(a) In general. (1) Section 170(d)(1), relating to carryover of
charitable contributions in excess of 50 percent of contribution base,
and section 170(b)(1)(D)(ii), relating to carryover of charitable
contributions in excess of 30 percent of contribution base, provide for
excess charitable contributions carryovers by individuals of charitable
contributions to section 170(b)(1)(A) organizations described in
Sec. 1.170A-9. These carryovers shall be determined as provided in
paragraphs (b) and (c) of this section. No excess charitable
contributions carryover shall be allowed with respect to contributions
"for the use of," rather than "to," section 170(b)(1)(A)
organizations or with respect to contributions "to" or "for the use
of" organizations which are not section 170(b)(1)(A) organizations. See
Sec. 1.170A-8(a)(2) for definitions of "to" or "for the use of" a
charitable organization.
(2) The carryover provisions apply with respect to contributions
made during a taxable year in excess of the applicable percentage
limitation even though the taxpayer elects under section 144 to take the
standard deduction in that year instead of itemizing the deduction
allowable in computing taxable income for that year.
(3) For provisions requiring a reduction of the excess charitable
contribution computed under paragraph (b)(1) or (c)(1) of this section
when there is a net operating loss carryover to the taxable year, see
paragraph (d)(1) of this section.
(4) The provisions of section 170 (b)(1)(D)(ii) and (d)(1) and this
section do not apply to contributions by an estate; nor do they apply to
a trust unless the trust is a private foundation which, pursuant to
Sec. 1.642(c)-4, is allowed a deduction under section 170 subject to the
provisions applicable to individuals.
(b) 50-percent charitable contributions carryover of individuals--
(1) Computation of excess of charitable contributions made in a
contribution year. Under section 170(d)(1), subject to certain
conditions and limitations, the excess of:
(i) The amount of the charitable contributions made by an individual
in a taxable year (hereinafter) in this paragraph referred to as the
"contribution year") to section 170(b)(1)(A) organizations described
in Sec. 1.170A-9, over
(ii) 50 percent of his contribution base, as defined in section
170(b)(1)(F), for such contribution year, shall be treated as a
charitable contribution paid by him to a section 170(b)(1)(A)
organization in each of the 5 taxable years immediately succeeding the
contribution year in order of time. However, such excess to the extent
it consists of contributions of 30-percent capital gain property, as
defined in Sec. 1.170A-8(d)(3), shall be subject to the rules of section
170(b)(1)(D)(ii) and paragraph (c) of this section in the years to which
it is carried over. A charitable contribution made in a taxable year
beginning before January 1, 1970, to a section 170(b)(1)(A) organization
and carried over to a taxable year beginning after December 31, 1969,
under section 170(b)(5) (before its amendment by the Tax Reform Act of
1969) shall be treated in such taxable year beginning after December 31,
1969, as a charitable contribution of cash subject to the limitations of
this paragraph, whether or not such carryover consists of contributions
of 30-percent capital gain property or of ordinary income property
described in Sec. 1.170A-4(b)(1). For purposes of applying this
paragraph and paragraph (c) of this section, such a carryover from a
taxable year beginning before January 1, 1970, which is so treated as paid to a section 170(b)(1)(A) organization
in a taxable year beginning after December 31, 1969, shall be treated as
paid to such an organization under section 170(d)(1) and this section.
The provisions of this subparagraph may be illustrated by the following
examples:
Example 1. Assume that H and W (husband and wife) have a
contribution base for 1970 of $50,000 and for 1971 of $40,000 and file a
joint return for each year. Assume further that in 1970 they make a
charitable contribution in cash of $26,500 to a church and $1,000 to X
(not a section 170(b)(1)(A) organization) and in 1971 they make a
charitable contribution in cash of $19,000 to a church and $600 to X.
They may claim a charitable contributions deduction of $25,000 in 1970,
and the excess of $26,500 (contribution to the church) over $25,000 (50
percent of contribution base), or $1,500, constitutes a charitable
contributions carryover which shall be treated as a charitable
contribution paid by them to a section 170(b)(1)(A) organization in each
of the 5 succeeding taxable years in order of time. No carryover is
allowed with respect to the $1,000 contribution made to X in 1970. Since
50 percent of their contribution base for 1971 ($20,000) exceeds the
charitable contributions of $19,000 made by them in 1971 to section
170(b)(1)(A) organizations (computed without regard to section 170
(b)(1)(D)(ii) and (d)(1) and this section), the portion of the 1970
carryover equal to such excess of $1,000 ($20,000 minus $19,000) is
treated, pursuant to the provisions of subparagraph (2) of this
paragraph, as paid to a section 170(b)(1)(A) organization in 1971; the
remaining $500 constitutes an unused charitable contributions carryover.
No deduction for 1971, and no carryover, are allowed with respect to the
$600 contribution made to X in 1971.
Example 2. Assume the same facts as in Example (1) except that H and
W have a contribution base for 1971 of $42,000. Since 50 percent of
their contribution base for 1971 ($21,000) exceeds by $2,000 the
charitable contribution of $19,000 made by them in 1971 to the section
170(b)(1)(A) organization (computed without regard to section 170
(b)(1)(D)(ii) and (d)(1) and this section), the full amount of the 1970
carryover of $1,500 is treated, pursuant to the provisions of
subparagraph (2) of this paragraph, as paid to a section 170(b)(1)(A)
organization in 1971. They may also claim a charitable contribution of
$500 ($21,000 -$20,500[$19,000+$1,500]) with respect to the gift to X in
1971. No carryover is allowed with respect to the $100 ($600-$500) of
the contribution to X which is not deductible in 1971.
(2) Determination of amount treated as paid in taxable years
succeeding contribution year. In applying the provisions of subparagraph
(1) of this paragraph, the amount of the excess computed in accordance
with the provisions of such subparagraph and paragraph (d)(1) of this
section which is to be treated as paid in any one of the 5 taxable years
immediately succeeding the contribution year to a section 170(b)(1)(A)
organization shall not exceed the lesser of the amounts computed under
subdivisions (i) to (iii), inclusive, of this subparagraph:
(i) The amount by which 50 percent of the taxpayer's contribution
base for such succeeding taxable year exceeds the sum of:
(a) The charitable contributions actually made (computed without
regard to the provisions of section 170 (b)(1)(D)(ii) and (d)(1) and
this section) by the taxpayer in such succeeding taxable year to section
170(b)(1)(A) organizations, and
(b) The charitable contributions, other than contributions of 30-
percent capital gain property, made to section 170(b)(1)(A)
organizations in taxable years preceding the contribution year which,
pursuant to the provisions of section 170(d)(1) and this section, are
treated as having been paid to a section 170(b)(1)(A) organization in
such succeeding year.
(ii) In the case of the first taxable year succeeding the
contribution year, the amount of the excess charitable contribution in
the contribution year, computed under subparagraph (1) of this paragraph
and paragraph (d)(1) of this section.
(iii) In the case of the second, third, fourth, and fifth taxable
years succeeding the contribution year, the portion of the excess
charitable contribution in the contribution year, computed under
subparagraph (1) of this paragraph and paragraph (d)(1) of this section,
which has not been treated as paid to a section 170(b)(1)(A)
organization in a year intervening between the contribution year and
such succeeding taxable year.
For purposes of applying subdivision (i)(a) of this subparagraph, the
amount of charitable contributions of 30-percent capital gain property
actually made in a taxable year succeeding the contribution year shall
be determined by first applying the 30-percent limitation of section 170(b)(1)(D)(i)
and paragraph (d) of Sec. 1.170A-8. If a taxpayer, in any one of the 4
taxable years succeeding a contribution year, elects under section 144
to take the standard deduction instead of itemizing the deductions
allowable in computing taxable income, there shall be treated as paid
(but not allowable as a deduction) in such standard deduction year the
lesser of the amounts determined under subdivisions (i) to (iii),
inclusive, of this subparagraph. The provisions of this subparagraph may
be illustrated by the following examples:
Example 1. Assume that B has a contribution base for 1970 of $20,000
and for 1971 of $30,000. Assume further that in 1970 B contributed
$12,000 in cash to a church and in 1971 he contributed $13,500 in cash
to the church. B may claim a charitable contributions deduction of
$10,000 in 1970, and the excess of $12,000 (contribution to the church)
over $10,000 (50 percent of B's contribution base), or $2,000,
constitutes a charitable contributions carryover which shall be treated
as a charitable contribution paid by B to a section 170(b)(1)(A)
organization in the 5 taxable years succeeding 1970 in order of time. B
may claim a charitable contributions deduction of $15,000 in 1971. Such
$15,000 consists of the $13,500 contribution to the church in 1971 and
$1,500 carried over from 1970 and treated as a charitable contribution
paid to a section 170(b)(1)(A) organization in 1971. The $1,500
contribution treated as paid in 1971 is computed as follows:
1970 excess contributions | | $2,000 |
50 percent of B's contribution base for 1971 | | $15,000 |
Less: Contributions actually made in 1971 to section 170(b)(1)(A) organizations | $13,500 | |
Less: Contributions made to section 170(b)(1)(A) organizations in taxable years prior to 1970 treated as having been paid in 1971 | $0 | $13,500 |
Balance | | $1,500 |
Amount of 1970 excess treated as paid in 1971--the lesser of $2,000 (1970 excess contributions) or $1,500 (excess of 50 percent of contribution base for 1971 ($15,000) over the sum of the section 170(b)(1)(A) contributions actually made in 1971 ($13,500) and the section 170(b)(1)(A) contributions made in years prior to 1970 treated as having been paid in 1971 ($0)) | | $1,500 |
If the excess contributions made by B in 1970 had been $1,000 instead of
$2,000, then, for purposes of this example, the amount of the 1970
excess treated as paid in 1971 would be $1,000 rather than $1,500.
Example 2. Assume the same facts as in Example (1), and, in
addition, that B has a contribution base for 1972 of $10,000 and for
1973 of $20,000. Assume further with respect to 1972 that B elects under
section 144 to take the standard deduction in computing taxable income
and that his actual contributions to section 170(b)(1)(A) organizations
in that year are $300 in cash. Assume further with respect to 1973 that
R itemizes his deductions, which include a $5,000 cash contribution to a
church. B's deductions for 1972 are not increased by reason of the $500
available as a charitable contributions carryover from 1970 (excess
contributions made in 1970 ($2,000) less the amount of such excess
treated as paid in 1971 ($1,500)), since B elected to take the standard
deduction in 1972. However, for purposes of determining the amount of
the excess charitable contributions made in 1970 which is available as a
carryover to 1973, B is required to treat such $500 as a charitable
contribution paid in 1972--the lesser of $500 or $4,700 (50 percent of
contribution base ($5,000) over contributions actually made in 1972 to
section 170(b)(1)(A) organizations ($300)). Therefore, even though the
$5,000 contribution made by B in 1973 to a church does not amount to 50
percent of B's contribution base for 1973 (50 percent of $20,000), B may
claim a charitable contributions deduction of only the $5,000 actually
paid in 1973 since the entire excess charitable contribution made in
1970 ($2,000) has been treated as paid in 1971 ($1,500) and 1972 ($500).
Example 3. Assume the following factual situation for C who itemizes
his deductions in computing taxable income for each of the years set
forth in the example:
| 1970 | 1971 | 1972 | 1973 | 1974 |
Contribution base | $10,000 | $7,000 | $15,000 | $10,000 | $9,000 |
Contributions of cash to section 170(b)(1)(A) organizations (no other contributions) | $6,000 | $4,400 | $8,000 | $3,000 | $1,500 |
Allowable charitable contributions deductions computed without regard to carryover of contributions | $5,000 | $3,500 | $7,500 | $3,000 | $1,500 |
Excess contributions for taxable year to be treated as paid in 5 succeeding taxable years | $1,000 | $900 | $500 | 0 | 0 |
Since C's contributions in 1973 and 1974 to section 170(b)(1)(A)
organizations are less than 50 percent of his contribution base for such
years, the excess contributions for 1970, 1971, and 1972 are treated as
having been paid to section 170(b)(1)(A) organizations in 1973 and 1974
as follows:
1970 | $1,000 | 0 | $1,000 |
1971 | $900 | 0 | $900 |
1972 | $500 | 0 | $500 |
Total | $2,400 |
50 percent of B's contribution base for 1973 | $5,000 |
Less: Charitable contributions made in 1973 to section 170(b)(1)(A) organizations | $3,000 |
| $2,000 |
Amount of excess contributions treated as paid in 1973--lesser of $2,400 (available carryovers to1973) or $2,000 (excess of 50 percent of contribution base ($5,000) over contributions actually made in 1973 to section 170(b)(1)(A) organizations ($3,000)) | $2,000 |
1970 | $1,000 | $1,000 | 0 |
1971 | $900 | $900 | 0 |
1972 | $500 | $100 | $400 |
1973 | 0 | 0 | 0 |
Total | $400 |
50 percent of B's contribution base for 1974 | $4,500 |
Less: Charitable contributions made in 1974 to section 170(b)(1)(A) organizations | $1,500 |
| $3,000 |
Amount of excess contributions treated as paid in 1974--the lesser of $400 (available carryovers to 1974) or $3,000 (excess of 50 percent of contribution base ($4,500) over contributions actually made in 1974 to section 170(b)(1)(A) organizations ($1,500)) | $400 |
(c) 30-percent charitable contributions carryover of individuals--
(1) Computation of excess of charitable contributions made in a
contribution year. Under section 170(b)(1)(D)(ii), subject to certain
conditions and limitations, the excess of:
(i) The amount of the charitable contributions of 30-percent capital
gain property, as defined in Sec. 1.170A-8(d)(3), made by an individual
in a taxable year (hereinafter in this paragraph referred to as the
"contribution year") to section 170(b)(1)(A) organizations described
in Sec. 1.170A-9, over
(ii) 30 percent of his contribution base for such contribution year,
shall, subject to section 170(b)(1)(A) and paragraph (b) of Sec. 1.170A-
8, be treated as a charitable contribution of 30-percent capital gain
property paid by him to a section 170(b)(1)(A) organization in each of
the 5 taxable years immediately succeeding the contribution year in
order of time. In addition, any charitable contribution of 30-percent
capital gain property which is carried over to such years under section
170(d)(1) and paragraph (b) of this section shall also be treated as
though it were a carryover of 30-percent capital gain property under
section 170(b)(1)(D)(ii) and this paragraph. The provisions of this
subparagraph may be illustrated by the following examples:
Example 1. Assume that H and W (husband and wife) have a
contribution base for 1970 of $50,000 and for 1971 of $40,000 and file a
joint return for each year. Assume further that in 1970 they contribute
$20,000 cash and $13,000 of 30-percent capital gain property to a
church, and that in 1971 they contribute $5,000 cash and $10,000 of 30-
percent capital gain property to a church. They may claim a charitable
contributions deduction of $25,000 in 1970 and the excess of $33,000
(contributed to the church) over $25,000 (50 percent of contribution
base), or $8,000, constitutes a charitable contributions carryover which
shall be treated as a charitable contribution of 30-percent capital gain
property paid by them to a section 170(b)(1)(A) organization in each of
the 5 succeeding taxable years in order of time. Since 30 percent of
their contribution base for 1971 ($12,000) exceeds the charitable
contributions of 30-percent capital gain property ($10,000) made by them
in 1971 to section 170(b)(1)(A) organizations (computed without regard
to section 170 (b)(1)(D)(ii) and (d)(1) and this section), the portion
of the 1970 carryover equal to such excess of $2,000 ($12,000--$10,000)
is treated, pursuant to the provisions of subparagraph (2) of this
paragraph, as paid to a section 170(b)(1)(A) organization in 1971; the
remaining $6,000 constitutes an unused charitable contributions
carryover in respect of 30-percent capital gain property from 1970.
Example 2. Assume the same facts as in Example (1) except the
$33,000 of charitable contributions in 1970 are all 30-percent capital
gain property. Since their charitable contributions in 1970 exceed 30
percent of their contribution base ($15,000) by $18,000($33,000--$15,000), they may claim a charitable contributions deduction
of $15,000 in 1970, and the excess of $33,000 over $15,000, or $18,000,
constitutes a charitable contributions carryover which shall be treated
as a charitable contribution of 30-percent capital gain property paid by
them to a section 170(b)(1)(A) organization in each of the 5 succeeding
taxable years in order of time. Since they are allowed to treat only
$2,000 of their 1970 contribution as paid in 1971, they have a remaining
unused charitable contributions carryover of $16,000 in respect of 30-
percent capital gain property from 1970.
(2) Determination of amount treated as paid in taxable years
succeeding contribution year. In applying the provisions of subparagraph
(1) of this paragraph, the amount of the excess computed in accordance
with the provisions of such subparagraph and paragraph (d)(1) of this
section which is to be treated as paid in any one of the 5 taxable years
immediately succeeding the contribution year to a section 170(b)(1)(A)
organization shall not exceed the least of the amounts computed under
subdivisions (i) to (iv), inclusive, of this subparagraph:
(i) The amount by which 30 percent of the taxpayer's contribution
base for such succeeding taxable year exceeds the sum of:
(a) The charitable contributions of 30-percent capital gain property
actually made (computed without regard to the provisions of section 170
(b)(1)(D)(ii) and (d)(1) and this section) by the taxpayer in such
succeeding taxable year to section 170(b)(1)(A) organizations, and
(b) The charitable contributions of 30-percent capital gain property
made to section 170(b)(1)(A) organizations in taxable years preceding
the contribution year, which, pursuant to the provisions of section 170
(b)(1)(D)(ii) and (d)(1) and this section, are treated as having been
paid to a section 170(b)(1)(A) organization in such succeeding year.
(ii) The amount by which 50 percent of the taxpayer's contribution
base for such succeeding taxable year exceeds the sum of:
(a) The charitable contributions actually made (computed without
regard to the provisions of section 170 (b)(1)(D)(ii) and (d)(1) and
this section) by the taxpayer in such succeeding taxable year to section
170(b)(1)(A) organizations,
(b) The charitable contributions of 30-percent capital gain property
made to section 170(b)(1)(A) organizations in taxable years preceding
the contribution year which, pursuant to the provisions of section 170
(b)(1)(D)(ii) and (d)(1) and this section, are treated as having been
paid to a section 170(b)(1)(A) organization in such succeeding year, and
(c) The charitable contributions, other than contributions of 30-
percent capital gain property, made to section 170(b)(1)(A)
organizations which, pursuant to the provisions of section 170(d)(1) and
paragraph (b) of this section, are treated as having been paid to a
section 170(b)(1)(A) organization in such succeeding year.
(iii) In the case of the first taxable year succeeding the
contribution year, the amount of the excess charitable contribution of
30-percent capital gain property in the contribution year, computed
under subparagraph (1) of this paragraph and paragraph (d)(1) of this
section.
(iv) In the case of the second, third, fourth, and fifth succeeding
taxable years succeeding the contribution year, the portion of the
excess charitable contribution of 30-percent capital gain property in
the contribution year (computed under subparagraph (1) of this paragraph
and paragraph (d)(1) of this section) which has not been treated as paid
to a section 170(b)(1)(A) organization in a year intervening between the
contribution year and such succeeding taxable year.
For purposes of applying subdivisions (i) and (ii) of this subparagraph,
the amount of charitable contributions of 30-percent capital gain
property actually made in a taxable year succeeding the contribution
year shall be determined by first applying the 30-percent limitation of
section 170(b)(1)(D)(i) and paragraph (d) of Sec. 1.170A-8. If a
taxpayer, in any one of the four taxable years succeeding a contribution
year, elects under section 144 to take the standard deduction instead of
itemizing the deductions allowable in computing taxable income, there
shall be treated as paid (but not allowable as a deduction) in the
standard deduction year the least of the amounts determined under subdivisions (i) to (iv),
inclusive, of this subparagraph. The provisions of this subparagraph may
be illustrated by the following example:
Example. Assume the following factual situation for C who itemizes
his deductions in computing taxable income for each of the years set
forth in the example:
| 1970 | 1971 | 1972 | 1973 | 1974 |
Contribution base | $10,000 | $15,000 | $20,000 | $15,000 | $33,000 |
Contributions of cash to section 170(b)(1)(A) organizations | $2,000 | $8,500 | 0 | $14,000 | $700 |
Contributions of 30-percent capital gain property to section 170(b)(1)(A) organizations | $5,000 | 0 | $7,800 | 0 | $6,400 |
Allowable charitable contributions deductions (computed without regard to carryover of contributions) subject to limitations of: | |
50 percent | $2,000 | $7,500 | 0 | $7,500 | $700 |
30 percent | $3,000 | 0 | $6,000 | 0 | $6,400 |
Total | $5,000 | $7,500 | $6,000 | $7,500 | $7,100 |
Excess of contributions for taxable year to be treated as paid in 5 succeeding taxable years: | |
Carryover of contributions of property other than 30-percent capital gain property | 0 | $1,000 | 0 | $6,500 | 0 |
Carryover of contributions of 30-percent capital gain property | $2,000 | 0 | $1,800 | 0 | 0 |
C's excess contributions for 1970, 1971, 1972, and 1973 which are treated as having been paid to section
170(b)(1)(A) organizations in 1972, 1973, and 1974 are indicated below. The portion of the excess charitable
contribution for 1972 of 30-percent capital gain property which is not treated as paid in 1974 ($1,800-$900)
is available as a carryover to 1975.
1971 |
Contribution year | Total excess | Less: Amount treated as paid in years prior to 1971 | Available charitable contributions carryovers |
50% | 30% | 50% | 30% |
1970 | 0 | $2,000 | $0 | $0 | $2,000 |
50 percent of C's contribution base for 1971 | $7,500 | 0 |
30 percent of C's contribution base for 1971 | 0 | $4,500 |
Less: Charitable contributions actually made in 1971 to section 170(b)(1)(A) organizations ($8,500, but not to exceed 50% of contribution base) | $7,500 | 0 |
Excess | 0 | $4,500 |
The amount of excess contributions for 1970 of 30-percent capital gain property which is treated as paid in 1971 is the least of: | |
(i) Available carryover from 1970 to 1971 of contributions of 30-percent capital gain property | $2,000 | 0 |
(ii) Excess of 50 percent of contribution base for 1971 ($7,500) over sum of contributions actually made in 1971 to section 170(b)(1)(A) organizations ($7,500) | 0 | |
(iii) Excess of 30 percent of contribution base for 1971 ($4,500) over contributions of 30 percent capital gain property actually made in 1971 to section 170(b)(1)(A) organizations ($0) | $4,500 | |
Amount treated as paid | | 0 |
1972 |
Contribution year | Total excess | Less: Amount treated as paid in years prior to 1971 | Available charitable contributions carryovers |
50% | 30% | 50% | 30% |
1970 | 0 | $2,000 | 0 | 0 | $2,000 |
1971 | $1,000 | 0 | 0 | $1,000 | 0 |
| $1,000 | $2,000 |
50 percent of C's contribution base for 1972 | $10,000 | |
30 percent of C's contribution base for 1972 | | $6,000 |
Less:Charitable contributions actually made in 1972 to section 170(b)(1)(A) organizations ($7,800, but not to exceed 30% of contribution base) | 0 | $6,000 |
Excess | $10,000 | 0 |
(1) The amount of excess contributions for 1971 of property other than 30-percent capital gain property which is treated as paid in 1972 is the lesser of: | |
(i) Available carryover from 1971 to 1972 of contributions of property other than 30-percent capital gain property | $1,000 | |
(ii) Excess of 50 percent of contribution base for 1972 ($10,000) over contributions actually made in 1972 to section 170(b)(1)(A) organizations ($6,000) | $4,000 | |
Amount treated as paid | | $1,000 |
(2) The amount of excess contributions for 1970 of 30-percent capital gain property which is treated as paid in 1972 is the least of: | |
(i) Available carryover from 1970 to 1972 of contributions of 30-percent capital gain property | $2,000 | |
(ii) Excess of 50 percent of contribution base for 1972 ($10,000) over sum of contributions actually made in 1972 to section 170(b)(1)(A) organizations ($6,000) and excess contributions for 1971 treated under item (1) above as paid in 1972 ($1,000) | $3,000 | |
(iii) Excess of 30 percent of contribution base for 1972 ($6,000) over contributions of 30-percent capital gain property actually made in 1972 to section 170(b)(1)(A) organizations ($6,000) | 0 | |
Amount treated as paid | | 0 |
1973 |
Contribution year | Total excess | Less: Amount treated as paid in years prior to 1971 | Available charitable contributions carryovers |
50% | 30% | 50% | 30% |
1970 | 0 | $2,000 | 0 | 0 | $2,000 |
1971 | $1,000 | 0 | 0 | $1,000 | 0 |
1972 | 0 | $1,800 | 0 | 0 | $1,800 |
| 0 | $3,800 |
50 percent of C's contribution base for 1973 | $7,500 | |
30 percent of C's contribution base for 1973 | | $4,500 |
Less:Charitable contributions actually made in 1973 to section 170(b)(1)(A) organizations ($14,000, but not to exceed 50% of contribution base) | $7,500 | 0 |
Excess | 0 | $4,500 |
(1) The amount of excess contributions for 1970 of 30-percent capital gain property which is treated as paid in 1973 is the least of: | |
(i) Available carryover from 1970 to 1973 of contributions of 30-percent capital gain property | $2,000 | |
(ii) Excess of 50 percent of contribution base for 1973 ($7,500) over contributions actually made in 1973 to section 170(b)(1)(A) organizations ($7,500) | 0 | |
(iii) Excess of 30 percent of contribution base for 1973 ($4,500) over contributions of 30-percent capital gain property actually made in 1973 to section 170(b)(1)(A) organizations ($0) | $4,500 | |
Amount treated as paid | | 0 |
(2) The amount of excess contributions for 1972 of 30-percent capital gain property which is treated as paid in 1973 is the least of: | |
(i) Available carryover from 1972 to 1973 of contributions of 30-percent capital gain property | $1,800 | |
(ii) Excess of 50 percent of contribution base for 1973 ($7,500) over contributions actually made in 1973 to section 170(b)(1)(A) organizations ($7,500) | 0 | |
(iii) Excess of 30 percent of contribution base for 1973 ($4,500) over sum of contributions of 30-percent capital gain property actually made in 1973 to section 170(b)(1)(A) organizations ($0) and excess contributions for 1970 treated under item (1) above as paid in 1973 ($0) | $4,500 | |
Amount treated as paid | | 0 |
1974 |
Contribution year | Total excess | Less: Amount treated as paid in years prior to 1971 | Available charitable contributions carryovers |
50% | 30% | 50% | 30% |
1970 | 0 | $2,000 | 0 | 0 | $2,000 |
1971 | $1,000 | 0 | 0 | $1,000 | 0 |
1972 | 0 | $1,800 | 0 | 0 | $1,800 |
1973 | $6,500 | 0 | 0 | $6,500 | 0 |
| $6,500 | $3,800 |
50 percent of C's contribution base for 1974 | $16,500 | |
30 percent of C's contribution base for 1974 | | $9,900 |
Less:Charitable contributions actually made in 1974 to section 170(b)(1)(A) organizations | $700 | $6,400 |
Excess | $15,800 | $3,500 |
(1) The amount of excess contributions for 1973 of property other than 30-percent capital gain property which is treated as paid in 1974 is the lesser of: | |
(i) Available carryover from 1973 to 1974 of contributions of property other than 30-percent capital gain property | $6,500 | |
(ii) Excess of 50 percent of contribution base for 1974 ($16,500) over contributions actually made in 1974 to section 170(b)(1)(A) organizations ($7,100) | $9,400 | |
Amount treated as paid | | $6,500 |
(2) The amount of excess contributions for 1970 of 30-percent capital gain property which is treated as paid in 1974 is the least of: | |
(i) Available carryover from 1970 to 1974 of contributions of 30-percent capital gain property | $2,000 | |
(ii) Excess of 50 percent of contribution base for 1974 ($16,500) over sum of contributions actually made in 1974 to section 170(b)(1)(A) organizations ($7,100) and excess contributions for 1973 of property other than 30-percent capital gain property treated under item (1) above as paid in 1974 ($6,500) | $2,900 | |
(iii) Excess of 30 percent of contribution base for 1974 ($9,900) over contributions of 30-percent capital gain property actually made in 1974 to section 170(b)(1)(A) organizations ($6,400) | $3,500 | |
Amount treated as paid | | $2,000 |
(3) The amount of excess contributions for 1972 of 30-percent capital gain property which is treated as paid in 1974 is the least of: | |
(i) Available carryover from 1972 to 1974 of contributions of 30-percent capital gain property | $1,800 | |
(ii) Excess of 50 percent of contribution base for 1974 ($16,500) over sum of contributions actually made in 1974 to section 170(b)(1)(A) organizations ($7,100) and excess contributions for 1973 and 1970 treated under item (1) and (2) above as paid in 1974 ($8,500) | $900 | |
(iii) Excess of 30 percent of contribution base for 1974 ($9,900) over sum of contributions of 30-percent capital gain property actually made in 1974 to section 170(b)(1)(A) organizations ($6,400) and excess contributions for 1970 of 30-percent capital gain property treated under item (2) above as paid in 1974 ($2,000) | $1,500 | |
Amount treated as paid | | $900 |
(d) Adjustments--(1) Effect of net operating loss carryovers on
carryover of excess contributions. An individual having a net operating
loss carryover from a prior taxable year which is available as a
deduction in a contribution year must apply the special rule of section
170(d)(1)(B) and this subparagraph in computing the excess described in
paragraph (b)(1) or (c)(1) of this section for such contribution year.
In determining the amount of excess charitable contributions that shall
be treated as paid in each of the 5 taxable years succeeding the
contribution year, the excess charitable contributions described in
paragraph (b)(1) or (c)(1) of this section must be reduced by the amount
by which such excess reduces taxable income (for purposes of determining
the portion of a net operating loss which shall be carried to taxable
years succeeding the contribution year under the second sentence of
section 172(b)(2)) and increases the net operating loss which is carried
to a succeeding taxable year. In reducing taxable income under the
second sentence of section 172(b)(2), an individual who has made
charitable contributions in the contribution year to both section
170(b)(1)(A) organizations, as defined in Sec. 1.170A-9, and to
organizations which are not section 170(b)(1)(A) organizations must
first deduct contributions made to the section 170(b)(1)(A)
organizations from his adjusted gross income computed without regard to
his net operating loss deduction before any of the contributions made to
organizations which are not section 170(b)(1)(A) organizations may be
deducted from such adjusted gross income. Thus, if the excess of the
contributions made in the contribution year to section 170(b)(1)(A)
organizations over the amount deductible in such contribution year is
utilized to reduce taxable income (under the provisions of section
172(b)(2)) for such year, thereby serving to increase the amount of the
net operating loss carryover to a succeeding year or years, no part of
the excess charitable contributions made in such contribution year shall
be treated as paid in any of the 5 immediately succeeding taxable years.
If only a portion of the excess charitable contributions is so used, the
excess charitable contributions shall be reduced only to that extent.
The provisions of this subparagraph may be illustrated by the following
examples:
Example 1. B, an individual, reports his income on the calendar year
basis and for the year 1970 has adjusted gross income (computed without
regard to any net operating loss deduction) of $50,000. During 1970 he
made charitable contributions of cash in the amount of $30,000 all of
which were to section 170(b)(1)(A) organizations. B has a net operating
loss carryover from 1969 of $50,000. In the absence of the net operating
loss deduction B would have been allowed a deduction for charitable
contributions of $25,000. After the application of the net operating
loss deduction, B is allowed no deduction for charitable contributions,
and there is (before applying the special rule of section 170(d)(1)(B)
and this subparagraph) a tentative excess charitable contribution of
$30,000. For purposes of determining the net operating loss which
remains to be carried over to 1971, B computes his taxable income for
1970 under section 172(b)(2) by deducting the $25,000 charitable
contribution. After the $50,000 net operating loss carryover is applied
against the $25,000 of taxable income for 1970 (computed in accordance
with section 172(b)(2), assuming no deductions other than the charitable
contributions deduction are applicable in making such computation),
there remains a $25,000 net operating loss carryover to 1971. Since the
application of the net operating loss carryover of $50,000 from 1969
reduces the 1970 adjusted gross income (for purposes of determining 1970
tax liability) to zero, no part of the $25,000 of charitable
contributions in that year is deductible under section 170(b)(1).
However, in determining the amount of the excess charitable
contributions which shall be treated as paid in taxable years 1971,
1972, 1973, 1974, and 1975, the $30,000 must be reduced to $5,000 by the
portion of the excess charitable contributions ($25,000) which was used
to reduce taxable income for 1970 (as computed for purposes of the
second sentence of section 172(b)(2)) and which thereby served to
increase the net operating loss carryover to 1971 from zero to $25,000.
Example 2. Assume the same facts as in Example (1), except that B's
total charitable contributions of $30,000 in cash made during 1970
consisted of $25,000 to section 170(b)(1)(A) organizations and $5,000 to
organizations other than section 170(b)(1)(A) organizations. Under these
facts there is a tentative excess charitable contribution of $25,000,
rather than $30,000 as in Example (1). For purposes of determining the
net operating loss which remains to be carried over to 1971, B computes
his taxable income for 1970 under section 172(b)(2) by deducting the
$25,000 of charitable contributions made to section 170(b)(1)(A)
organizations. Since the excess charitable contribution of $25,000
determined in accordance with paragraph (b)(1) of this section was used
to reduce taxable income for 1970 (as computed for purposes of the
second sentence of section 172(b)(2)) and thereby served to increase the
net operating loss carryover to 1971 from zero to $25,000, no part of
such excess charitable contributions made in the contribution year shall
be treated as paid in any of the five immediately succeeding taxable
years. No carryover is allowed with respect to the $5,000 of charitable
contributions made in 1970 to organizations other than section
170(b)(1)(A) organizations.
Example 3. Assume the same facts as in Example (1), except that B's
total contributions of $30,000 made during 1970 were of 30-percent
capital gain property. Under these facts there is a tentative excess
charitable contribution of $30,000. For purposes of determining the net
operating loss which remains to be carried over to 1971, B computes his
taxable income for 1970 under section 172(b)(2)(B) by deducting the
$15,000 (30% of $50,000) contribution of 30-percent capital gain
property which would have been deductible in 1970 absent the net
operating loss deduction. Since $15,000 of the excess charitable
contribution of $30,000 determined in accordance with paragraph (c)(1)
of this section was used to reduce taxable income for 1970 (as computed
for purposes of the second sentence of section 172(b)(2)) and thereby served to increase the net
operating loss carryover to 1971 from zero to $15,000, only $15,000
($30,000--$15,000) of such excess shall be treated as paid in taxable
years 1971, 1972, 1973, 1974, and 1975.
(2) Effect of net operating loss carryback to contribution year. The
amount of the excess contribution for a contribution year computed as
provided in paragraph (b)(1) or (c)(1) of this section and subparagraph
(1) of this paragraph shall not be increased because a net operating
loss carryback is available as a deduction in the contribution year.
Thus, for example, assuming that in 1970 there is an excess contribution
of $50,000 (determined as provided in paragraph (b)(1) of this section)
which is to be carried to the 5 succeeding taxable years and that in
1973 the taxpayer has a net operating loss which may be carried back to
1970, the excess contribution of $50,000 for 1970 is not increased by
reason of the fact that the adjusted gross income for 1970 (on which
such excess contribution was based) is subsequently decreased by the
carryback of the net operating loss from 1973. In addition, in
determining under the provisions of section 172(b)(2) the amount of the
net operating loss for any year subsequent to the contribution year
which is a carryback or carryover to taxable years succeeding the
contribution year, the amount of contributions made to section
170(b)(1)(A) organizations shall be limited to the amount of such
contributions which did not exceed 50 percent or, in the case of 30-
percent capital gain property, 30 percent of the donor's contribution
base, computed without regard to any of the modifications referred to in
section 172(d), for the contribution year. Thus, for example, assume
that the taxpayer has a net operating loss in 1973 which is carried back
to 1970 and in turn to 1971 and that he has made charitable
contributions in 1970 to section 170(b)(1)(A) organizations. In
determining the maximum amount of such charitable contributions which
may be deducted in 1970 for purposes of determining the taxable income
for 1970 which is deducted under section 172(b)(2) from the 1973 loss in
order to ascertain the amount of such loss which is carried back to
1971, the 50-percent limitation of section 170(b)(1)(A) is based upon
the adjusted gross income for 1970 computed without taking into account
the net operating loss carryback from 1973 and without making any of the
modifications specified in section 172(d).
(3) Effect of net operating loss carryback to taxable years
succeeding the contribution year. The amount of the charitable
contribution from a preceding taxable year which is treated as paid, as
provided in paragraph (b)(2) or (c)(2) of this section, in a current
taxable year (hereinafter referred to in this subparagraph as the
"deduction year") shall not be reduced because a net operating loss
carryback is available as a deduction in the deduction year. In
addition, in determining under the provisions of section 172(b)(2) the
amount of the net operating loss for any taxable year subsequent to the
deduction year which is a carryback or carryover to taxable years
succeeding the deduction year, the amount of contributions made to
section 170(b)(1)(A) organizations in the deduction year shall be
limited to the amount of such contributions, which were actually made in
such year and those which were treated as paid in such year, which did
not exceed 50 percent or, in the case of 30-percent capital gain
property, 30 percent of the donor's contribution base, computed without
regard to any of the modifications referred to in section 172(d), for
the deduction year.
(4) Husband and wife filing joint returns--(i) Change from joint
return to separate returns. If a husband and wife:
(a) Make a joint return for a contribution year and compute an
excess charitable contribution for such year in accordance with the
provisions of paragraph (b)(1) or (c)(1) of this section and
subparagraph (1) of this paragraph, and
(b) Make separate returns for one or more of the 5 taxable years
immediately succeeding such contribution year, any excess charitable
contribution for the contribution year which is unused at the beginning
of the first such taxable year for which separate returns are filed
shall be allocated between the husband and wife. For purposes of the
allocation, a computation shall be made of the amount of any excess charitable contribution which
each spouse would have computed in accordance with paragraph (b)(1) or
(c)(1) of this section and subparagraph (1) of this paragraph if
separate returns (rather than a joint return) had been filed for the
contribution year. The portion of the total unused excess charitable
contribution for the contribution year allocated to each spouse shall be
an amount which bears the same ratio to such unused excess charitable
contribution as such spouse's excess contribution, based on the separate
return computation, bears to the total excess contributions of both
spouses, based on the separate return computation. To the extent that a
portion of the amount allocated to either spouse in accordance with the
foregoing provisions of this subdivision is not treated in accordance
with the provisions of paragraph (b)(2) or (c)(2) of this section as a
charitable contribution paid to a section 170(b)(1)(A) organization in
the taxable year in which a separate return or separate returns are
filed, each spouse shall for purposes of paragraph (b)(2) or (c)(2) of
this section treat his respective unused portion as the available
charitable contributions carryover to the next succeeding taxable year
in which the joint excess charitable contribution may be treated as paid
in accordance with paragraph (b)(1) or (c)(1) of this section. If such
husband and wife make a joint return in one of the 5 taxable years
immediately succeeding the contribution year with respect to which a
joint excess charitable contribution is computed and following such
first taxable year for which such husband and wife filed a separate
return, the amounts allocated to each spouse in accordance with this
subdivision for such first year reduced by the portion of such amounts
treated as paid to a section 170(b)(1)(A) organization in such first
year and in any taxable year intervening between such first year and the
succeeding taxable year in which the joint return is filed shall be
aggregated for purposes of determining the amount of the available
charitable contributions carryover to such succeeding taxable year. The
provisions of this subdivision may be illustrated by the following
example:
Example. (a) H and W file joint returns for 1970, 1971, and 1972,
and in 1973 they file separate returns. In each such year H and W
itemize their deductions in computing taxable income. Assume the
following factual situation with respect to H and W for 1970:
1970 |
| H | W | Joint Return |
Contribution base | $50,000 | $40,000 | $90,000 |
Contributions of cash to section 170(b)(1)(A) organizations (no other contributions) | $37,000 | $28,000 | $65,000 |
Allowable charitable contributions deductions | $25,000 | $20,000 | $45,000 |
Excess contributions for taxable year to be treated as paid in 5 succeeding taxable years | $12,000 | $8,000 | $20,000 |
(b) The joint excess charitable contribution of $20,000 is to be
treated as having been paid to a section 170(b)(1)(A) organization in
the 5 succeeding taxable years. Assume that in 1971 the portion of such
excess treated as paid by H and W is $3,000, and that in 1972 the
portion of such excess treated as paid is $7,000. Thus, the unused
portion of the excess charitable contribution made in the contribution
year is $10,000 ($20,000 less $3,000 [amount treated as paid in 1971]
and $7,000 [amount treated as paid in 1972]). Since H and W file
separate returns in 1973, $6,000 of such $10,000 is allocable to H, and
$4,000 is allocable to W. Such allocation is computed as follows:
$12,000 (excess charitable contributions made by H (based on separate return computation) in 1970) | |
| X $10,000 = $6,000 |
$20,000 (total excess charitable contributions made by H and W (based on separate return computation) in 1970) | |
$8,000 (excess charitable contributions made by W (based on separate return computation) in 1970) | |
| X $10,000 = $4,000 |
$20,000 (total excess charitable contributions made by H and W (based on separate return computation) in 1970) | |
(c) In 1973 H has a contribution base of $70,000, and he contributes
$14,000 in cash to a section 170(b)(1)(A) organization. In 1973 W has a
contribution base of $50,000, and she contributes $10,000 in cash to a
section 170(b)(1)(A) organization. Accordingly, H may claim a charitable
contributions deduction of $20,000 in 1973, and W may claim a charitable
contributions deduction of $14,000 in 1973. H's $20,000 deduction
consists of the $14,000 contribution made to the section 170(b)(1)(A)
organization in 1973 and the $6,000 carried over from 1970 and treated
as a charitable contribution paid by him to a section 170(b)(1)(A)
organization in 1973. W's $14,000 deduction consists of the $10,000 contribution made to a section
170(b)(1)(A) organization in 1973 and the $4,000 carried over from 1970
and treated as a charitable contribution paid by her to a section
170(b)(1)(A) organization in 1973.
(d) The $6,000 contribution treated as paid in 1973 by H, and the
$4,000 contribution treated as paid in 1973 by W, are computed as
follows:
| H | W |
Available charitable contribution carryover (see computations in (b)) | $6,000 | $4,000 |
50 percent of contribution base | $35,000 | $25,000 |
Contributions of cash made in 1973 to section 170(b)(1)(A) organizations (no other contributions) | $14,000 | $10,000 |
| $21,000 | $15,000 |
Amount of excess contributions treated as paid in 1973: | |
The lesser of $6,000 (available carryover of H to 1973) or $21,000 (excess of 50 percent of contribution base ($35,000) over contributions actually made in 1973 to section 170(b)(1)(A) organizations ($14,000)) | $6,000 | |
The lesser of $4,000 (available carryover of W to 1973) or $15,000 (excess of 50 percent of contribution base ($25,000) over contributions actually made in 1973 to section 170(b)(1)(A) organizations ($10,000)) | | $4,000 |
(e) It is assumed that H and W made no contributions of 30-percent
capital gain property during these years. If they had made such
contributions, there would have been similar adjustments based on 30
percent of the contribution base.
(ii) Change from separate returns to joint return. If in the case of
a husband and wife:
(a) Either or both of the spouses make a separate return for a
contribution year and compute an excess charitable contribution for such
year in accordance with the provisions of paragraph (b)(1) or (c)(1) of
this section and subparagraph (1) of this paragraph, and
(b) Such husband and wife make a joint return for one or more of the
taxable years succeeding such contribution year, the excess charitable
contribution of the husband and wife for the contribution year which is
unused at the beginning of the first taxable year for which a joint
return is filed shall be aggregated for purposes of determining the
portion of such unused charitable contribution which shall be treated in
accordance with paragraph (b)(2) or (c)(2) of this section as a
charitable contribution paid to a section 170(b)(1)(A) organization. The
provisions of this subdivision also apply in the case of two single
individuals who are subsequently married and file a joint return. A
remarried taxpayer who filed a joint return with a former spouse in a
contribution year with respect to which an excess charitable
contribution was computed and who in any one of the 5 taxable years
succeeding such contribution year files a joint return with his or her
present spouse shall treat the unused portion of such excess charitable
contribution allocated to him or her in accordance with subdivision (i)
of this subparagraph in the same manner as the unused portion of an
excess charitable contribution computed in a contribution year in which
he filed a separate return, for purposes of determining the amount which
in accordance with paragraph (b)(2) or (c)(2) of this section shall be
treated as paid to an organization specified in section 170(b)(1)(A) in
such succeeding year.
(iii) Unused excess charitable contribution of deceased spouse. In
case of the death of one spouse, any unused portion of an excess
charitable contribution which is allocable in accordance with
subdivision (i) of this subparagraph to such spouse shall not be treated
as paid in the taxable year in which such death occurs or in any
subsequent taxable year except on a separate return made for the
deceased spouse by a fiduciary for the taxable year which ends with the
date of death or on a joint return for the taxable year in which such
death occurs. The application of this subdivision may be illustrated by
the following example:
Example. Assume the same facts as in the example in subdivision (i)
of this subparagraph except that H dies in 1972 and W files a separate
return for 1973. W made a joint return for herself and H for 1972. In
the example, the unused excess charitable contribution as of January 1,
1973, was $10,000, $6,000 of which was allocable to H and $4,000 to W.
No portion of the $6,000 allocable to H may be treated as paid by W or
any other person in 1973 or any subsequent year.
(e) Information required in support of a deduction of an amount
carried over and treated as paid. If, in a taxable year, a deduction is claimed in respect of an excess charitable contribution
which, in accordance with the provisions of paragraph (b)(2) or (c)(2)
of this section, is treated (in whole or in part) as paid in such
taxable year, the taxpayer shall attach to his return a statement
showing:
(1) The contribution year (or years) in which the excess charitable
contributions were made,
(2) The excess charitable contributions made in each contribution
year, and the amount of such excess charitable contributions consisting
of 30-percent capital gain property,
(3) The portion of such excess, or of each such excess, treated as
paid in accordance with paragraph (b)(2) or (c)(2) of this section in
any taxable year intervening between the contribution year and the
taxable year for which the return is made, and the portion of such
excess which consists of 30-percent capital gain property.
(4) Whether or not an election under section 170(b)(1)(D)(iii) has
been made which affects any of such excess contributions of 30-percent
capital gain property, and
(5) Such other information as the return or the instructions
relating thereto may require.
(f) Effective date. This section applies only to contributions paid
in taxable years beginning after December 31, 1969. For purposes of
applying section 170(d)(1) with respect to contributions paid in a
taxable year beginning before January 1, 1970, subsection (b)(1)(D),
subsection (e), and paragraphs (1), (2), (3), and (4) of subsection (f)
of section 170 shall not apply. See section 201(g)(1)(D) of the Tax
Reform Act of 1969 (83 Stat. 564).
[Jan. 7, 1975]
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