Small Business: Tax Breaks for Charitable Giving

Tax breaks for charitable giving aren’t limited to individuals, your small business can benefit as well. If you own a small to medium sized business and are committed to giving back to the community through charitable giving, here’s what you should know.

1. Verify That the Organization is a Qualified Charity.

Once you’ve identified a charity, you’ll need to make sure it is a qualified charitable organization under the tax law. Qualified organizations must meet specific legal requirements and are often referred to as 501(c)(3) organizations. Note that not all tax-exempt organizations have 501(c)(3) status.

There are two ways to verify whether a charity is qualified: use the IRS online search tool or ask the charity to send you a copy of their IRS determination letter confirming their exempt status.

2. Make Sure the Deduction is Eligible.

Not all deductions are created equal. In order to take the deduction on a tax return, you need to make sure it qualifies. Charitable giving includes the following: cash donations, sponsorship of local charity events, in-kind contributions of property such as inventory or equipment.

Lobbying. A 501(c)(3) organization may engage in some lobbying, but too much lobbying activity risks the loss of its tax-exempt status. As such, you cannot claim a charitable deduction (or business expense) for amounts paid to an organization if both of the following apply.

• The organization conducts lobbying activities on matters of direct financial interest to your business.
• A principal purpose of your contribution is to avoid the rules that prohibit a business deduction for lobbying expenses.

3. Understand the Limitations.

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). Corporations (other than S corporations) can deduct charitable contributions on their income tax returns, subject to limitations.

Note: 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. Likewise, if the payments are charitable contributions or gifts, you cannot deduct them as business expenses.

• Sole Proprietorships
  As a sole proprietor (or single-member LLC), you file your business taxes using Schedule C or Schedule F of individual tax form 1040. Your business does not make charitable contributions separately. Charitable contributions are deducted using Schedule A, and you must itemize in order to take the deductions. Also, your charitable contributions deduction is subject to a limitation based on your adjusted gross income.
• Partnerships
  Partnerships do not pay income taxes. Rather, the income and expenses (including deductions for charitable contributions) are passed on to the partners on each partner’s individual Schedule K-1. If the partnership makes a charitable contribution, then each partner takes a percentage share of the deduction on his or her personal tax return. For example, if the partnership has four equal partners and donates a total of $2,000 to a qualified charitable organization in 2017, each partner may be able to claim a $500 charitable deduction on his or her 2017 tax return.

Note: A donation of cash or property reduces the value of the partnership. For example, if a partnership donates office equipment to a qualified charity, the office equipment is no longer owned by the partnership, and the total value of the partnership is reduced. Therefore, each partner’s share of the total value of the partnership is reduced accordingly.

• S Corporations
  S corporations are similar to partnerships, with each shareholder receiving a Schedule K-1 showing the amount of charitable contribution.
• C Corporations
  Unlike sole proprietors, partnerships and S corporations, C corporations are separate entities from their owners. As such, a corporation can make charitable contributions and take deductions for those contributions subject to limitations.

4. Categorize Donations.

Each category of donation has its own criteria with regard to whether it’s deductible and to what extent. For example, mileage and travel expenses related to services performed for the charitable organization are deductible but time spent on volunteering your services is not. Here’s another example: As a board member, your duties may include hosting fundraising events. While the time you spend as a board member is not deductible, expenses related to hosting the fundraiser such as stationery for invitations and telephone costs related to the event are deductible.

Generally, you can deduct up to 50 percent of adjusted gross income. Non-cash donations of more than $500 require attaching Form 8283 to your tax return. In addition, contributions are generally only deductible in the tax year in which they’re made.

5. Keep Good Records.

The types of records you must keep vary according to the type of donation (cash, non-cash, out-of-pocket expenses when donating your services), and the importance of keeping good records cannot be overstated.

Ask for–and make sure you receive–a letter from any organizations stating that said organization received a contribution from your business. You should also keep canceled checks, bank and credit card statements, and payroll deduction records as proof or your donation. Further, the IRS requires proof of payment and an acknowledgment letter for donations of $250 or more.

Here are six things to keep in mind about charitable donations and written acknowledgments:

1. Taxpayers who make single donations of $250 or more to a charity must have one of the following:
2. A separate acknowledgment from the organization for each donation of $250 or more.
3. One acknowledgment from the organization listing the amount and date of each contribution of $250 or more.
4. The $250 threshold doesn’t mean a taxpayer adds up separate contributions of less than $250 throughout the year. For example, if someone gave a $25 offering to his or her church each week, they don’t need an acknowledgment from the church, even though their contributions for the year are more than $250.
5. Contributions made by payroll deduction are treated as separate contributions for each pay period.
6. If a taxpayer makes a payment that is partly for goods and services, their deductible contribution is the amount of the payment that is more than the value of those goods and services.
7. A taxpayer must get the acknowledgment on or before the earlier of these two dates:
   1. The date they file their return for the year in which they make the contribution.
   2. The due date, including extensions, for filing the return.
8. If the acknowledgment doesn’t show the date of the contribution, the taxpayers must also have a bank record or receipt that does show the date.

If you’re a small business owner, don’t hesitate to call us, if you have any questions about charitable donations.