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(c)(1) State or Local Gov't. If gift is for (a)(i) Individuals: (a)(ii) Corps:
(3) - §213. Medical Expenses
exclusivley public purposes Contribution Base = AGI ; Capped at 10%
May deduct qualified medical expenses so long as
they fill 7.5% AGI tipping basket; and minus limit to 60% [If b/yd cap, of taxable
(c)(2) Corp., Trust, or Foundation.
expenses paid BY insurance. carryover excess for 5 yrs.] income.
IF -> (A) [US Based] created in the US;
(B) [Valid Purpose] operated and
organized exclusively for religious, (b) Reduce By [Minor] Quid Pro Quo.
Qualified Expenses §213(d)(1)
scharitable, scientific, literary, or -> If TP recieves consumptive benefit, must
(A) [Actual Treatment] for diagnosis, cure, educaitonal purpose (or foster amateru reduce charity deduction by the FMV of the
mitigation, treatment, or prevention of diseas, sports competition oterh than buying gear), benefit.
or for the purpose of affecting any structure or OR prevention of cruelty to animals; Exception: If the benefit is the same benefit
function of the body; (C) [no private benefit] -> no benefit may entire public gets, then NO QPQ.
(B) [Essential Transportaiton] Transport go to private shareholder or individual
primarily for AND essential to medical care beyond public benefit; §6115 Prophylactic: If quid pro quo value (NOT
(A); AND (d)[No politics] Group may NOT total gift value) is > $75, charity must provide a
(C) 'qualified long term service'; AND lobby or make political donatinos. written statement that only the PORTION not
(D) health isnurance (but b/c of tipping basket quid pro quo may be deducted.
PLUS itemized, most won't take)
For Example: If donate a (c) [If a busines, does not apply to reg taxpayers] SUBSTANTIAL
DIS-qualified: ASK: Is there an plot of land, in exchange for BENEFIT Doctrine:
Things not element of personal If Sub. Ben -> disqual from charity [Bus. should recharacterize as a
continued use of land (share
ACTUALLY, consumption which the with school, but no other consumption expense.]
PHYSICALLY questionalbe "expense" Defined: When donor recieves (or anticipates recieving) a substantial
users) then the
necessary for simply eases? If so contribuiton is NOT benefit beyond that of the general public for charitable purposes such
healing -- and FAILS.
deductible under 170. that contrib. to gen. pub. is merely incidental.
borderline [having a yard is
consumption. . consumption; having BIG NOTE: When det. 170, look to BOTH (1) TP's subjective intent & (2) objective nature of transction.
(a) Boarding school kids is consumption
for kids NO.; decision --> if you dont
(b) lawn mower for NEED for life, probs
old guy NO; not medical] Contributions of Capital Gain/ Property Stuff. page 57 of the outline.