The Nonprofit Legal Blog

Whether you are an individual planning to donate money to a 501c3 Nonprofit or an existing Nonprofit accepting donations, it is important to understand the restrictions and limitations of contributions; so as to make the most out of one's 501c3 Tax Exempt Status.

Contributions You Cannot Deduct

There are some contributions you cannot deduct. There are others you can deduct only part of.

You cannot deduct as a charitable contribution:

1.      A contribution to a specific individual,

2.      A contribution to a nonqualified organization,

3.      The part of a contribution from which you receive or expect to receive a benefit,

4.      The value of your time or services,

5.      Your personal expenses,

6.      A qualified charitable distribution from an individual retirement arrangement (IRA),

7.      Appraisal fees,

8.      Certain contributions to donor advised funds, or

9.      Certain contributions of partial interests in property.

Detailed discussions of these items follow.

Contributions to Individuals

You cannot deduct contributions to specific individuals, including the following.

• Contributions to fraternal societies made for the purpose of paying medical or burial expenses of deceased members.
• Contributions to individuals who are needy or worthy. This includes contributions to a qualified organization if you indicate that your contribution is for a specific person. But you can deduct a contribution that you give to a qualified organization that in turn helps needy or worthy individuals if you do not indicate that your contribution is for a specific person.

Example. You can deduct contributions for flood relief, hurricane relief, or other disaster relief to a qualified organization. However, you cannot deduct contributions earmarked for relief of a particular individual or family.

• Payments to a member of the clergy that can be spent as he or she wishes, such as for personal expenses.
• Expenses you paid for another person who provided services to a qualified organization.

Example. Your son does missionary work. You pay his expenses. You cannot claim a deduction for your son's unreimbursed expenses related to his contribution of services.

• Payments to a hospital that are for a specific patient's care or for services for a specific patient. You cannot deduct these payments even if the hospital is operated by a city, state, or other qualified organization.

http://www.irs.gov/publications/p526/ar02.html#en_US_publink1000229694

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