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Nonprofit not llisted in publication 78

 

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Subject Author Date
Nonprofit not llisted in publication 78 Vikeman 06-29-2006
Posted by Vikeman on June 29, 2006, 12:35 am
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I am treasurer for a volunteer fire board who is a 501c(4).
While I realize not all contributions to 501c(4)'s are tax
deductible by the donees, it is my understanding that
contributions to volunteer fire departments such as ours ARE
tax deductible based on some research done by our
accountant.

My question is how do we get listed in IRS publication 78?
It appears that only 501c(3) organizations are listed there
currently. Must we change our filing status to 501c(3) to be
listed, or is there another procedure?

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Posted by cballard@tyyni.net on June 30, 2006, 6:27 pm
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Vikeman wrote:

> I am treasurer for a volunteer fire board who is a 501c(4).
> While I realize not all contributions to 501c(4)'s are tax
> deductible by the donees, it is my understanding that
> contributions to volunteer fire departments such as ours ARE
> tax deductible based on some research done by our
> accountant.
>
> My question is how do we get listed in IRS publication 78?
> It appears that only 501c(3) organizations are listed there
> currently. Must we change our filing status to 501c(3) to be
> listed, or is there another procedure?

Only public charities that are exempt from tax under
501(c)(3) are eligible to be listed in Pub 78.

I'm curious about the authority your accountant found that
would allow a charitable deduction for a donation to a
501(c)(4) organization. Under Code section 170(c),
charitable deductions are normally only allowed for the
following:

1. Gifts to units of government for public purposes
2. Gifts to 501(c)(3) organizations
3. Gifts to veterans' posts
4. Gifts to fraternal lodges for charitable purpose
5. Gifts to nonprofit cemetery companies

The volunteer fire board wouldn't seem to fit into any of
these. Under Code section 6113(a), a solicitation for
contributions from a 501(c)(4) organization generally must
contain an express statement that contributions or gifts to
the organization are not deductible as charitable
contributions for Federal income tax purposes.

--Chris

<< ======================================================= >>
<< The foregoing is intended for educational purposes only >>
<< and does NOT constitute legal OR professional advice. >>
<< >>
<< The Charter and the Guidelines for submitting >>
<< messages to this newsgroup are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ======================================================= >>

Posted by A.G. Kalman on July 1, 2006, 4:37 pm
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Bill Brown wrote:
> Vikeman wrote:

>> I am treasurer for a volunteer fire board who is a 501c(4).
>> While I realize not all contributions to 501c(4)'s are tax
>> deductible by the donees, it is my understanding that
>> contributions to volunteer fire departments such as ours ARE
>> tax deductible based on some research done by our
>> accountant.
>>
>> My question is how do we get listed in IRS publication 78?
>> It appears that only 501c(3) organizations are listed there
>> currently. Must we change our filing status to 501c(3) to be
>> listed, or is there another procedure?

> Only donations to 501c(3) organizations and governments
> (federal, state, local) are tax deductible as charitable
> contributions. So, yes, you have to change what you are to
> become a qualified organization.

I am not aware of anything in the IRC that requires only
donations to Sec. 501(c)(3) organizations to be deductible.
Charitable contribution deductions are defined in IRC Sec.
170(c) not 501(c).

A contribution to a Sec. 501(c)(4) organization qualifies as
being deductible as long as the organization meets the
definition and use of funds in accordance with Sec. 170(c).

<< ======================================================= >>
<< The foregoing is intended for educational purposes only >>
<< and does NOT constitute legal OR professional advice. >>
<< >>
<< The Charter and the Guidelines for submitting >>
<< messages to this newsgroup are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ======================================================= >>

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