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Can My Business Deduct Charitable Contributions?

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Question: Can My Business Deduct Charitable Contributions?

Answer:

Any business can make contributions to charitable organizations but there may be limits on these deductions, and the contributions may only be deductible to the individual owners, not to the business. How these contributions are deducted depends on the type of organization.

Charitable Organizations must be qualified
Before you claim a deduction for a charitable donation, make sure that the organization is qualified by the IRS. To be qualified, an organization must meet specific requirements and meet IRS criteria. Use this IRS Exempt Organizations Select Check online search tool to see if an organization qualifies.

What is Deductible and What is Not Deductible
You or your business can deduct:

  • Cash contributions
  • Gifts of property or equipment (called "in-kind" contributions)
  • Mileage and other travel expenses incurred in relation to working for a charitable organization, based on the IRS-designated standard mileage rate for charitable work.
But, you cannot deduct your time working for a charitable organization, such as time spent serving on a corporate board.

 

Limitations on Charitable Donations

The IRS says:

Cash payments to an organization, charitable or otherwise, may be deductible as business expenses if the payments are not charitable contributions or gifts and are directly related to your business. If the payments are charitable contributions or gifts, you cannot deduct them as business expenses. However, corporations (other than S corporations) can deduct charitable contributions on their [personal] income tax returns, subject to limitations. See the Instructions for Form 1120 for more information. Sole proprietors, partners in a partnership, or shareholders in an S corporation may be able to deduct charitable contributions made by their business on Schedule A (Form 1040) [on their personal tax return].

(Source: IRS Publication 535: Business Expenses)

See this IRS article on Charitable Contribution Deductions for more information.

Sole Proprietorship Contributions
If you are a sole proprietor, your business taxes are filed on Schedule C of your personal Form 1040. Your business cannot make separate charitable contributions because the only way individuals can deduct these contributions is on Schedule A, and you must itemize deductions to take them. The same would be true for a single-member limited liability company, since the single-member LLC files taxes as a sole proprietor.

Partnership Contributions
A partnership is a special case, because the partnership itself does not pay income taxes; the income and expenses (including deductions for charitable contributions) are passed along to the partners on their individual Schedule K-1 each year. So, if the partnership makes a charitable contribution, each partner takes a percentage share of the deduction on his/her personal tax return. For example, if the partnership has three equal partners and it donates a total of $1500 to charity in 2010, the partners each can claim $500 of charitable deductions.

Because the donation of cash or property reduces the value of the partnership, each donating partner must reduce his or her partnership interest by the value of the donation. For example, if a partnership donates office furniture to a charity, the value of that furniture is no longer owned by the partnership, so it must be taken off the books, which reduces each partner's share of the total value of the partnership.

Deductions for charitable contributions by members of a multiple-member limited liability company work the same as for a partnership.

S Corporation Contributions
An S corporation works like a partnership, with the individual shareholders receiving a Schedule K-1 showing their share of any charitable contributions of the corporation.

Corporation Contributions
Since a corporation is a separate entity from the owners, the corporation can make charitable contributions on its own behalf and take deductions for those contributions.

Special Note on Non-cash Contributions
If you personally have made non-cash contributions over $500 in any year, you must file Form 8283 with your tax return, providing information on the donated property.

Disclaimer: Remember that my purpose is to provide you with general information to get you started learning about a specific tax subject. I am not a tax adviser, CPA or attorney and nothing in this article or on this site should be considered tax advice. If you have questions about the deductibility of charitable contributions, check with your tax adviser.

 

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