Insights

IRS Allows Deduction for Donations to Trusts
Created as Workaround to $10,000 Salt CAP

Businesses donating to charitable funds in exchange for a state tax credit can deduct those costs from their federal taxes, according to recently released IRS regulations.

The Internal Revenue Service guidance, which finalized a proposal from December, addresses confusion as to how the donations are treated, following changes to how the IRS treats tax benefits from donating to state charitable funds.

The regulations also provide a safe harbor for some individuals who donate to these charitable funds for a tax credit.

The regulations are a response to new state charitable funds that have sprung up following the 2017 tax law, which capped the annual state and local tax, or SALT, deduction on federal tax returns at $10,000.

The SALT cap was one of the most politically contentious changes in the Republican tax overhaul. Removing the cap on SALT deductions is among the things Democrats have said they’re are pursuing in negotiations with Republicans for an upcoming stimulus bill.

Click here for the full updated IRS regulations.

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