Skip to main content

Out-of-Pocket Contributions

Question:

What constitutes charities given in kind (not money)? When individuals make meals for those ill in their churches or meals for the hospital are they deductible as charitable contributions?

Answer:

Tax law prohibits deductions for contributions (direct and out-of-pocket) to individuals; a qualified charitable organization must be the recipient. However, Internal Revenue Service Bulletin (IRB) No. 1997-5 allows deductions for "volunteers who incurred unreimbursed out-of-pocket expenses while performing services for a charity to substantiate their contributions" particularly those "incurred incident to the rendition of services to a donee organization" (page 9).

I interpret IRB 1997-5 as follows. Taking a meal to a fellow church member at home or to an individual in a hospital is not deductible--a wonderful philanthropic activity, but not deductible. Also, churches organizing dinners for common sharing often ask members to "bring a plate to pass" -- not deductible. However, if a church or other 501 (c)(3) charity sponsors a meal(s) for needy individuals and a donor responds by providing food, thus incurring unreimbursed out-of-pocket costs, then a deduction is permitted.

According to IRB 1997-5 "to carry out the purposes of the statute, volunteers claiming a charitable contribution deduction for an unreimbursed expense of $250 or more are still required to obtain substantiation confirming the type of services they performed for the charity" (page 9). In others, if you give more than $250, request a letter from the organization acknowledging your participation.

See also 2008 Publication 26 entitled Charitable Contributions (pages 5 and 13). The Publication offers one example: "You can deduct reasonable unreimbursed out-of-pocket expenses you pay to allow underprivileged youth to attend athletic events, movies, or dinners. The youths must be selected by a charitable organization whose goal is to reduce junenile delinquency. Your own similar expenses in accompanying the youths are not deductible" (page 5). Presumably, the same rules apply to church donations to send needy youths to Bible camp.

Comments

Popular posts from this blog

Church Car Purchase for Pastor

Question: A church would like to purchase a car for the pastor's use. What is the best method to accomplish this goal? Should the car be titled in the pastor's name? What will be the tax consequences of this arrangement? Answer: The church has two main alternatives for this purchase:  Title the car in the pastor's name and reimburse him for business expenses Title it in the church's name and treat personal use as taxable compensation There are fewer immediate tax consequences for the latter. Since both are viable options, we will discuss both situations in this post. If the church chooses to give the car to the pastor and register it in his name, he is free to use it for whatever personal use he desires with no tax consequences. However, the fair value of the car is taxable as compensation at the time it is given to the pastor. Internal Revenue Code section 102(c) clearly states that gifts given to employees by their employers are taxable compensation. The...

Can Form 4361 be filed after the deadline?

Question:   Is it possible to opt out of Social Security after the 2-year deadline? Answer:  Unlike other employees, a licensed or ordained minister has the option to opt out of Social Security and Medicare (FICA). If a minister wants to opt out they must file Form 4361 by the tax deadline including extension, in the second year in which they have received ministerial income of $400 or more. This election is final, and the minister cannot opt back into FICA taxes.  At MinistryCPA, we have received questions from ministers who have exceeded the two year deadline and desire to opt-out. There have been several court cases which provide guidance in answering this question. Some have argued that the minister was unaware of the deadline, had mistakenly believed they had filed a timely election, were given incorrect advice by an IRS employee, or their opposition to participate in Social Security and Medicare did not arise until after the 2-year deadline had passed. In each of th...

Form 941 or 944 - Which Should a Church Use for Payroll Reporting?

Question:   Are churches required to file a Form 944 annually to report their employees' earnings and tax-withholdings? A quarterly Form 941 (rather than an annual Form 944) is required of some employers. Which IRS form, if any, should be filed? Answer: According to IRS Section 1402(c) and 3121(c), ministers are not subject to mandatory income tax withholding. Unless one or more ministerial employees request non-mandatory withholding, church employers with only ministerial employees do not need to file Form 941 or Form 944.  The IRS  Ministers Audit Techniques Guide  explains in further detail a minister's treatments for Social Security, Medicare tax, and income tax withholding.   Form 941 or 944 must be filed when non-ministerial employees are compensated or when ministers request withholding. When can a church file the annual Form 944 rather than filing Form 941 each quarter? The IRS may permit the annual filing of Form 944 for employers wh...