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The Tax Law of Charitable Giving, 5th Edition

Book Description

A completely updated guide to the laws and regulations governing charitable giving

This fully updated Fifth Edition of The Tax Law of Charitable Giving is the definitive resource for nonprofit lawyers, accountants, and fundraising professionals charged with navigating the increasingly complex maze of charitable giving regulations. This new edition includes:

  • Detailed documentation and citations, including references to regulations, rulings, cases, and tax literature

  • An exhaustive index allowing for quick and easy reference

  • Annual supplements to keep readers apprised of the latest developments affecting tax-exempt healthcare organizations

  • Table of Contents

    1. Cover
    2. Don't Miss Out on Must-Have and Timely New Information!
    3. Title Page
    4. Copyright
    5. Dedication
    6. Preface
    7. Book Citations
    8. Part One: Introduction to the Tax Law of Charitable Giving
      1. Chapter One: Charitable Giving Law: Basic Concepts
        1. § 1.1 Introduction to the Charitable Contribution Deduction
        2. § 1.2 Defining Tax-Exempt Organizations
        3. § 1.3 Principles of Charitable Organizations Law Philosophy
        4. § 1.4 Statistical Profile of Charitable Sector
        5. § 1.5 Categories of Tax-Exempt Organizations
      2. Chapter Two: The United States Tax System: An Overview
        1. § 2.1 Concept of Income
        2. § 2.2 Gross Income
        3. § 2.3 Exclusions from Income
        4. § 2.4 Concept of Adjusted Gross Income
        5. § 2.5 Deductions
        6. § 2.6 Standard Deduction
        7. § 2.7 Concept of Taxable Income
        8. § 2.8 Taxable and Nontaxable Entities
        9. § 2.9 Annual Accounting Period
        10. § 2.10 Accounting Methods
        11. § 2.11 Timing
        12. § 2.12 Property
        13. § 2.13 Inventory
        14. § 2.14 Gain
        15. § 2.15 Taxation of Income
        16. § 2.16 Capital Assets, Gains, and Losses
        17. § 2.17 Carryovers and Carrybacks
        18. § 2.18 Alternative Minimum Tax
        19. § 2.19 Depreciation
        20. § 2.20 Capital Gains and Losses Rates
        21. § 2.21 Taxation of Corporate Distributions
        22. § 2.22 Accumulated Earnings and Personal Holding Company Taxes
        23. § 2.23 Tax Credits
        24. § 2.24 Foreign Tax Credits
        25. § 2.25 Federal Tax Law Definition of Marriage
    9. Part Two: Basics of Charitable Giving Law
      1. Chapter Three: Fundamental Concepts
        1. § 3.1 Meaning of Gift
        2. § 3.2 Meaning of Donor
        3. § 3.3 Meaning of Charitable Organization
        4. § 3.4 Public Charities and Private Foundations
        5. § 3.5 Unrelated Business Rules
        6. § 3.6 Factors Affecting Income Tax Deductibility of Charitable Gifts
        7. § 3.7 Charitable Organizations Listing Reliance Rules
        8. § 3.8 Grantor Trust Rules
      2. Chapter Four: Gifts of Money and Property
        1. § 4.1 Gifts of Money
        2. § 4.2 Gifts of Property in General
        3. § 4.3 Gifts of Long-Term Capital Gain Property in General
        4. § 4.4 Gifts of Ordinary Income Property
        5. § 4.5 Certain Gifts of Capital Gain Property
        6. § 4.6 Gifts of Property for Unrelated USE
        7. § 4.7 Variations in Applying Property Rules
        8. § 4.8 Step Transaction Doctrine
        9. § 4.9 Charitable Pledges
      3. Chapter Five: Fundamentals of Planned Giving
        1. § 5.1 Introduction
        2. § 5.2 Appreciated Property Gifts
        3. § 5.3 Planned Gifts: Core Concepts
        4. § 5.4 Charitable Remainder Trusts
        5. § 5.5 Pooled Income Funds
        6. § 5.6 Charitable Gift Annuities
        7. § 5.7 Charitable Lead Trusts
        8. § 5.8 Planned Giving: Other Forms
        9. § 5.9 Planned Giving and Securities Laws
    10. Part Three: Charitable Giving in General
      1. Chapter Six: Timing of Charitable Deductions
        1. § 6.1 Gifts of Money in General
        2. § 6.2 Gifts of Money by Check
        3. § 6.3 Gifts of Money by Credit Card
        4. § 6.4 Gifts of Money by Telephone
        5. § 6.5 Gifts of Securities
        6. § 6.6 Gifts of Copyright Interest
        7. § 6.7 Gifts by Means of Notes
        8. § 6.8 Gifts by Letters of Credit
        9. § 6.9 Gifts of Property Subject to Option
        10. § 6.10 Gifts of Stock Options
        11. § 6.11 Gifts of Credit Card Rebates
        12. § 6.12 Gifts of Tangible Personal Property
        13. § 6.13 Gifts of Real Property
        14. § 6.14 Gifts by C Corporations
        15. § 6.15 Gifts by S Corporations
        16. § 6.16 Gifts by Partnerships
        17. § 6.17 Gifts by Means of Internet
      2. Chapter Seven: Percentage Limitations
        1. § 7.1 Introduction
        2. § 7.2 Individual's Contribution Base
        3. § 7.3 Corporation's Taxable Income
        4. § 7.4 Percentage Limitations: An Overview
        5. § 7.5 Fifty Percent Limitation
        6. § 7.6 Thirty Percent Limitation for Gifts of Certain Property
        7. § 7.7 Electable 50 Percent Limitation
        8. § 7.8 General 30 Percent Limitation
        9. § 7.9 Interplay of 50 Percent/Special 30 Percent Limitations
        10. § 7.10 Interplay of 50 Percent/General 30 Percent Limitations
        11. § 7.11 Interplay of Special 30 Percent/General 30 Percent Limitations
        12. § 7.12 Twenty Percent Limitation
        13. § 7.13 Gifts for the Use of Charity
        14. § 7.14 Blending Percentage Limitations
        15. § 7.15 Individuals' Net Operating Loss Carryovers and Carrybacks
        16. § 7.16 Rules for Spouses
        17. § 7.17 Information Requirements
        18. § 7.18 Percentage Limitation for Corporations
        19. § 7.19 Corporations' Net Operating Loss Carryovers and Carrybacks
      3. Chapter Eight: Estate and Gift Tax Considerations
        1. § 8.1 Introduction
        2. § 8.2 Federal Gift Tax
        3. § 8.3 Federal Estate Tax
        4. § 8.4 Unification of Taxes
        5. § 8.5 Generation-Skipping Transfer Tax
        6. § 8.6 Remainder Interests
        7. § 8.7 Ascertainability
      4. Chapter Nine: Special Gift Situations
        1. § 9.1 Works of Art
        2. § 9.2 Gems
        3. § 9.3 Inventory
        4. § 9.4 Scientific Research Property
        5. § 9.5 Computer Technology or Equipment
        6. § 9.6 License to Use Patent
        7. § 9.7 Conservation Property
        8. § 9.8 S Corporation Stock311
        9. § 9.9 Section 306 Stock
        10. § 9.10 Retirement Plan Accounts376
        11. § 9.11 Commodity Futures Contracts
        12. § 9.12 Donors' Creations
        13. § 9.13 Charity Auctions
        14. § 9.14 Services
        15. § 9.15 Unreimbursed Expenses
        16. § 9.16 Limitation on Deduction for Expenses Due to Pleasure
        17. § 9.17 Automobile Expenses
        18. § 9.18 Use of Property
        19. § 9.19 Bargain Sales
        20. § 9.20 Property Subject to Debt
        21. § 9.21 Future Interests in Tangible Personal Property
        22. § 9.22 Contributions by Trusts
        23. § 9.23 Partial Interests
        24. § 9.24 Taxidermy
        25. § 9.25 Clothing and Household Items
        26. § 9.26 Charitable Family Limited Partnerships
        27. § 9.27 Motor and Other Vehicles
        28. § 9.28 Intellectual Property
        29. § 9.29 Foreign Tax Credit
        30. § 9.30 Subsistence Whaling Expenses
        31. § 9.31 Public Policy Considerations
      5. Chapter Ten: Other Aspects of Deductible Giving
        1. § 10.1 Valuation of Property
        2. § 10.2 Contributions by Means of an Agent
        3. § 10.3 Gifts for the Use of Charity
        4. § 10.4 Conditional Gifts
        5. § 10.5 Earmarking of Gifts for Individuals
        6. § 10.6 Alternative Minimum Tax Considerations
        7. § 10.7 Interrelationship with Business Expense Deduction
        8. § 10.8 Denial of Deduction for Lobbying Activities
        9. § 10.9 Deductible Gifts to Noncharitable Organizations
        10. § 10.10 Reallocation of Deductions
        11. § 10.11 Charitable Giving and Funding of Terrorism
        12. § 10.12 Statute of Limitations
        13. § 10.13 Concept of Trust Income
        14. § 10.14 Penalties
        15. § 10.15 Transactions of Interest
    11. Part Four: Planned Giving
      1. Chapter Eleven: Valuation of Partial Interests
        1. § 11.1 Overview of Statutory Law
        2. § 11.2 Standard Actuarial Factors
        3. § 11.3 General Actuarial Valuations
        4. § 11.4 Nonstandard Actuarial Factors
      2. Chapter Twelve: Charitable Remainder Trusts
        1. § 12.1 Definitions
        2. § 12.2 Charitable Remainder Annuity Trust Rules
        3. § 12.3 Charitable Remainder Unitrust Rules
        4. § 12.4 Issues
        5. § 12.5 Tax Treatment of Distributions
        6. § 12.6 Division of Charitable Remainder Trusts
        7. § 12.7 Early Terminations of Charitable Remainder Trusts
        8. § 12.8 Taxation of Charitable Remainder Trusts
        9. § 12.9 Mandatory Provisions
        10. § 12.10 Private Foundation Rules
        11. § 12.11 Wealth Replacement Trusts
        12. § 12.12 Calculation of Charitable Deduction
      3. Chapter Thirteen: Pooled Income Funds
        1. § 13.1 Definitions
        2. § 13.2 Qualifying Pooled Income Funds
        3. § 13.3 Allocation of Income
        4. § 13.4 Recognition of Gain or Loss on Transfers
        5. § 13.5 Mandatory Provisions
        6. § 13.6 Private Foundation Rules
        7. § 13.7 Pass-Through of Depreciation
        8. § 13.8 Tax Status of Fund and Beneficiaries
        9. § 13.9 Multiorganization Pooled Income Funds
        10. § 13.10 Comparison with Charitable Remainder Trusts
        11. § 13.11 Charitable Contribution Deduction
      4. Chapter Fourteen: Charitable Gift Annuities
        1. § 14.1 Contract as Vehicle Form
        2. § 14.2 Tax Treatment to Donor
        3. § 14.3 Deferred Payment Gift Annuities
        4. § 14.4 Estate and Gift Tax Consequences
        5. § 14.5 Unrelated Business Income Implications
        6. § 14.6 Unrelated Debt-Financed Income Implications
        7. § 14.7 Contrast with Other Planned Gift Methods
        8. § 14.8 Gift Annuities and Antitrust Laws
        9. § 14.9 Gift Annuities and Securities Laws
        10. § 14.10 Charitable Contribution Deduction
      5. Chapter Fifteen: Other Gifts of Remainder Interests
        1. § 15.1 Overview
        2. § 15.2 Contributions of Remainder Interests in Personal Residence or Farm
        3. § 15.3 Undivided Portions of Entire Interests in Property
      6. Chapter Sixteen: Charitable Lead Trusts
        1. § 16.1 General Rules
        2. § 16.2 Income Interest
        3. § 16.3 Income Tax Charitable Deduction
        4. § 16.4 Tax Treatment of Charitable Lead Trusts
        5. § 16.5 Testamentary Use of Charitable Lead Trusts
        6. § 16.6 Percentage Limitation Rules
        7. § 16.7 Private Foundation Rules
        8. § 16.8 Anti-Abuse Rule Concerning Income Interests
        9. § 16.9 Charitable Income Trusts
        10. § 16.10 Comparison with Charitable Remainder Trusts
        11. § 16.11 Valuing Charitable Deduction
      7. Chapter Seventeen: Gifts of and Using Life Insurance
        1. § 17.1 Introduction
        2. § 17.2 Life Insurance Concepts
        3. § 17.3 Charitable Giving and Insurance
        4. § 17.4 Insurable Interest
        5. § 17.5 Unrelated Debt-Financed Income Considerations
        6. § 17.6 Charitable Split-Dollar Insurance Plans
        7. § 17.7 Applicable Insurance Contract Reporting Requirements
    12. Part Five: International Charitable Giving
      1. Chapter Eighteen: International Giving by Individuals During Lifetime
        1. § 18.1 Introduction
        2. § 18.2 Background
        3. § 18.3 Earmarking and Conduit Restrictions
        4. § 18.4 Control Over Foreign Donees
        5. § 18.5 Summary
        6. § 18.6 Income Tax Treaties
      2. Chapter Nineteen: International Giving by Individuals Through Estates
        1. § 19.1 Introduction
        2. § 19.2 Estate Tax Rules
        3. § 19.3 Gift Tax Rules
        4. § 19.4 Charitable Giving by Noncitizen Nonresidents
      3. Chapter Twenty: International Giving by Corporations
        1. § 20.1 Corporate Gifts to U.S. Charity for Overseas Use
        2. § 20.2 Gifts of Money from Foreign Affiliate of U.S. Parent to Overseas Charity
        3. § 20.3 Gift of Goods or Services to Benefit Foreign Charity
        4. § 20.4 Grants of Funds from U.S. Corporation–Related Foundation to Foreign Charity
    13. Part Six: Administration of Charitable Giving Programs
      1. Chapter Twenty - One: Substantiation and Appraisal Requirements
        1. § 21.1 Introduction
        2. § 21.2 Substantiation Requirements for Gifts of Money
        3. § 21.3 Substantiation Requirements for Gifts of $250 or More
        4. § 21.4 Substantiation Requirements for Noncash Gifts
        5. § 21.5 Appraisal Requirements
        6. § 21.6 Appraisals and Penalties
        7. § 21.7 Appraisals of Clothing and Household Items
        8. § 21.8 Burden of Proof Rules
      2. Chapter Twenty - Two: Disclosure Requirements
        1. § 22.1 Disclosure by Charitable Organizations in General
        2. § 22.2 Quid Pro Quo Contribution Rules
        3. § 22.3 Disclosure by Noncharitable Organizations
      3. Chapter Twenty - Three: Special Events, Corporate Sponsorships, and Donor-Advised Funds
        1. § 23.1 IRS Audit Guidelines
        2. § 23.2 Special Events
        3. § 23.3 Corporate Sponsorship Rules
        4. § 23.4 Donor-Advised Funds
      4. Chapter Twenty - Four: Reporting Requirements
        1. § 24.1 Gift Reporting by Individuals
        2. § 24.2 Gift Reporting by C Corporations
        3. § 24.3 Gift Reporting by S Corporations
        4. § 24.4 Gift Reporting by Partnerships
        5. § 24.5 Gift Reporting by Donees in General
        6. § 24.6 Gift Reporting in Unrelated Business Context
        7. § 24.7 Reporting of Noncash Gifts in General
        8. § 24.8 Reporting of Gifts of Vehicles
        9. § 24.9 Reporting of Gifts of Intellectual Property
        10. § 24.10 Reporting on Dispositions of Contributed Property
        11. § 24.11 Personal Benefit Contract Reporting Requirements
        12. § 24.12 Split-Interest Trust Filing Requirements
      5. Chapter Twenty - Five: State Fundraising Regulation
        1. § 25.1 State Regulation in General
        2. § 25.2 Historical Perspective
        3. § 25.3 States' Police Power
        4. § 25.4 Basic Definitions
        5. § 25.5 Registration Requirements
        6. § 25.6 Reporting Requirements
        7. § 25.7 Exemptions from Regulation
        8. § 25.8 Fundraising Cost Limitations
        9. § 25.9 Prohibited Acts
        10. § 25.10 Contractual Requirements
        11. § 25.11 Disclosure Requirements
    14. About the Author
    15. About the Online Resources
    16. Index
    17. End User License Agreement