub. L. 86-779 applicable with respect to taxable years beginning after Dec. 31, 1959, see section
7(c) of Pub. L. 86-779, set out as a note under section 162 of this title.
EFFECTIVE DATE OF 1958 AMENDMENTS
Section 10(b) of Pub. L. 85-866 provided that: ‘The amendment made by subsection
(a) (amending this section) shall apply with respect to taxable years beginning after
December 31, 1957.’
Amendment by section 11 of Pub. L. 85-866 applicable to taxable years beginning after Dec. 31, 1953, and ending after Aug.
16, 1954, see section 1(c)(1) of Pub. L. 85-866, set out as a note under section 165 of this title.
Section 12(b) of Pub. L. 85-866 provided that: ‘The amendment made by subsection
(a) (amending this section) shall apply to taxable years ending after December 31,
1957, but only with respect to charitable contributions made after such date.’
EFFECTIVE DATE OF 1956 AMENDMENTS
Section 2 of act Aug. 7, 1956, provided that: ‘The amendment made by this Act
(amending this section) shall apply only with respect to taxable years beginning after
December 31, 1955.’
SPECIAL RULES FOR CONTRIBUTIONS FOR RELIEF OF THE FAMILIES OF THE MASS SHOOTING IN
VIRGINIA BEACH
Section 2 of Pub. L. 116-98 provided:
“SEC. 2. SPECIAL RULES FOR CONTRIBUTIONS FOR RELIEF OF THE FAMILIES OF THE MASS
SHOOTING IN VIRGINIA BEACH.
“(a) CLARIFICATION THAT CONTRIBUTION WILL NOT FAIL TO QUALIFY AS A CHARITABLE
CONTRIBUTION.—A cash contribution made for the relief of the families of the
dead or wounded victims of the mass shooting in Virginia Beach, Virginia, on May 31,
2019, shall not fail to be treated as a charitable contribution for purposes of section 170 of the Internal Revenue Code of 1986 merely because such contribution is for the exclusive benefit of such families.
The preceding sentence shall apply to contributions made on or after May 31, 2019.
“(b) CLARIFICATION THAT PAYMENTS BY CHARITABLE ORGANIZATIONS TO FAMILIES TREATED
AS EXEMPT PAYMENTS.—For purposes of the Internal Revenue Code of 1986, payments made on or after May 31, 2019, and on or before June 1, 2021, to
the spouse or any dependent
(as defined in section 152 of such Code) of the dead or wounded victims of the mass
shooting in Virginia Beach, Virginia, on May 31, 2019, by an organization which (determined
without regard to any such payments)
would be an organization exempt from tax under section 501(a) of such Code shall—
“(1) be treated as related to the purpose or function constituting the basis
for such organization's exemption under such section; and
“(2) shall not be treated as inuring to the benefit of any private individual,
“if such payments are made in good faith using a reasonable and objective formula
which is consistently applied with respect to such victims.”
OTHER DISASTER-RELATED TAX RELIEF PROVISIONS.
Section 204 of Pub. L. 116-94, Div. Q, provided:
“(a) TEMPORARY INCREASE IN LIMITATION ON QUALIFIED CONTRIBUTIONS.—
“(1) SUSPENSION OF CURRENT LIMITATION.—Except as otherwise provided in
paragraph
(2), qualified contributions shall be disregarded in applying subsections
(b) and (d) of section 170 of the Internal Revenue Code of 1986.
“(2) APPLICATION OF INCREASED LIMITATION.— For purposes of section 170 of the Internal Revenue Code of 1986—
“(A) INDIVIDUALS.—In the case of an individual—
“(i) LIMITATION.—Any qualified contribution shall be allowed as a deduction
only to the extent that the aggregate of such contributions does not exceed the excess
of the taxpayer's contribution base (as defined in subparagraph
(H) of section 170(b)(1) of such Code) over the amount of all other charitable contributions
allowed under section 170(b)(1) of such Code.
“(ii) CARRYOVER.—If the aggregate amount of qualified contributions made
in the contribution year (within the meaning of section 170(d)(1) of such Code) exceeds
the limitation of clause (i), such excess shall be added to the excess described in
section 170(b)(1)(G)(ii).
“(B) CORPORATIONS.—In the case of a corporation—
“(i) LIMITATION.—Any qualified contribution shall be allowed as a deduction
only to the extent that the aggregate of such contributions does not exceed the excess
of the taxpayer's taxable income (as determined under paragraph (2) of section 170(b)
of such Code) over the amount of all other charitable contributions allowed under
such paragraph.
“(ii) CARRYOVER.—If the aggregate amount of qualified contributions made
in the contribution year (within the meaning of section 170(d)(2) of such Code) exceeds
the limitation of clause (i), such excess shall be appropriately taken into account
under section 170(d)(2) subject to the limitations thereof.
“(3) QUALIFIED CONTRIBUTIONS.—
“(A) IN GENERAL.—For purposes of this subsection, the term ‘‘qualified
contribution’’
means any charitable contribution (as defined in section 170(c) of the Internal Revenue Code of 1986) if—
“(i) such contribution—
“(I) is paid, during the period beginning on January 1, 2018, and ending on
the date which is 60 days after the date of the enactment of this Act, in cash to
an organization described in section 170(b)(1)(A) of such Code, and
“(II) is made for relief efforts in one or more qualified disaster areas,
“(ii) the taxpayer obtains from such organization contemporaneous written acknowledgment
(within the meaning of section 170(f)(8) of such Code) that such contribution was
used (or is to be used) for relief efforts described in clause
(i)(II), and
“(iii) the taxpayer has elected the application of this subsection with respect
to such contribution.
“(B) EXCEPTION.—Such term shall not include a contribution by a donor
if the contribution is—
“(i) to an organization described in section 509(a)(3) of the Internal Revenue Code of 1986, or
“(ii) for the establishment of a new, or maintenance of an existing, donor advised
fund (as defined in section 4966(d)(2) of such Code).
“(C) APPLICATION OF ELECTION TO PARTNERSHIPS AND S CORPORATIONS.—In the
case of a partnership or S corporation, the election under subparagraph (A)(iii)
shall be made separately by each partner or shareholder.
“(b) SPECIAL RULES FOR QUALIFIED DISASTER-RELATED PERSONAL CASUALTY LOSSES.—
“(1) IN GENERAL.—If an individual has a net disaster loss for any taxable
year—
“(A) the amount determined under section 165(h)(2)(A)(ii)
of the Internal Revenue Code of 1986 shall be equal to the sum of—
“(i) such net disaster loss, and
“(ii) so much of the excess referred to in the matter preceding clause (i) of
section 165(h)(2)(A)
of such Code (reduced by the amount in clause (i) of this subparagraph)
as exceeds 10 percent of the adjusted gross income of the individual,
“(B) section 165(h)(1)
of such Code shall be applied by substituting ‘‘$500’’
for ‘‘$500 ($100 for taxable years beginning after December 31, 2009)’’,
“(C) the standard deduction determined under section 63(c) of such Code shall
be increased by the net disaster loss, and
“(D) section 56(b)(1)(E)
of such Code (section 56(b)(1)(D) of such Code in the case of taxable years ending
after December 31, 2018) shall not apply to so much of the standard deduction as is
attributable to the increase under subparagraph
(C) of this paragraph.
“(2) NET DISASTER LOSS.—For purposes of this subsection, the term ‘‘net
disaster loss’’ means the excess of qualified disaster-related personal
casualty losses over personal casualty gains (as defined in section 165(h)(3)(A) of the Internal Revenue Code of 1986).
“(3) QUALIFIED DISASTER-RELATED PERSONAL CASUALTY LOSSES.—For purposes
of this subsection, the term ‘‘qualified disaster-related personal casualty
losses’’
means losses described in section 165(c)(3) of the Internal Revenue Code of 1986 which arise in a qualified disaster area on or after the first day of the
incident period of the qualified disaster to which such area relates, and which are
attributable to such qualified disaster.
“(c) SPECIAL RULE FOR DETERMINING EARNED INCOME.—
“(1) IN GENERAL.—In the case of a qualified individual, if the earned
income of the taxpayer for the applicable taxable year is less than the earned income
of the taxpayer for the preceding taxable year, the credits allowed under sections
24(d) and 32 of the Internal Revenue Code of 1986 may, at the election of the taxpayer, be determined by substituting—
“(A) such earned income for the preceding taxable year, for
“(B) such earned income for the applicable taxable year.
“(2) QUALIFIED INDIVIDUAL.—For purposes of this subsection, the term ‘‘qualified
individual’’
means any individual whose principal place of abode at any time during the incident
period of any qualified disaster was located—
“(A) in the qualified disaster zone with respect to such qualified disaster,
or
“(B) in the qualified disaster area with respect to such qualified disaster
(but outside the qualified disaster zone with respect to such quali1760 fied disaster)
and such individual was displaced from such principal place of abode by reason of
such qualified disaster.
“(3) APPLICABLE TAXABLE YEAR.—For purposes of this subsection, the term
‘‘applicable taxable year’’ means—
“(A) in the case of a qualified individual other than an individual described
in subparagraph
(B), any taxable year which includes any portion of the incident period of the qualified
disaster to which the qualified disaster area referred to in paragraph (2)(A) relates,
or
“(B) in the case of a qualified individual described in subparagraph (B) of
paragraph
(2), any taxable year which includes any portion of the period described in such subparagraph.
“(4) EARNED INCOME.—For purposes of this subsection, the term ‘‘earned
income’’
has the meaning given such term under section 32(c) of the Internal Revenue Code of 1986.
“(5) SPECIAL RULES.—
“(A) APPLICATION TO JOINT RETURNS.—For purposes of paragraph (1), in the
case of a joint return for an applicable taxable year—
“(i) such paragraph shall apply if either spouse is a qualified individual,
and
“(ii) the earned income of the taxpayer for the preceding taxable year shall
be the sum of the earned income of each spouse for such preceding taxable year.
“(B) UNIFORM APPLICATION OF ELECTION.— Any election made under paragraph
(1) shall apply with respect to both sections 24(d) and 32 of the Internal Revenue Code of 1986.
“(C) ERRORS TREATED AS MATHEMATICAL ERROR.—For purposes of section 6213 of the Internal Revenue Code of 1986, an incorrect use on a return of earned income pursuant to paragraph (1) shall
be treated as a mathematical or clerical error.
“(D) NO EFFECT ON DETERMINATION OF GROSS INCOME, ETC.—Except as otherwise
provided in this subsection, the Internal Revenue Code of 1986 shall be applied without regard to any substitution under paragraph (1).”
TEMPORARY SUSPENSION OF LIMITATIONS ON CHARITABLE CONTRIBUTIONS
Section 504(a) of Pub. L. 115–63 provided:
“(1) IN GENERAL.—Except as otherwise provided in paragraph (2), subsection
(b) of section 170 of the Internal Revenue Code of 1986 shall not apply to qualified contributions and such contributions shall not
be taken into account for purposes of applying subsections (b) and (d) of such section
to other contributions.”
“(2) TREATMENT OF EXCESS CONTRIBUTIONS.—For purposes of section 170 of the Internal Revenue Code of 1986—
“(A) INDIVIDUALS.—In the case of an individual—
“(i) LIMITATION.—Any qualified contribution shall be allowed only to the
extent that the aggregate of such contributions does not exceed the excess of the
taxpayer's contribution base
(as defined in subparagraph (G) of section 170(b)(1) of such Code)
over the amount of all other charitable contributions allowed under section 170(b)(1)
of such Code.
“(ii) CARRYOVER.—If the aggregate
amount of qualified contributions made in the contribution year (within the meaning
of section 170(d)(1) of such Code) exceeds the limitation of clause (i), such excess
shall be added to the excess described in the portion of subparagraph (A) of such
section which precedes clause (i) thereof for purposes of applying such section.
“(B) CORPORATIONS.—In the case of a corporation—
“(i) LIMITATION.—Any qualified contribution shall be allowed only to the
extent that the aggregate of such contributions does not exceed the excess of the
taxpayer's taxable income
(as determined under paragraph (2) of section 170(b) of such Code)
over the amount of all other charitable contributions allowed under such paragraph.
“(ii) CARRYOVER.—Rules similar to the
rules of subparagraph (A)(ii) shall apply for purposes of this subparagraph.”
“(3) EXCEPTION TO OVERALL LIMITATION ON
ITEMIZED DEDUCTIONS.—So much of any deduction allowed under section 170 of the Internal Revenue Code of 1986 as does not exceed the qualified contributions paid during the taxable year
shall not be treated as an itemized deduction for purposes of section 68 of such Code.
“(4) QUALIFIED CONTRIBUTIONS.—
“(A) IN GENERAL.—For purposes of this subsection, the term ‘‘qualified
contribution’’
means any charitable contribution (as defined in section 170(c) of the Internal Revenue Code of 1986) if—
“(i) such contribution—
“(I) is paid during the period beginning on August 23, 2017, and ending on December
31, 2017, in cash to an organization described in section 170(b)(1)(A) of such Code,
and
“(II) is made for relief efforts in the Hurricane Harvey disaster area, the
Hurricane Irma disaster area, or the Hurricane Maria disaster area,
“(ii) the taxpayer obtains from such organization contemporaneous written acknowledgment
(within the meaning of section 170(f)(8) of such Code) that such contribution was
used (or is to be used) for relief efforts described in clause (i)(II), and
“(iii) the taxpayer has elected the application of this subsection with respect
to such contribution.
“(B) EXCEPTION.—Such term shall not include a contribution by a donor
if the contribution is—
“(i) to an organization described in section 509(a)(3) of the Internal Revenue Code of 1986, or
“(ii) for the establishment of a new, or maintenance of an existing, donor advised
fund (as defined in section 4966(d)(2) of such Code).
“(C) APPLICATION OF ELECTION TO PARTNERSHIPS AND S CORPORATIONS.—In the
case of a partnership or S corporation, the election under subparagraph (A)(iii) shall
be made separately by each partner or shareholder.”
ACCELERATION OF INCOME TAX BENEFITS FOR CHARITABLE CASH CONTRIBUTIONS FOR RELIEF OF
THE FAMILIES OF NEW YORK POLICE DEPARTMENT DETECTIVES WENJIAN LIU AND RAFAEL RAMOS
Section 2 of Pub. L. 114-7 provided that:
“(a) IN GENERAL.—For purposes of section 170 of the Internal Revenue Code of 1986 a taxpayer may treat any contribution described in subsection
(b) made between January 1, 2015, and April 15, 2015, as if such contribution was
made on December 31, 2014, and not in 2015.
“(b) CONTRIBUTION DESCRIBED.—A contribution is described in this subsection
if such contribution is a cash contribution made for the relief of the families of
slain New York Police Department Detectives Wenjian Liu and Rafael Ramos, for which
a charitable contribution deduction is allowable under section 170 of the Internal Revenue Codeof 1986.
“(c) RECORDKEEPING.—In the case of a contribution described in subsection
(b), a telephone bill showing the name of the donee organization, the date of the
contribution, and the amount of the contribution shall be treated as meeting the recordkeeping
requirements of section 170(f)(17) of the Internal Revenue Code of 1986.
“(d) CLARIFICATION THAT CONTRIBUTION WILL NOT FAIL TO QUALIFY AS A CHARITABLE
CONTRIBUTION — A cash contribution made for the relief of the families of slain
New York Police Department Detectives Wenjian Liu and Rafael Ramos shall not fail
to be treated as a charitable contribution for purposes of section 170 of the Internal Revenue Code of 1986 and subsection
(b) of this section merely because such contribution is for the exclusive benefit
of such families. The preceding sentence shall apply to contributions made on or after
December 20, 2014.
“(e) CLARIFICATION THAT PAYMENTS BY CHARITABLE ORGANIZATIONS TO FAMILIES TREATED
AS EXEMPT PAYMENTS.—For purposes of the Internal Revenue Code of 1986, payments made on or after December 20, 2014, and on or before October 15,
2015, to the spouse or any dependent (as defined in section 152 of such Code) of slain
New York Police Department Detectives Wenjian Liu or Rafael Ramos by an organization
which (determined without regard to any such payments) would be an organization exempt
from tax under section 501(a) of such Code shall—
“(1) be treated as related to the purpose or function constituting the basis
for such organization's exemption under such section, and
“(2) shall not be treated as inuring to the benefit of any private individual,
if such payments are made in good faith using a reasonable and objective formula which
is consistently applied with respect to such Detectives.”
ACCELERATION OF INCOME TAX BENEFITS FOR CHARITABLE CASH CONTRIBUTIONS FOR RELIEF OF
VICTIMS OF TYPHOON HAIYAN IN THE PHILIPPINES
Section 2 of Pub. L. 113-92 provided that:
“(a) IN GENERAL.—For purposes of section 170 of the Internal Revenue Code of 1986, a taxpayer may treat any contribution described in subsection
(b) made after the date of the enactment of this Act [Enacted: Mar. 25, 2014], and
before April 15, 2014, as if such contribution was made on December 31, 2013, and
not in 2014.
“(b)
CONTRIBUTION DESCRIBED.—A contribution is described in this subsection if such
contribution is a cash contribution made for the relief of victims in areas affected
by Typhoon Haiyan, for which a charitable contribution deduction is allowable under
section 170 of the Internal Revenue Code of 1986.
“(c)
RECORDKEEPING.—In the case of a contribution described in subsection
(b), a telephone bill showing the name of the donee organization, the date of the
contribution, and the amount of the contribution shall be treated as meeting the recordkeeping
requirements of section 170(f)(17) of the Internal Revenue Code of 1986.”
WITHDRAWAL OF CERTAIN FEDERAL LAND AND INTERESTS IN CERTAIN FEDERAL LAND FROM LOCATION,
ENTRY, AND PATENT UNDER THE MINING LAWS AND DISPOSITION UNDER THE MINERAL AND GEOTHERMAL
LEASING LAWS
Section 403(c) of Pub. L. 109-432, div. C, provided that:
“(c) Tax Incentive for Sale of Existing Mineral and Geothermal Rights to
Tax-Exempt Entities-
“(1) EXCLUSION- For purposes of the Internal Revenue Code of 1986, gross income shall not include 25 percent of the qualifying gain from
a conservation sale of a qualifying mineral or geothermal interest.
“(2) QUALIFYING GAIN- For purposes of this subsection, the term ‘qualifying
gain’ means any gain which would be recognized as long-term capital gain
under such Code.
“(3) CONSERVATION SALE- For purposes of this subsection, the term ‘conservation
sale’ means a sale which meets the following requirements:
“(A) TRANSFEREE IS AN ELIGIBLE ENTITY- The transferee of the qualifying
mineral or geothermal interest is an eligible entity.
“(B) QUALIFYING LETTER OF INTENT REQUIRED- At the time of the sale, such
transferee provides the taxpayer with a qualifying letter of intent.
“(C) NONAPPLICATION TO CERTAIN SALES- The sale is not made pursuant to an
order of condemnation or eminent domain.
“(4) QUALIFYING MINERAL OR GEOTHERMAL INTEREST-
For purposes of this subsection--
“(A) IN GENERAL- The term ‘qualifying mineral or geothermal interest’
means an interest in any mineral or geothermal deposit located on eligible
Federal land which constitutes a taxpayer's entire interest in such deposit.
“(B) ENTIRE INTEREST- For purposes of subparagraph
(A)--
“(i) an interest in any mineral or geothermal deposit is not a taxpayer's
entire interest if such interest in such mineral or geothermal deposit was
divided in order to avoid the requirements of such subparagraph or section
170(f)(3)(A)
of such Code, and
“(ii) a taxpayer's entire interest in such deposit does not fail to
satisfy such subparagraph solely because the taxpayer has retained an interest
in other deposits, even if the other deposits are contiguous with such certain
deposit and were acquired by the taxpayer along with such certain deposit
in a single conveyance.
“(5) OTHER DEFINITIONS- For purposes of this subsection--
“(A) ELIGIBLE ENTITY- The term ‘eligible entity’
means--
“(i) a governmental unit referred to in section 170(c)(1) of such Code,
or an agency or department thereof operated primarily for 1 or more of the
conservation purposes specified in clause (i), (ii), or (iii) of section
170(h)(4)(A)
of such Code, or
“(ii) an entity which is--
“(I) described in section 170(b)(1)(A)(vi) or section 170(h)(3)(B) of
such Code, and
“(II) organized and at all times operated primarily for 1 or more of
the conservation purposes specified in clause (i), (ii), or (iii) of section
170(h)(4)(A) of such Code.
“(B) QUALIFYING LETTER OF INTENT- The term ‘qualifying letter of intent’
means a written letter of intent which includes the following statement: ‘The
transferee's intent is that this acquisition will serve 1 or more of the conservation
purposes specified in clause (i), (ii), or (iii) of section 170(h)(4)(A) of the Internal Revenue Code of 1986, that the transferee's use of the deposits so acquired will be consistent
with section 170(h)(5) of such Code, and that the use of the deposits will
continue to be consistent with such section, even if ownership or possession
of such deposits is subsequently transferred to another person.'.
“(6) TAX ON SUBSEQUENT TRANSFERS-
“(A) IN GENERAL- A tax is hereby imposed on any subsequent transfer by an
eligible entity of ownership or possession, whether by sale, exchange, or lease,
of an interest acquired directly or indirectly in--
“(i) a conservation sale described in paragraph
(1), or
“(ii) a transfer described in clause (i), (ii), or (iii) of subparagraph
(D).
“(B) AMOUNT OF TAX- The amount of tax imposed by subparagraph (A) on any
transfer shall be equal to the sum of--
“(i) 20 percent of the fair market value (determined at the time of the
transfer) of the interest the ownership or possession of which is transferred,
plus
“(ii) the product of--
“(I) the highest rate of tax specified in section 11 of such Code, times
“(II) any gain or income realized by the transferor as a result of the
transfer.
“(C) LIABILITY- The tax imposed by subparagraph
(A) shall be paid by the transferor.
“(D) RELIEF FROM LIABILITY- The person (otherwise liable for any tax
imposed by subparagraph (A)) shall be relieved of liability for the tax imposed
by subparagraph (A) with respect to any transfer if--
“(i) the transferee is an eligible entity which provides such person, at
the time of transfer, a qualifying letter of intent,
“(ii) in any case where the transferee is not an eligible entity, it is
established to the satisfaction of the Secretary of the Treasury, that the
transfer of ownership or possession, as the case may be, will be consistent
with section 170(h)(5) of such Code, and the transferee provides such person,
at the time of transfer, a qualifying letter of
intent, or
“(iii) tax has previously been paid under this paragraph as a result of a
prior transfer of ownership or possession of the same interest.
“(E) ADMINISTRATIVE PROVISIONS- For purposes of subtitle F of such Code,
the taxes imposed by this paragraph shall be treated as excise taxes with respect
to which the deficiency procedures of such subtitle apply.
“(7) REPORTING- The Secretary of the Treasury may require such reporting as
may be necessary or appropriate to further the purpose under this subsection
that any conservation use be in perpetuity.”
TEMPORARY SUSPENSION OF LIMITATIONS ON CHARITABLE CONTRIBUTIONS
Section 301 of Pub. L. 109-73, before repeal by Pub. L. 109-135, Sec. 201(b)(4) (effective Dec. 21, 2005), provided that:
“(a) IN GENERAL.--Except as otherwise provided in subsection (b), section 170(b) of the Internal Revenue Code of 1986 shall not apply to qualified contributions and such contributions shall not
be taken into account for purposes of applying subsections (b) and (d) of section
170 of such Code to other contributions.
“(b) TREATMENT OF EXCESS CONTRIBUTIONS.--For purposes of section 170 of such
Code--
“(1) INDIVIDUALS.--In the case of an individual--
“(A) LIMITATION.--Any qualified contribution shall be allowed only to the extent
that the aggregate of such contributions does not exceed the excess of the taxpayer's
contribution base (as defined in subparagraph (F) of section 170(b)(1) of such Code)
over the amount of all other charitable contributions allowed under such section 170(b)(1).
“(B) CARRYOVER.--If the aggregate amount of qualified contributions made in
the contribution year (within the meaning of section 170(d)(1) of such Code) exceeds
the limitation of subparagraph
(A), such excess shall be added to the excess described in the portion of subparagraph
(A) of such section which precedes clause (i) thereof for purposes of applying such
section.
“(2) CORPORATIONS.--In the case of a corporation--
“(A) LIMITATION.--Any qualified contribution shall be allowed only to the extent
that the aggregate of such contributions does not exceed the excess of the taxpayer's
taxable income (as determined under paragraph (2) of section 170(b) of such Code)
over the amount of all other charitable contributions allowed under such paragraph.
“(B) CARRYOVER.--Rules similar to the rules of paragraph (1)(B) shall apply
for purposes of this paragraph.
“(c) EXCEPTION TO OVERALL LIMITATION ON ITEMIZED DEDUCTIONS.--So much of any
deduction allowed under section 170 of such Code as does not exceed the qualified
contributions paid during the taxable year shall not be treated as an itemized deduction
for purposes of section 68 of such Code.
“(d) QUALIFIED CONTRIBUTIONS.--
“(1) IN GENERAL.--For purposes of this section, the term “qualified contribution”
means any charitable contribution
(as defined in section 170(c) of such Code)--
“(A) paid during the period beginning on August 28, 2005, and ending on December
31, 2005, in cash to an organization described in section 170(b)(1)(A) of such Code
(other than an organization described in section 509(a)(3) of such Code),
“(B) in the case of a contribution paid by a corporation, such contribution
is for relief efforts related to Hurricane Katrina, and
“(C) with respect to which the taxpayer has elected the application of this
section.
“(2) EXCEPTION.--Such term shall not include a contribution if the contribution
is for establishment of a new, or maintenance in an existing, segregated fund or account
with respect to which the donor (or any person appointed or designated by such donor)
has, or reasonably expects to have, advisory privileges with respect to distributions
or investments by reason of the donor's status as a donor.
“(3) APPLICATION OF ELECTION TO PARTNERSHIPS AND S CORPORATIONS.--In the case
of a partnership or S corporation, the election under paragraph (1)(C) shall be made
separately by each partner or shareholder.”
INCREASE IN STANDARD MILEAGE RATE FOR CHARITABLE USE OF VEHICLES
Section 303 of Pub. L. 109-73 provided that:
“Notwithstanding section 170(i) of the Internal Revenue Code of 1986, for purposes of computing the deduction under section 170 of such Code for
use of a vehicle described in subsection (f)(12)(E)(i) of such section for provision
of relief related to Hurricane Katrina during the period beginning on August 25, 2005,
and ending on December 31, 2006, the standard mileage rate shall be 70 percent of
the standard mileage rate in effect under section 162(a) of such Code at the time
of such use. Any increase under this section shall be rounded to the next highest
cent.”
MILEAGE REIMBURSEMENTS TO CHARITABLE VOLUNTEERS EXCLUDED FROM GROSS INCOME
Section 304 of Pub. L. 109-73 provided that:
“(a) IN GENERAL.--For purposes of the Internal Revenue Code of 1986, gross income of an individual for taxable years ending on or after August
25, 2005, does not include amounts received, from an organization described in section
170(c) of such Code, as reimbursement of operating expenses with respect to use of
a passenger automobile for the benefit of such organization in connection with providing
relief relating to Hurricane Katrina during the period beginning on August 25, 2005,
and ending on December 31, 2006. The preceding sentence shall apply only to the extent
that the expenses which are reimbursed would be deductible under chapter 1 of such
Code if section 274(d) of such Code were applied--
“(1) by using the standard business mileage rate in effect under section 162(a)
at the time of such use, and
“(2) as if the individual were an employee of an organization not described
in section 170(c) of such Code.
“(b) APPLICATION TO VOLUNTEER SERVICES ONLY.--Subsection
(a) shall not apply with respect to any expenses relating to the performance of services
for compensation.
“(c) NO DOUBLE BENEFIT.--No deduction or credit shall be allowed under any other
provision of such Code with respect to the expenses excludable from gross income under
subsection (a).”
ACCELERATION OF INCOME TAX BENEFITS FOR CHARITABLE CASH CONTRIBUTIONS FOR RELIEF
OF INDIAN OCEAN TSUNAMI VICTIMS
Section 1 of Pub. L. 109-1 provided that:
“(a) IN GENERAL.--For purposes of section 170 of the Internal Revenue Code of
1986, a taxpayer may treat any contribution described in subsection
(b) made in January 2005 as if such contribution was made on December 31, 2004, and
not in January 2005.
(b) CONTRIBUTION DESCRIBED.--A contribution is described in this subsection if such
contribution is a cash contribution made for the relief of victims in areas affected
by the December 26, 2004, Indian Ocean tsunami for which a charitable contribution
deduction is allowable under section 170 of the Internal Revenue Code of 1986.”
ANTI-ABUSE RULES
Section 882(e) of Pub. L. 108-357 provided that:
“(e) Anti-Abuse Rules- The Secretary of the Treasury may prescribe such regulations
or other guidance as may be necessary or appropriate to prevent the avoidance of
the purposes of section 170(e)(1)(B)(iii) of the Internal
Revenue Code of 1986 (as added by subsection
(a)), including preventing--
“(1) the circumvention of the reduction of the charitable deduction by
embedding or bundling the patent or similar property as part of a charitable
contribution of property that includes the patent or similar property,
“(2) the manipulation of the basis of the property to increase the amount
of the charitable deduction through the use of related persons, pass-thru entities,
or other intermediaries, or through the use of any provision of law or regulation
(including the consolidated return regulations), and
“(3) a donor from changing the form of the patent or similar property to
property of a form for which different deduction rules would apply.”
SAVINGS PROVISION
For provisions that nothing in amendment by Pub. L. 101-508 be construed to affect treatment of certain transactions occurring, property acquired,
or items of income, loss, deduction, or credit taken into account prior to Nov. 5,
1990, for purposes of determining liability for tax for periods ending after Nov.
5, 1990, see section 11821(b) of Pub. L. 101-508, set out as a note under section 29 of this title.
AUTHORITY TO WAIVE APPRAISAL REQUIREMENT FOR CERTAIN CHARITABLE CONTRIBUTIONS OF PROPERTY
Section 6281 of Pub. L. 100-647 provided that: ‘Notwithstanding paragraph
(2) of section 155(a) of the Tax Reform Act of 1984 (section 155(a)(2)
of Pub. L. 98-369, set out below), the Secretary of the Treasury or his delegate may in the regulations
prescribed pursuant to such section waive the requirement of a qualified appraisal
in the case of a qualified contribution (within the meaning of section 170(e)(3)(A)
of the 1986 Code) of property described in section 1221(1) (probably means section
1221(1) of the 1986 Code) with a claimed value in excess of $5,000.'
PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1989
For provisions directing that if any amendments made by subtitle A or subtitle C of
title XI (Sec. 1101-1147 and 1171-1177)
or title XVIII (Sec. 1800-1899A) of Pub. L. 99-514 require an amendment to any plan, such plan amendment shall not be required to be
made before the first plan year beginning on or after Jan. 1, 1989, see section 1140
of Pub. L. 99-514, as amended, set out as a note under section 401 of this title.
TREATMENT OF CERTAIN AMOUNTS PAID TO OR FOR THE BENEFIT OF CERTAIN INSTITUTIONS OF
HIGHER EDUCATION
Section 1608 of Pub. L. 99-514, which related to treatment of certain amounts paid to or for the benefit of certain
institutions of higher education, was repealed by Pub. L. 100-647, title I, Sec. 1016(b), Nov. 10, 1988, 102 Stat. 3575.
SUBSTANTIATION OF CHARITABLE CONTRIBUTIONS OF PROPERTY
Section 155(a) of Pub. L. 98-369, as amended by Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that:
‘(1) In general. - Not later than December 31, 1984, the Secretary shall prescribe
regulations under section 170(a)(1) of the Internal Revenue Code of 1986 (formerly I.R.C. 1954), which require any individual, closely held corporation, or personal service corporation
claiming a deduction under section 170 of such Code for a contribution described in
paragraph (2) -
‘(A) to obtain a qualified appraisal for the property contributed,
‘(B) to attach an appraisal summary to the return on which such deduction is
first claimed for such contribution, and
‘(C) to include on such return such additional information (including the cost
basis and acquisition date of the contributed property) as the Secretary may prescribe
in such regulations.
Such regulations shall require the taxpayer to retain any qualified appraisal.
‘(2) Contributions to which paragraph (1) applies.
- For purposes of paragraph (1), a contribution is described in this paragraph -
‘(A) if such contribution is of property (other than publicly traded securities),
and
‘(B) if the claimed value of such property (plus the claimed value of all similar
items of property donated to 1 or more donees) exceeds $5,000.
In the case of any property which is nonpublicly traded stock, subparagraph (B) shall
be applied by substituting ‘$10,000’
for ‘$5,000’.
‘(3) Appraisal summary. - For purposes of this subsection, the appraisal summary
shall be in such form and include such information as the Secretary prescribes by
regulations. Such summary shall be signed by the qualified appraiser preparing the
qualified appraisal and shall contain the TIN of such appraiser.
Such summary shall be acknowledged by the donee of the property appraised in such
manner as the Secretary prescribes in such regulations.
‘(4) Qualified appraisal. - The term ‘qualified appraisal’ means
an appraisal prepared by a qualified appraiser which includes -
‘(A) a description of the property appraised,
‘(B) the fair market value of such property on the date of contribution and
the specific basis for the valuation,
‘(C) a statement that such appraisal was prepared for income tax purposes,
‘(D) the qualifications of the qualified appraiser,
‘(E) the signature and TIN of such appraiser, and
‘(F) such additional information as the Secretary prescribes in such regulations.
‘(5) Qualified appraiser. -
‘(A) In general. - For purposes of this subsection, the term ‘qualified
appraiser’ means an appraiser qualified to make appraisals of the type of property
donated, who is not -
‘(i) the taxpayer,
‘(ii) a party to the transaction in which the taxpayer acquired the property,
‘(iii) the donee,
‘(iv) any person employed by any of the foregoing persons or related to any
of the foregoing persons under section 267(b) of the Internal Revenue Code of 1986, or
‘(v) to the extent provided in such regulations, any person whose relationship
to the taxpayer would cause a reasonable person to question the independence of such
appraiser.
‘(B) Appraisal fees. - For purposes of this subsection, an appraisal shall not
be treated as a qualified appraisal if all or part of the fee paid for such appraisal
is based on a percentage of the appraised value of the property. The preceding sentence
shall not apply to fees based on a sliding scale that are paid to a generally recognized
association regulating appraisers.
‘(6) Other definitions. - For purposes of this subsection -
‘(A) Closely held corporation.
- The term ‘closely held corporation’ means any corporation (other than
an S corporation) with respect to which the stock ownership requirement of paragraph
(2) of section 542(a) of such Code is met.
‘(B) Personal service corporation.
- The term ‘personal service corporation’ means any corporation (other
than an S corporation) which is a service organization (within the meaning of section
414(m)(3) of such Code).
‘(C) Publicly traded securities.
- The term ‘publicly traded securities’ means securities for which
(as of the date of the contribution) market quotations are readily available on an
established securities market.
‘(D) Nonpublicly traded stock.
- The term ‘nonpublicly traded stock’ means any stock of a corporation
which is not a publicly traded security.
‘(E) The secretary. - The term
‘Secretary’ means the Secretary of the Treasury or his delegate.'
CHANGE OF NAME
International Communication Agency, and Director thereof, redesignated United States
Information Agency, and Director thereof, by section 303 of Pub. L. 97-241, title III, Aug. 24, 1982, 96 Stat. 291, set out as a note under section 1461 of Title 22, Foreign Relations and Intercourse.
CHARITABLE LEAD TRUSTS AND CHARITABLE REMAINDER TRUSTS IN CASE OF INCOME AND GIFT
TAXES
For includibility of provisions comparable to section 2055(e)(3) of this title in
this section, see section 514(b) of Pub. L. 95-600, set out as a note under section 2055 of this title.
DEDUCTION OF CONTRIBUTIONS TO CERTAIN ORGANIZATIONS FOR JUDICIAL REFORM
Section 29 of Pub. L. 87-834, as amended by Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that: ‘For purposes of section 170 of the Internal Revenue Code of 1986 (formerly I.R.C. 1954) (relating to deduction for charitable, etc., contributions and gifts), a contribution
or gift made after December 31, 1961, with respect to a referendum occurring during
the calendar year 1962 to or for the use of any nonprofit organization created and
operated exclusively -
‘(1) to consider proposals for the reorganization of the judicial branch of
the government of any State of the United States or political subdivision of such
State, and
‘(2) to provide information, make recommendations, and seek public support or
opposition as to such proposals, shall be treated as a charitable contribution if
no part of the net earnings of such organization inures to the benefit of any private
shareholder or individual. The provisions of the preceding sentence shall not apply
to any organization which participates in, or intervenes in, any political campaign
on behalf of any candidate for public office.’
