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Past Questions Main

Question: I have some stock that I'm ready to sell but then I thought about giving some shares to a charity. What would be the advantages?

A BuyandHolder

Answer:

Dear BuyandHolder,

Well, among the advantages -- first of all, you'd be doing a good deed! And second, it could be a smart tax move. Here are the three key considerations to keep in mind.

(1) Finding a legitimate organization

Your first step is to make certain you donate your stock to a legitimate charity. That's not only because you don't want to be caught up in a scam, but also because in order for your contribution to be tax deductible, it must be given to an IRS-approved charity. Specifically, that means to a 501c (3) organization.

So the first step is to check the charity's status with the Internal Revenue Service. IRS Publication #78, available at: www.irs.gov, lists all approved organizations. However, it's unwieldy and using it is time consuming...so I recommend starting with Guidestar (www.guidestar.org) which has a data base consisting of thousands of IRS-recognized nonprofits or with the American Institute of Philanthropy (www.charitywatch.org), a very active watchdog group that rates charities and posts timely alerts.

(2) Donating your shares

Once you've found a legit charity, don't just donate any old stock. You want to donate only stocks (or mutual funds) that have gone up in value and that you've owned for over one year. Here's why...

With securities held over a year, you can deduct their market value rather than the amount you paid for them. And, neither you nor the charity will have to pay capital gains taxes. That's a nice tax break for both you and the nonprofit.

CAUTION: If you donate securities you've owned less than a year, your deduction will be limited to the dollar amount that you paid for them not their appreciated value.

What if your securities have gone down in value since you purchased them? There's really no point in donating them because you cannot deduct losses on donated property. Instead, you could sell them and donate the dollar amount you receive. Then, when you file your 1040, you can deduct that amount as well as up to $3,000 in losses.

(3) Itemizing

In order to deduct your contribution you must opt to itemize your deductions on Schedule A of your 1040. For most taxpayers, itemizing makes sense only if one's itemized deductions exceed the standard deduction. (The standard deduction is a dollar amount given by the IRS to all taxpayers who do not itemize.)

Even if your charitable donations throughout the year do not equal the standard deduction, it still may pay to itemize if you have other qualified deductions -- such interest on a home mortgage -- that add up to more than the standard deduction. Check with your tax preparer.

Donating cash

If after reviewing your BUYandHOLD portfolio, you decide not to sell your stock, here's some good news about donating cash.

Ordinarily, charitable deductions are limited to 50% of a taxpayer's adjusted gross income. However, between August 28 and January 1 of this year, due to the destruction of the Gulf States from the hurricanes, that limit has been raised to 100% of AGI.

Good luck!

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