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Corporations receiving donations from individuals - tax advice?

 

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Corporations receiving donations from individuals - tax advice? jmhennings@gmail.com 11-02-2009
Posted by jmhennings@gmail.com on November 2, 2009, 10:49 am
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Hi there,

I'm volunteering with a social business and am trying to help them
find out the legal issues surrounding donations from individuals. They
are a for-profit corporation, so I know that any donations they
receive are not tax-deductible for the donors. But I'm having trouble
finding reliable information about how for-profit corporations should
handle donations from individuals in terms of taxes, legal
accountability, etc. Here are my specific questions:

1) How/where do corporations report donations from individuals on
their taxes? (somewhere on form 1120?)

2) Where can I get more information about the legal restrictions
surrounding the acceptance of donations by corporations (with regards
to conflict of interest, etc.)? I've been trying to search within
"Title 26: Internal Revenue" of the Code of Federal Regulations on
this site: http://ecfr.gpoaccess.gov, but I'm having trouble finding
the right section that will answer my questions.

3) How does the amount of the donation affect tax reporting (if at
all)?

4) Are there legal limits about what a corporation can do with
donations from individuals? (e.g., does it have to be for a specific
project or can it just go into a general pot of funds?)

Any help you can offer would be GREATLY appreciated! Also, if you can
point me in the direction of specific tax documents that discuss
donations to corporations (instead of to non-profits), I would be so
thankful.

Thank you!

--
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Posted by Mark Bole on November 3, 2009, 4:08 pm
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jmhennings@gmail.com wrote:
> Hi there,
>
> I'm volunteering with a social business and am trying to help them
> find out the legal issues surrounding donations from individuals. They
> are a for-profit corporation, so I know that any donations they
> receive are not tax-deductible for the donors. But I'm having trouble
> finding reliable information about how for-profit corporations should
> handle donations from individuals in terms of taxes, legal
> accountability, etc. Here are my specific questions:


I don't know the answers to your questions, but have a suggestion: why
don't you just contract with the corporation to provide certain services
for a nominal amount, say $1? This wouldn't trigger any self-employment
tax for you, and the transaction would be recorded in the company's
books for audit purposes.

(It sounds too simple, so I wouldn't be surprised if there's something
wrong with it...)

I assumed you were asking about donating *your* services to the
corporation. As to others who may wish to throw cash at them, again why
not just sell something of nominal value for the cash amount?

What I don't think a for-profit corporation can do is somehow declare
that some of its regular gross income is excluded from taxation. Maybe
instead a trust could be set up to receive cash donations, and the
corporation could be the trustee?

As Dick the moderator likes to say, "I never was a lawyer."

-Mark Bole

--
<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>

Posted by Alan on November 3, 2009, 4:48 pm
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jmhennings@gmail.com wrote:
> Hi there,
>
> I'm volunteering with a social business and am trying to help them
> find out the legal issues surrounding donations from individuals. They
> are a for-profit corporation, so I know that any donations they
> receive are not tax-deductible for the donors. But I'm having trouble
> finding reliable information about how for-profit corporations should
> handle donations from individuals in terms of taxes, legal
> accountability, etc. Here are my specific questions:
>
> 1) How/where do corporations report donations from individuals on
> their taxes? (somewhere on form 1120?)
>
> 2) Where can I get more information about the legal restrictions
> surrounding the acceptance of donations by corporations (with regards
> to conflict of interest, etc.)? I've been trying to search within
> "Title 26: Internal Revenue" of the Code of Federal Regulations on
> this site: http://ecfr.gpoaccess.gov, but I'm having trouble finding
> the right section that will answer my questions.
>
> 3) How does the amount of the donation affect tax reporting (if at
> all)?
>
> 4) Are there legal limits about what a corporation can do with
> donations from individuals? (e.g., does it have to be for a specific
> project or can it just go into a general pot of funds?)
>
> Any help you can offer would be GREATLY appreciated! Also, if you can
> point me in the direction of specific tax documents that discuss
> donations to corporations (instead of to non-profits), I would be so
> thankful.
>
> Thank you!
>
Most intermediate and advanced accounting texts will tell you
that donations of property and cash get reported as Other Income.
Other Income is on Line 10 of the 1120.

--
<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>

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