Bruce R. Hopkins - The Tax Law of Charitable Giving

1 Cover

2 Title Page the tax law of charitable giving Sixth Edition Bruce R. Hopkins

3 Copyright

4 Dedication

5 Preface

6 Book Citations

7 PART ONE: Introduction to the Tax Law of Charitable Giving CHAPTER ONE: Charitable Giving Law: Basic Concepts § 1.1 INTRODUCTION TO CHARITABLE CONTRIBUTION DEDUCTION § 1.2 DEFINING TAX-EXEMPT ORGANIZATIONS § 1.3 CHARITABLE ORGANIZATIONS LAW PHILOSOPHY § 1.4 STATISTICAL PROFILE OF CHARITABLE SECTOR § 1.5 HISTORY OF CHARITABLE CONTRIBUTION DEDUCTION § 1.6 CHARITABLE CONTRIBUTION DEDUCTION REFORM PROPOSALS NOTES CHAPTER TWO: Fundamental Concepts § 2.1 DEFINITION OF GIFT § 2.2 DEFINITION OF DONOR § 2.3 DEFINITION OF CHARITABLE ORGANIZATION § 2.4 PUBLIC CHARITIES AND PRIVATE FOUNDATIONS § 2.5 UNRELATED BUSINESS LAW § 2.6 FACTORS AFFECTING INCOME TAX DEDUCTIBILITY OF CHARITABLE GIFTS § 2.7 CHARITABLE ORGANIZATIONS LISTING RELIANCE RULES § 2.8 GRANTOR TRUST LAW NOTES CHAPTER THREE: Contributions of Money and Property § 3.1 CONTRIBUTIONS OF MONEY § 3.2 CONTRIBUTIONS OF PROPERTY IN GENERAL § 3.3 CONTRIBUTIONS OF LONG-TERM CAPITAL GAIN PROPERTY IN GENERAL § 3.4 CONTRIBUTIONS OF ORDINARY INCOME PROPERTY § 3.5 CERTAIN CONTRIBUTIONS OF CAPITAL GAIN PROPERTY § 3.6 CONTRIBUTIONS OF PROPERTY FOR UNRELATED USE § 3.7 STEP TRANSACTION DOCTRINE § 3.8 CHARITABLE PLEDGES NOTES

8 PART TWO: Charitable Giving in General CHAPTER FOUR: Timing of Charitable Deductions § 4.1 OVERVIEW OF LAW § 4.2 CONTRIBUTIONS OF MONEY IN GENERAL § 4.3 CONTRIBUTIONS OF MONEY BY CHECK § 4.4 CONTRIBUTIONS OF MONEY BY CREDIT CARD § 4.5 CONTRIBUTIONS OF MONEY BY TELEPHONE § 4.6 CONTRIBUTIONS OF SECURITIES § 4.7 CONTRIBUTIONS OF COPYRIGHT INTEREST § 4.8 CONTRIBUTIONS BY MEANS OF NOTES § 4.9 CONTRIBUTIONS BY LETTERS OF CREDIT § 4.10 CONTRIBUTIONS OF PROPERTY SUBJECT TO OPTION § 4.11 CONTRIBUTIONS OF STOCK OPTIONS § 4.12 CONTRIBUTIONS OF CREDIT CARD REBATES § 4.13 CONTRIBUTIONS OF TANGIBLE PERSONAL PROPERTY § 4.14 CONTRIBUTIONS OF REAL PROPERTY § 4.15 CONTRIBUTIONS OF EASEMENTS § 4.16 CONTRIBUTIONS BY C CORPORATIONS § 4.17 CONTRIBUTIONS BY S CORPORATIONS § 4.18 CONTRIBUTIONS BY PARTNERSHIPS § 4.19 CONTRIBUTIONS BY MEANS OF THE INTERNET NOTES CHAPTER FIVE: Limitations on Annual Deductibility § 5.1 OVERVIEW OF LAW § 5.2 INDIVIDUALS' CONTRIBUTION BASE § 5.3 CORPORATIONS' TAXABLE INCOME § 5.4 PERCENTAGE LIMITATIONS: AN OVERVIEW § 5.5 SIXTY PERCENT LIMITATION § 5.6 FIFTY PERCENT LIMITATION § 5.7 THIRTY PERCENT LIMITATION FOR GIFTS OF CERTAIN PROPERTY § 5.8 ELECTABLE 50 PERCENT LIMITATION § 5.9 GENERAL 30 PERCENT LIMITATION § 5.10 INTERPLAY OF 50 PERCENT/SPECIAL 30 PERCENT LIMITATIONS § 5.11 INTERPLAY OF 50 PERCENT/GENERAL 30 PERCENT LIMITATIONS § 5.12 INTERPLAY OF SPECIAL 30 PERCENT/GENERAL 30 PERCENT LIMITATIONS § 5.13 TWENTY PERCENT LIMITATION § 5.14 QUALIFIED CONSERVATION CONTRIBUTION LAW § 5.15 CONSERVATION GIFTS BY FARMERS AND RANCHERS § 5.16 GIFTS FOR THE USE OF CHARITY § 5.17 BLENDING PERCENTAGE LIMITATIONS § 5.18 RULES FOR SPOUSES § 5.19 INFORMATION REQUIREMENTS § 5.20 PERCENTAGE LIMITATION FOR CORPORATIONS NOTES CHAPTER SIX: Estate and Gift Law § 6.1 OVERVIEW OF LAW § 6.2 FEDERAL GIFT TAX § 6.3 FEDERAL ESTATE TAX § 6.4 UNIFICATION OF TAXES § 6.5 REMAINDER INTERESTS § 6.6 ASCERTAINABILITY OF VALUE OF CHARITABLE INTEREST NOTES CHAPTER SEVEN: Unique Charitable Contribution Laws § 7.1 WORKS OF ART § 7.2 GEMS § 7.3 INVENTORY § 7.4 SCIENTIFIC RESEARCH PROPERTY § 7.5 LICENSE TO USE PATENT § 7.6 EASEMENTS AND OTHER CONSERVATION PROPERTY § 7.7 S CORPORATION STOCK § 7.8 SECTION 306 STOCK § 7.9 RETIREMENT PLAN ACCOUNTS § 7.10 COMMODITY FUTURES CONTRACTS § 7.11 DONORS' CREATIONS § 7.12 CHARITY AUCTIONS § 7.13 SERVICES § 7.14 UNREIMBURSED EXPENSES § 7.15 LIMITATION ON DEDUCTION FOR EXPENSES DUE TO PLEASURE § 7.16 AUTOMOBILE EXPENSES § 7.17 USE OF PROPERTY § 7.18 BARGAIN SALES § 7.19 PROPERTY SUBJECT TO DEBT § 7.20 FUTURE INTERESTS IN TANGIBLE PERSONAL PROPERTY § 7.21 CONTRIBUTIONS BY TRUSTS § 7.22 TAXIDERMY § 7.23 CLOTHING AND HOUSEHOLD ITEMS § 7.24 VEHICLES § 7.25 INTELLECTUAL PROPERTY § 7.26 FOREIGN TAX CREDIT § 7.27 SUBSISTENCE WHALING EXPENSES § 7.28 VIRTUAL CURRENCY TRANSACTIONS NOTES CHAPTER EIGHT: Additional Aspects of Deductible Giving § 8.1 CONTRIBUTIONS BY MEANS OF AN AGENT § 8.2 CONTRIBUTIONS FOR THE USE OF CHARITY § 8.3 CONDITIONAL CONTRIBUTIONS § 8.4 EARMARKING OF CONTRIBUTIONS FOR INDIVIDUALS § 8.5 INTERRELATIONSHIP WITH BUSINESS EXPENSE DEDUCTION § 8.6 DENIAL OF DEDUCTION FOR LOBBYING ACTIVITIES § 8.7 DEDUCTIBLE CONTRIBUTIONS TO NONCHARITABLE ORGANIZATIONS § 8.8 REALLOCATION OF DEDUCTIONS § 8.9 FUNDING OF TERRORISM § 8.10 STATUTE OF LIMITATIONS § 8.11 CONCEPT OF TRUST INCOME § 8.12 UNRELATED BUSINESS INCOME CHARITABLE DEDUCTION § 8.13 CHARITABLE FAMILY LIMITED PARTNERSHIPS § 8.14 ABUSIVE TAX TRANSACTIONS § 8.15 PUBLIC POLICY CONSIDERATIONS NOTES

9 PART THREE: Planned Giving CHAPTER NINE: Planned Giving and Valuation § 9.1 PLANNED GIVING FUNDAMENTALS § 9.2 PARTIAL INTERESTS LAW § 9.3 OVERVIEW OF VALUATION LAW § 9.4 STANDARD ACTUARIAL FACTORS § 9.5 GENERAL ACTUARIAL VALUATIONS § 9.6 NONSTANDARD ACTUARIAL FACTORS § 9.7 SECURITIES LAWS NOTES CHAPTER TEN: Charitable Remainder Trusts § 10.1 DEFINITIONS § 10.2 CHARITABLE REMAINDER ANNUITY TRUST LAW § 10.3 CHARITABLE REMAINDER UNITRUST LAW § 10.4 ISSUES § 10.5 TAX TREATMENT OF DISTRIBUTIONS § 10.6 DIVISION OF CHARITABLE REMAINDER TRUSTS § 10.7 BASIS IN DISPOSITION OF TERM INTEREST § 10.8 TAXATION OF CHARITABLE REMAINDER TRUSTS § 10.9 MANDATORY PROVISIONS § 10.10 PRIVATE FOUNDATION LAW § 10.11 UNIVERSITY ENDOWMENT INVESTMENT SHARING § 10.12 CHARITABLE REMAINDER TRUSTS AS PARTNERS OR SHAREHOLDERS IN REITs § 10.13 WEALTH REPLACEMENT TRUSTS § 10.14 CALCULATION OF CHARITABLE CONTRIBUTION DEDUCTION § 10.15 MERGER OF CHARITABLE REMAINDER TRUSTS § 10.16 EARLY TERMINATIONS OF CHARITABLE REMAINDER TRUSTS § 10.17 REGULAR TERMINATION OF CHARITABLE REMAINDER TRUSTS NOTES CHAPTER ELEVEN: Pooled Income Funds § 11.1 DEFINITIONS § 11.2 QUALIFYING POOLED INCOME FUNDS § 11.3 ALLOCATION OF INCOME § 11.4 RECOGNITION OF GAIN OR LOSS ON TRANSFERS § 11.5 MANDATORY PROVISIONS § 11.6 PRIVATE FOUNDATION LAW § 11.7 PASS-THROUGH OF DEPRECIATION § 11.8 TAX STATUS OF FUNDS AND BENEFICIARIES § 11.9 MULTIORGANIZATION POOLED INCOME FUNDS § 11.10 COMPARISON WITH CHARITABLE REMAINDER TRUSTS § 11.11 CHARITABLE CONTRIBUTION DEDUCTION NOTES CHAPTER TWELVE: Charitable Gift Annuities § 12.1 CONTRACT AS VEHICLE FORM § 12.2 TAX TREATMENT TO DONOR § 12.3 DEFERRED PAYMENT GIFT ANNUITIES § 12.4 ESTATE AND GIFT TAX CONSEQUENCES § 12.5 UNRELATED BUSINESS INCOME IMPLICATIONS § 12.6 UNRELATED DEBT-FINANCED INCOME IMPLICATIONS § 12.7 CONTRAST WITH OTHER PLANNED GIFT METHODS § 12.8 ANTITRUST LAWS § 12.9 SECURITIES LAWS § 12.10 CHARITABLE CONTRIBUTION DEDUCTION NOTES CHAPTER THIRTEEN: Other Types of Deductible Remainder Interests § 13.1 OVERVIEW OF LAW § 13.2 QUALIFYING PARTIAL INTERESTS § 13.3 REMAINDER INTERESTS IN PERSONAL RESIDENCES OR FARMS § 13.4 UNDIVIDED PORTIONS OF ENTIRE INTERESTS IN PROPERTY NOTES CHAPTER FOURTEEN: Charitable Lead Trusts § 14.1 OVERVIEW OF LAW § 14.2 INCOME INTERESTS § 14.3 TAX TREATMENT OF CHARITABLE LEAD TRUSTS § 14.4 TESTAMENTARY USE OF CHARITABLE LEAD TRUSTS § 14.5 PERCENTAGE LIMITATION LAW § 14.6 PRIVATE FOUNDATION LAW § 14.7 ANTI-ABUSE RULE CONCERNING INCOME INTERESTS § 14.8 CHARITABLE INCOME TRUSTS § 14.9 COMPARISON WITH CHARITABLE REMAINDER TRUSTS § 14.10 VALUING CHARITABLE CONTRIBUTION DEDUCTION § 14.11 CHARITABLE CONTRIBUTION DEDUCTION NOTES CHAPTER FIFTEEN: Contributions of and Using Life Insurance § 15.1 INTRODUCTION § 15.2 LIFE INSURANCE CONCEPTS § 15.3 CHARITABLE GIVING AND INSURANCE § 15.4 INSURABLE INTEREST § 15.5 UNRELATED DEBT-FINANCED INCOME LAW § 15.6 CHARITABLE SPLIT-DOLLAR INSURANCE PLANS § 15.7 INSURANCE CONTRACT REPORTING REQUIREMENTS NOTES