Famous Irish writer Oscar Wilde said, “I have the simplest tastes. I am always satisfied with the best.” Here are a few of my best ideas about stretching your charitable dollar.
Why not give now, rather than later?
Let me tell you about my imaginary friend, Aideen O’Murphy. Aideen intends to donate to charity eventually, at death through her will and estate plan. But why not give now? Aideen can have more say about use of gifts while she’s alive, and also feel the joy that comes with helping worthy causes. There are also positive tax benefits for Aideen to give now rather than later.
Faith and begorrah: double federal tax benefit
Gifts of long-term capital assets, such as stock, real estate, and farmland [where leprechauns may live!], can receive a double federal tax benefit. First, Aideen can receive an immediate charitable deduction off federal income tax, equal to the fair market value of the stock, real estate, or farmland.
Second, assuming Aideen owned the asset for more than one year at the time the asset is donated, Aideen can avoid long-term capital gain taxes which would have been owed if the asset was sold.
Let’s look at a concrete example to make this clearer. Aideen owns shares of stock in Shamrock, Inc. [let’s pretend it’s a publicly traded U.S. stock] with a fair market value of $10,000. She wants her stock to help her favorite causes. Which would be better for Aideen – to sell the stock and donate the cash, or give the stock directly to her favorite charities? Assume the stock was originally purchased at $2,000 (basis), Aideen’s income tax rate is 39.6%, and her capital gains tax rate is 20%.
Donating cash versus donating long-term capital gain assets
Donating cash proceeds after sale of stock
Donating stock
Value of gift
$10,000
$10,000
Federal income tax charitable deduction
($3,960)
($3,960)
Federal capital gains tax savings
$0
($1,600)
Out-of-pocket cost of gift
$6,040
$4,440
NOTE: ABOVE TABLE IS FOR ILLUSTRATIVE PURPOSES ONLY. ONLY YOUR OWN FINANCIAL OR TAX ADVISOR CAN ADVISE IN THESE MATTERS.
Again, a gift of long-term capital assets, such as stocks, real estate, or farmland, made during lifetime, can be doubly beneficial. Aideen can receive a federal income tax charitable deduction equal to the fair market value of the asset. Aideen can also avoid capital gains tax.
In Iowa, however, there is even more potential tax benefit. Aideen can also receive a 25% state tax credit for gifts made during lifetime, lowering the after tax cost of charitable gifts even further.
Saints preserve us:25% Iowa tax credit
Under the Endow Iowa Tax Credit program, gifts made during lifetime can be eligible for a 25% tax credit. There are three basic requirements to qualify.
First, the gift must be given to, or receipted by, a qualified Iowa community foundation (there’s a local community foundation near you).
Second, the gift must be made to an Iowa charity. For example, to receive Endow Iowa tax credits, Aideen couldn’t give directly to National Public Radio, but she could give to Iowa Public Radio.
Third, the gift must be endowed – that is, a permanent gift. Under Endow Iowa, no more than 5% of the gift can be granted each year – the rest is held by, and invested by, your community foundation. Clearly, this final requirement is a major restriction. Still, in exchange for a 25% state tax credit, it must be seriously considered by Aideen and other Iowa donors.
If Aideen makes an Endow Iowa qualifying gift, the tax savings are very dramatic. There are potentially huge tax benefits for donating long-term capital gain assets, such as stocks, real estate, and farmland, while claiming the Endow Iowa Tax Credit:
Value of gift
$10,000
Federal income tax charitable deduction
($3,960)
Federal capital gains tax savings
($1,600)
Endow Iowa Tax Credit
($2,500)
Out-of-pocket cost of gift
$1,940
NOTE: ABOVE TABLE IS FOR ILLUSTRATIVE PURPOSES ONLY. ONLY YOUR OWN FINANCIAL OR TAX ADVISOR CAN ADVISE IN THESE MATTERS.
Note well Aideen’s significant tax savings. In this scenario, by giving stock during lifetime, Aideen receives $3,960 as a federal charitable deduction, avoids $1,600 of capital gains taxes, and gains a state tax credit for $2,500, for a total tax savings of $8,600. Put another way, Aideen made a gift of $10,000 to her favorite charity, but the out of pocket cost of the gift to her was less than $2,000.
This is a great deal for Aideen and a great deal for Aideen’s favorite causes. But could anything go wrong with this scenario? There are four areas of caution.
Cautionary Notes
The federal income tax charitable deduction is capped. Generally, the federal charitable deduction for gifts of stock, real estate, and farmland is limited to 30% of adjusted gross income. A taxpayer may, however, carry forward any unused deduction amount an additional five years.
Additionally, records are required to obtain a federal income tax charitable deduction. The more the charitable deduction, the more detailed the recording requirements. For example, to receive a charitable deduction for certain gifts of more than $5,000, you need a “qualified appraisal” by a “qualified appraiser,” two terms with very specific meanings to the IRS. You need to engage the right professionals to be sure all requirements are met.
Endow Iowa Tax Credits are also capped – both statewide and per individual. Iowa sets aside a pool of money for Endow Iowa Tax Credits, and it’s available on a first-come, first-served basis. In 2014, approximately $6 million in tax credits was available annually through Endow Iowa. So encourage clients to submit applications now, as tax credits often run out towards year end. Endow Iowa also has a cap per individual. Tax credits of 25 percent of the gifted amount are limited to $300,000 in tax credits per individual for a gift of $1.2 million, or $600,000 in tax credits per couple for a gift of $2.4 million.
Finally, all individuals, families, businesses, and farms are unique and have unique tax issues. This article is presented for informational purposes only, not as tax advice or legal advice. Consult a professional for personal advice.
Gordon Fischer Law Firm, P.C. is dedicated to promoting and maximizing charitable giving in Iowa. Gordon can be reached by phone at 515-371-6077; by email at gordon@gordonfischerlawfirm.com; and through his website at www.gordonfischerlawfirm.com.
Please consider Gordon’s request for you to sign up for his free e-newsletter and encourage others to do the same. A quick and easy sign-up is here.Also, please forward the subscription page to any person or group you think might be interested.
Be social with Gordon. Please “like” Gordon Fischer Law Firm’s Facebook page, follow Gordon on Twitter, and connect with Gordon on LinkedIn and Google+. Links:
https://www.gordonfischerlawfirm.com/wp-content/uploads/2017/05/GFLF-logo-300x141.png00Gordon Fischerhttps://www.gordonfischerlawfirm.com/wp-content/uploads/2017/05/GFLF-logo-300x141.pngGordon Fischer2015-05-23 13:26:292020-05-18 11:29:00Saving o' the green: a case study
A charitable donation is deductible to the extent the donation exceeds the value of any goods or services received in exchange. So what happens when you donate to your favorite charity and receive something tangible in return? This is the issue of “quid pro quo” in charitable gift law.
Quid pro quo (“something for something” in Latin) means an exchange of goods or services, where one transfer is contingent upon the other.
You may deduct the cost of your donation less the value of the goods/services received. If you’re not sure of the value of an item or service received after a donation, be sure to ask. Charitable organizations should provide you clear documentation of the value of your donation.
A quick and easy example, which may be timely too.* If a donor gives a charity $100 and receives a Wagner opera ticket valued at $40, the donor has made a quid pro quo contribution. In this example, the charitable contribution part of the payment is $60. The donor is entitled to a charitable deduction not for $100, but for $60.
Gordon Fischer Law Firm, P.C. is dedicated to promoting and maximizing charitable giving in Iowa. Gordon can be reached by phone at 515-371-6077; by email atgordon@gordonfischerlawfirm.com; and through his website at www.gordonfischerlawfirm.com.
Please consider Gordon’s request for you to sign up for his free e-newsletter and encourage others to do the same. A quick and easy sign-up is here.Also, please forward the subscription page to any person or group you think might be interested.
Also, be social with Gordon. Please “like” Gordon Fischer Law Firm’s Facebook page, follow Gordon on Twitter, and connect with Gordon on LinkedIn and Google+. Links:
TAX CONSEQUENCES OF THE GIFT OF YOUR HORSE TO CHARITY
Introduction
Today the Preakness is being run, so what about a gift horse? You could sell your horse and donate the proceeds; then we’re talking about a cash gift. But if you’ve owned the horse more than two years, the horse could be treated as a long-term capital asset. [Generally speaking, you only have to own property for more than one year to claim long term capital gain status, but horses must be owned for more than two years.]
Basic requirement
To receive a deduction, make certain the organization you choose to receive your horse is certified by the IRS as a charitable organization. You can check out the organization with a search on the IRS website here.
The concept of “related use”
Has the value of your horse increased or decreased since you purchased the horse? If the value has decreased, then the use of the horse by the nonprofit to which you donated the horse does not matter, most probably. If the value of your horse has increased, however, the doctrine of “related use” kicks in.
If appreciated property is considered related to the nonprofit’s exempt purpose, the deduction is based on fair market value and available to the extent of 30% of the donor’s adjusted gross income. If property is considered unrelated to the public charity’s exempt purpose, the deduction is based on the lesser of fair market value and cost basis, and is available to the extent of 50% of donor’s adjusted gross income.
So, for example, if you donate your horse to a youth homeless shelter, so the youth can care for the horses, my best guess would be that you can’t deduct the FMV, as the shelter’s charitable purpose does not really relate to or with horses. Donating the horse to a therapeutic horse riding center, however, should allow FMV deduction since horses are obviously used to fulfill the nonprofit’s major charitable purpose.
Valuation requirements
Donation of a horse, like any donation, requires substantiation if you want to claim a federal income charitable deduction. Here’s a simple explanation of IRS record keeping rules for the charitable deduction:
Gifts of less than $250 per donee — you need a cancelled check or receipt
$250 or more per donee — you need a timely written acknowledgement from the donee
Total deductions for all property exceeds $500 — you need to file IRS Form 8283
Deductions exceeding $5,000 per item — you need a qualified appraisal completed by a qualified appraiser
I provide details on substantiation requirements in a blog post here.
Conclusion
A gift of a horse of course could provide helpful tax benefits. But proceed with due care, as there are some tricky rules.
Gordon Fischer Law Firm, P.C. is dedicated to promoting and maximizing charitable giving in Iowa. Gordon can be reached by phone at 515-371-6077; by email atgordon@gordonfischerlawfirm.com; and through his website at www.gordonfischerlawfirm.com.
Please consider Gordon’s request for you to sign up for his free e-newsletter and encourage others to do the same. A quick and easy sign-up is here.Also, please forward the subscription page to any person or group you think might be interested.
Also, be social with Gordon. Please “like” Gordon Fischer Law Firm’s Facebook page, follow Gordon on Twitter, and connect with Gordon on LinkedIn and Google+. Links:
https://www.gordonfischerlawfirm.com/wp-content/uploads/2017/05/GFLF-logo-300x141.png00Gordon Fischerhttps://www.gordonfischerlawfirm.com/wp-content/uploads/2017/05/GFLF-logo-300x141.pngGordon Fischer2015-05-16 14:22:142020-05-18 11:29:00On the day of the Preakness: What about a gift horse?
Saving o’ the green: a case study
Taxes & FinanceFamous Irish writer Oscar Wilde said, “I have the simplest tastes. I am always satisfied with the best.” Here are a few of my best ideas about stretching your charitable dollar.
Why not give now, rather than later?
Let me tell you about my imaginary friend, Aideen O’Murphy. Aideen intends to donate to charity eventually, at death through her will and estate plan. But why not give now? Aideen can have more say about use of gifts while she’s alive, and also feel the joy that comes with helping worthy causes. There are also positive tax benefits for Aideen to give now rather than later.
Faith and begorrah: double federal tax benefit
Gifts of long-term capital assets, such as stock, real estate, and farmland [where leprechauns may live!], can receive a double federal tax benefit. First, Aideen can receive an immediate charitable deduction off federal income tax, equal to the fair market value of the stock, real estate, or farmland.
Second, assuming Aideen owned the asset for more than one year at the time the asset is donated, Aideen can avoid long-term capital gain taxes which would have been owed if the asset was sold.
Let’s look at a concrete example to make this clearer. Aideen owns shares of stock in Shamrock, Inc. [let’s pretend it’s a publicly traded U.S. stock] with a fair market value of $10,000. She wants her stock to help her favorite causes. Which would be better for Aideen – to sell the stock and donate the cash, or give the stock directly to her favorite charities? Assume the stock was originally purchased at $2,000 (basis), Aideen’s income tax rate is 39.6%, and her capital gains tax rate is 20%.
NOTE: ABOVE TABLE IS FOR ILLUSTRATIVE PURPOSES ONLY. ONLY YOUR OWN FINANCIAL OR TAX ADVISOR CAN ADVISE IN THESE MATTERS.
Again, a gift of long-term capital assets, such as stocks, real estate, or farmland, made during lifetime, can be doubly beneficial. Aideen can receive a federal income tax charitable deduction equal to the fair market value of the asset. Aideen can also avoid capital gains tax.
In Iowa, however, there is even more potential tax benefit. Aideen can also receive a 25% state tax credit for gifts made during lifetime, lowering the after tax cost of charitable gifts even further.
Saints preserve us: 25% Iowa tax credit
Under the Endow Iowa Tax Credit program, gifts made during lifetime can be eligible for a 25% tax credit. There are three basic requirements to qualify.
First, the gift must be given to, or receipted by, a qualified Iowa community foundation (there’s a local community foundation near you).
Second, the gift must be made to an Iowa charity. For example, to receive Endow Iowa tax credits, Aideen couldn’t give directly to National Public Radio, but she could give to Iowa Public Radio.
Third, the gift must be endowed – that is, a permanent gift. Under Endow Iowa, no more than 5% of the gift can be granted each year – the rest is held by, and invested by, your community foundation. Clearly, this final requirement is a major restriction. Still, in exchange for a 25% state tax credit, it must be seriously considered by Aideen and other Iowa donors.
If Aideen makes an Endow Iowa qualifying gift, the tax savings are very dramatic. There are potentially huge tax benefits for donating long-term capital gain assets, such as stocks, real estate, and farmland, while claiming the Endow Iowa Tax Credit:
NOTE: ABOVE TABLE IS FOR ILLUSTRATIVE PURPOSES ONLY. ONLY YOUR OWN FINANCIAL OR TAX ADVISOR CAN ADVISE IN THESE MATTERS.
Note well Aideen’s significant tax savings. In this scenario, by giving stock during lifetime, Aideen receives $3,960 as a federal charitable deduction, avoids $1,600 of capital gains taxes, and gains a state tax credit for $2,500, for a total tax savings of $8,600. Put another way, Aideen made a gift of $10,000 to her favorite charity, but the out of pocket cost of the gift to her was less than $2,000.
This is a great deal for Aideen and a great deal for Aideen’s favorite causes. But could anything go wrong with this scenario? There are four areas of caution.
Cautionary Notes
The federal income tax charitable deduction is capped. Generally, the federal charitable deduction for gifts of stock, real estate, and farmland is limited to 30% of adjusted gross income. A taxpayer may, however, carry forward any unused deduction amount an additional five years.
Additionally, records are required to obtain a federal income tax charitable deduction. The more the charitable deduction, the more detailed the recording requirements. For example, to receive a charitable deduction for certain gifts of more than $5,000, you need a “qualified appraisal” by a “qualified appraiser,” two terms with very specific meanings to the IRS. You need to engage the right professionals to be sure all requirements are met.
Endow Iowa Tax Credits are also capped – both statewide and per individual. Iowa sets aside a pool of money for Endow Iowa Tax Credits, and it’s available on a first-come, first-served basis. In 2014, approximately $6 million in tax credits was available annually through Endow Iowa. So encourage clients to submit applications now, as tax credits often run out towards year end. Endow Iowa also has a cap per individual. Tax credits of 25 percent of the gifted amount are limited to $300,000 in tax credits per individual for a gift of $1.2 million, or $600,000 in tax credits per couple for a gift of $2.4 million.
Finally, all individuals, families, businesses, and farms are unique and have unique tax issues. This article is presented for informational purposes only, not as tax advice or legal advice. Consult a professional for personal advice.
Gordon Fischer Law Firm, P.C. is dedicated to promoting and maximizing charitable giving in Iowa. Gordon can be reached by phone at 515-371-6077; by email at gordon@gordonfischerlawfirm.com; and through his website at www.gordonfischerlawfirm.com.
Please consider Gordon’s request for you to sign up for his free e-newsletter and encourage others to do the same. A quick and easy sign-up is here. Also, please forward the subscription page to any person or group you think might be interested.
Be social with Gordon. Please “like” Gordon Fischer Law Firm’s Facebook page, follow Gordon on Twitter, and connect with Gordon on LinkedIn and Google+. Links:
Facebook:
https://www.facebook.com/gordonfischerlawfirm
Twitter:
https://twitter.com/FischerGordon
LinkedIn:
https://www.linkedin.com/in/fischergordon
Google+:
https://plus.google.com/117606850043111451177/posts/p/pub
#Ireland
#Irish
#clover
#leprechaun
###
Composer Wagner’s birthday & the “quid pro quo” rule
Taxes & FinanceA charitable donation is deductible to the extent the donation exceeds the value of any goods or services received in exchange. So what happens when you donate to your favorite charity and receive something tangible in return? This is the issue of “quid pro quo” in charitable gift law.
Quid pro quo (“something for something” in Latin) means an exchange of goods or services, where one transfer is contingent upon the other.
You may deduct the cost of your donation less the value of the goods/services received. If you’re not sure of the value of an item or service received after a donation, be sure to ask. Charitable organizations should provide you clear documentation of the value of your donation.
A quick and easy example, which may be timely too.* If a donor gives a charity $100 and receives a Wagner opera ticket valued at $40, the donor has made a quid pro quo contribution. In this example, the charitable contribution part of the payment is $60. The donor is entitled to a charitable deduction not for $100, but for $60.
*Today is May 22, birthday of famous composer Wilhelm Richard Wagner, b. 1813
Gordon Fischer Law Firm, P.C. is dedicated to promoting and maximizing charitable giving in Iowa. Gordon can be reached by phone at 515-371-6077; by email at gordon@gordonfischerlawfirm.com; and through his website at www.gordonfischerlawfirm.com.
Please consider Gordon’s request for you to sign up for his free e-newsletter and encourage others to do the same. A quick and easy sign-up is here. Also, please forward the subscription page to any person or group you think might be interested.
Also, be social with Gordon. Please “like” Gordon Fischer Law Firm’s Facebook page, follow Gordon on Twitter, and connect with Gordon on LinkedIn and Google+. Links:
Facebook:
https://www.facebook.com/gordonfischerlawfirm
Twitter:
https://twitter.com/FischerGordon
LinkedIn:
https://www.linkedin.com/in/fischergordon
Google+:
https://plus.google.com/117606850043111451177/posts/p/pub
####
On the day of the Preakness: What about a gift horse?
Taxes & FinanceTAX CONSEQUENCES OF THE GIFT OF YOUR HORSE TO CHARITY
Introduction
Today the Preakness is being run, so what about a gift horse? You could sell your horse and donate the proceeds; then we’re talking about a cash gift. But if you’ve owned the horse more than two years, the horse could be treated as a long-term capital asset. [Generally speaking, you only have to own property for more than one year to claim long term capital gain status, but horses must be owned for more than two years.]
Basic requirement
To receive a deduction, make certain the organization you choose to receive your horse is certified by the IRS as a charitable organization. You can check out the organization with a search on the IRS website here.
The concept of “related use”
Has the value of your horse increased or decreased since you purchased the horse? If the value has decreased, then the use of the horse by the nonprofit to which you donated the horse does not matter, most probably. If the value of your horse has increased, however, the doctrine of “related use” kicks in.
If appreciated property is considered related to the nonprofit’s exempt purpose, the deduction is based on fair market value and available to the extent of 30% of the donor’s adjusted gross income. If property is considered unrelated to the public charity’s exempt purpose, the deduction is based on the lesser of fair market value and cost basis, and is available to the extent of 50% of donor’s adjusted gross income.
So, for example, if you donate your horse to a youth homeless shelter, so the youth can care for the horses, my best guess would be that you can’t deduct the FMV, as the shelter’s charitable purpose does not really relate to or with horses. Donating the horse to a therapeutic horse riding center, however, should allow FMV deduction since horses are obviously used to fulfill the nonprofit’s major charitable purpose.
Valuation requirements
Donation of a horse, like any donation, requires substantiation if you want to claim a federal income charitable deduction. Here’s a simple explanation of IRS record keeping rules for the charitable deduction:
Gifts of less than $250 per donee — you need a cancelled check or receipt
$250 or more per donee — you need a timely written acknowledgement from the donee
Total deductions for all property exceeds $500 — you need to file IRS Form 8283
Deductions exceeding $5,000 per item — you need a qualified appraisal completed by a qualified appraiser
I provide details on substantiation requirements in a blog post here.
Conclusion
A gift of a horse of course could provide helpful tax benefits. But proceed with due care, as there are some tricky rules.
Gordon Fischer Law Firm, P.C. is dedicated to promoting and maximizing charitable giving in Iowa. Gordon can be reached by phone at 515-371-6077; by email at gordon@gordonfischerlawfirm.com; and through his website at www.gordonfischerlawfirm.com.
Please consider Gordon’s request for you to sign up for his free e-newsletter and encourage others to do the same. A quick and easy sign-up is here. Also, please forward the subscription page to any person or group you think might be interested.
Also, be social with Gordon. Please “like” Gordon Fischer Law Firm’s Facebook page, follow Gordon on Twitter, and connect with Gordon on LinkedIn and Google+. Links:
Facebook:
https://www.facebook.com/gordonfischerlawfirm
Twitter:
https://twitter.com/FischerGordon
LinkedIn:
https://www.linkedin.com/in/fischergordon
Google+:
https://plus.google.com/117606850043111451177/posts/p/pub
####