Generally, you can deduct your contributions of money or property that you make to, or for the use of, a qualified organization. A gift or contribution is "for the use of" a qualified organization when it is held in a legally enforceable trust for the qualified organization or in a similar legal arrangement.
The contributions must be made to a qualified organization and not set aside for use by a specific person.
If you give property to a qualified organization, you generally can deduct the fair market value of the property at the time of the contribution. See Contributions of Property, later.
Your deduction for charitable contributions is generally limited to 50% of your adjusted gross income, but in some cases 20% and 30% limits may apply. In addition, the total of your charitable contributions deduction and certain other itemized deductions may be limited. See Limits on Deductions, later.
Table 1 in this publication lists some examples of contributions you can deduct and some that you cannot deduct.taxmap/pubs/p526-001.htm#en_us_publink100049608
If you receive a benefit as a result of making a contribution to a qualified organization, you can deduct only the amount of your contribution that is more than the value of the benefit you receive. Also see Contributions From Which You Benefit under Contributions You Cannot Deduct, later.
If you pay more than fair market value to a qualified organization for merchandise, goods, or services, the amount you pay that is more than the value of the item can be a charitable contribution. For the excess amount to qualify, you must pay it with the intent to make a charitable contribution. taxmap/pubs/p526-001.htm#en_us_publink100049609
You pay $65 for a ticket to a dinner-dance at a church. All the proceeds of the function go to the church. The ticket to the dinner-dance has a fair market value of $25. When you buy your ticket, you know that its value is less than your payment. To figure the amount of your charitable contribution, you subtract the value of the benefit you receive ($25) from your total payment ($65). You can deduct $40 as a charitable contribution to the church. taxmap/pubs/p526-001.htm#en_us_publink100049610
At a fund-raising auction conducted by a charity, you pay $600 for a week's stay at a beach house. The amount you pay is no more than the fair rental value. You have not made a deductible charitable contribution. taxmap/pubs/p526-001.htm#en_us_publink100049611
If you make a payment to, or for the benefit of, a college or university and, as a result, you receive the right to buy tickets to an athletic event in the athletic stadium of the college or university, you can deduct 80% of the payment as a charitable contribution.
If any part of your payment is for tickets (rather than the right to buy tickets), that part is not deductible. In that case, subtract the price of the tickets from your payment. 80% of the remaining amount is a charitable contribution. taxmap/pubs/p526-001.htm#en_us_publink100049612
You pay $300 a year for membership in an athletic scholarship program maintained by a university (a qualified organization). The only benefit of membership is that you have the right to buy one season ticket for a seat in a designated area of the stadium at the university's home football games. You can deduct $240 (80% of $300) as a charitable contribution.taxmap/pubs/p526-001.htm#en_us_publink100049613
The facts are the same as in Example 1 except that your $300 payment included the purchase of one season ticket for the stated ticket price of $120. You must subtract the usual price of a ticket ($120) from your $300 payment. The result is $180. Your deductible charitable contribution is $144 (80% of $180).taxmap/pubs/p526-001.htm#en_us_publink100049614
If you pay a qualified organization more than fair market value for the right to attend a charity ball, banquet, show, sporting event, or other benefit event, you can deduct only the amount that is more than the value of the privileges or other benefits you receive.
If there is an established charge for the event, that charge is the value of your benefit. If there is no established charge, your contribution is that part of your payment that is more than the reasonable value of the right to attend the event. Whether you use the tickets or other privileges has no effect on the amount you can deduct. However, if you return the ticket to the qualified organization for resale, you can deduct the entire amount you paid for the ticket.
Even if the ticket or other evidence of payment indicates that the payment is a "contribution," this does not mean you can deduct the entire amount. If the ticket shows the price of admission and the amount of the contribution, you can deduct the contribution amount.
You pay $40 to see a special showing of a movie for the benefit of a qualified organization. Printed on the ticket is "Contribution–$40." If the regular price for the movie is $8, your contribution is $32 ($40 payment − $8 regular price).taxmap/pubs/p526-001.htm#en_us_publink100049617
You may be able to deduct membership fees or dues you pay to a qualified organization. However, you can deduct only the amount that is more than the value of the benefits you receive. You cannot deduct dues, fees, or assessments paid to country clubs and other social organizations. They are not qualified organizations. taxmap/pubs/p526-001.htm#en_us_publink100049618
Both you and the organization can disregard certain membership benefits you get in return for an annual payment of $75 or less to the qualified organization. The benefits that can be disregarded are:
- Any rights or privileges, other than those discussed under Athletic events, earlier, that you can use frequently while you are a member, such as:
- Free or discounted admission to the organization's facilities or events,
- Free or discounted parking,
- Preferred access to goods or services, and
- Discounts on the purchase of goods and services.
- Admission, while you are a member, to events that are open only to members of the organization if the organization reasonably projects that the cost per person (excluding any allocated overhead) is not more than $9.10.
You can deduct your entire payment to a qualified organization as a charitable contribution if both of the following are true.
- You get a small item or other benefit of token value.
- The qualified organization correctly determines that the value of the item or benefit you received is not substantial and informs you that you can deduct your payment in full.
The organization determines whether the value of an item or benefit is substantial by using Revenue Procedures 90-12 and 92-49 and the inflation adjustment in Revenue Procedure 2007-66.
A qualified organization must give you a written statement if you make a payment to it that is more than $75 and is partly a contribution and partly for goods or services. The statement must tell you that you can deduct only the amount of your payment that is more than the value of the goods or services you received. It must also give you a good faith estimate of the value of those goods or services.
The organization can give you the statement either when it solicits or when it receives the payment from you. taxmap/pubs/p526-001.htm#en_us_publink100049621
An organization will not have to give you this statement if one of the following is true.
- The organization is:
- The type of organization described in (5) under Types of Qualified Organizations, earlier, or
- Formed only for religious purposes, and the only benefit you receive is an intangible religious benefit (such as admission to a religious ceremony) that generally is not sold in commercial transactions outside the donative context.
- You receive only items whose value is not substantial as described under Token items, earlier.
- You receive only membership benefits that can be disregarded, as described earlier.
You may be able to deduct some expenses of having a student live with you. You can deduct qualifying expenses for a foreign or American student who:
- Lives in your home under a written agreement between you and a qualified organization (defined later) as part of a program of the organization to provide educational opportunities for the student,
- Is not your relative (defined later) or dependent, and
- Is a full-time student in the twelfth or any lower grade at a school in the United States.
You can deduct up to $50 a month for each full calendar month the student lives with you. Any month when conditions (1) through (3) above are met for 15 or more days counts as a full month.
For these purposes, a qualified organization can be any of the organizations described earlier under Organizations That Qualify To Receive Deductible Contributions, except those in (4) and (5). For example, if you are providing a home for a student through a state or local government agency, you cannot deduct your expenses as charitable contributions. taxmap/pubs/p526-001.htm#en_us_publink100049625
The term "relative" means any of the following persons.
- Your child, stepchild, foster child, or a descendant of any of them (for example, your grandchild). A legally adopted child is considered your child.
- Your brother, sister, half brother, half sister, stepbrother, or stepsister.
- Your father, mother, grandparent, or other direct ancestor.
- Your stepfather or stepmother.
- A son or daughter of your brother or sister.
- A brother or sister of your father or mother.
- Your son-in-law, daughter-in-law, father-in-law, mother-in-law, brother-in-law, or sister-in-law.
Expenses that you may be able to deduct include the cost of books, tuition, food, clothing, transportation, medical and dental care, entertainment, and other amounts you actually spend for the well-being of the student. taxmap/pubs/p526-001.htm#en_us_publink100049627
Depreciation on your home, the fair market value of lodging, and similar items are not considered amounts spent by you. In addition, general household expenses, such as taxes, insurance, repairs, etc., do not qualify for the deduction. taxmap/pubs/p526-001.htm#en_us_publink100049628
If you are compensated or reimbursed for any part of the costs of having a student living with you, you cannot deduct any of your costs. However, if you are reimbursed for only an extraordinary or a one-time item, such as a hospital bill or vacation trip, that you paid in advance at the request of the student's parents or the sponsoring organization, you can deduct your expenses for the student for which you were not reimbursed. taxmap/pubs/p526-001.htm#en_us_publink100049629
You cannot deduct the costs of a foreign student living in your home under a mutual exchange program through which your child will live with a family in a foreign country. taxmap/pubs/p526-001.htm#en_us_publink100049630
For a list of what you must file with your return if you deduct expenses for a student living with you, see Reporting expenses for student living with you under How To Report, later.taxmap/pubs/p526-001.htm#en_us_publink100049631
Although you cannot deduct the value of your services given to a qualified organization, you may be able to deduct some amounts you pay in giving services to a qualified organization. The amounts must be:
- Directly connected with the services,
- Expenses you had only because of the services you gave, and
- Not personal, living, or family expenses.
Table 2 contains questions and answers that apply to some individuals who volunteer their services. taxmap/pubs/p526-001.htm#en_us_publink100049632
You can deduct reasonable unreimbursed out-of-pocket expenses you pay to allow underprivileged youths to attend athletic events, movies, or dinners. The youths must be selected by a charitable organization whose goal is to reduce juvenile delinquency. Your own similar expenses in accompanying the youths are not deductible. taxmap/pubs/p526-001.htm#en_us_publink100049633
If you are a chosen representative attending a convention of a qualified organization, you can deduct unreimbursed expenses for travel and transportation, including a reasonable amount for meals and lodging, while away from home overnight in connection with the convention. However, see Travel, later.
You cannot deduct personal expenses for sightseeing, fishing parties, theater tickets, or nightclubs. You also cannot deduct travel, meals and lodging, and other expenses for your spouse or children.
You cannot deduct your expenses in attending a church convention if you go only as a member of your church rather than as a chosen representative. You can deduct unreimbursed expenses that are directly connected with giving services for your church during the convention. taxmap/pubs/p526-001.htm#en_us_publink100049634
You can deduct the cost and upkeep of uniforms that are not suitable for everyday use and that you must wear while performing donated services for a charitable organization. taxmap/pubs/p526-001.htm#en_us_publink100049635
You may be able to deduct as a charitable contribution some of the costs of being a foster parent (foster care provider) if you have no profit motive in providing the foster care and are not, in fact, making a profit. A qualified organization must designate the individuals you take into your home for foster care.
You can deduct expenses that meet both of the following requirements.
- They are unreimbursed out-of-pocket expenses to feed, clothe, and care for the foster child.
- They must be mainly to benefit the qualified organization.
Unreimbursed expenses that you cannot deduct as charitable contributions may be considered support provided by you in determining whether you can claim the foster child as a dependent. For details, see Publication 501, Exemptions, Standard Deduction, and Filing Information.taxmap/pubs/p526-001.htm#en_us_publink100049636
You cared for a foster child because you wanted to adopt her, not to benefit the agency that placed her in your home. Your unreimbursed expenses are not deductible as charitable contributions.taxmap/pubs/p526-001.htm#en_us_publink100049637
You can deduct as a charitable contribution any unreimbursed expenses you have while in a permanent diaconate program established by your church. These expenses include the cost of vestments, books, and transportation required in order to serve in the program as either a deacon candidate or an ordained deacon. taxmap/pubs/p526-001.htm#en_us_publink100049638
You can deduct unreimbursed out-of-pocket expenses, such as the cost of gas and oil, that are directly related to the use of your car in giving services to a charitable organization. You cannot deduct general repair and maintenance expenses, depreciation, registration fees, or the costs of tires or insurance.
If you do not want to deduct your actual expenses, you can use a standard mileage rate of 14 cents a mile to figure your contribution.
You can deduct parking fees and tolls, whether you use your actual expenses or the standard mileage rate.
You must keep reliable written records of your car expenses. For more information, see Car expenses under Records To Keep, later. taxmap/pubs/p526-001.htm#en_us_publink1000121034
If you used your car in giving services to a qualified organization to provide relief related to the storms, tornadoes, or flooding in certain Midwestern disaster areas, the standard mileage rate is:
- 36 cents a mile for the period beginning on the applicable disaster date and ending on June 30, 2008, and
- 41 cents a mile for the period July 1 through December 31, 2008.
To determine the applicable disaster date and the Midwestern disaster areas where this higher rate applies, see Publication 4492-B.
You can exclude from income amounts you received as mileage reimbursements from a qualified organization for the costs of using your car to provide relief related to the storms, tornadoes, or flooding in certain Midwestern disaster areas during the period beginning on the applicable disaster date and ending on December 31, 2008. This applies to volunteer services only. If you were compensated for the performance of services, this does not apply to you. You cannot claim a deduction or credit for amounts you exclude. You must keep records of miles driven, time, place (or use), and purpose of the mileage. The amount you can exclude from income cannot be more than:
- 50.5 cents a mile for the period beginning on the applicable disaster date and ending on June 30, 2008, or
- 58.5 cents a mile for the period July 1 through December 31, 2008.
To determine the applicable disaster date and the Midwestern disaster areas where this applies, see Publication 4492-B.
Generally, you can claim a charitable contribution deduction for travel expenses necessarily incurred while you are away from home performing services for a charitable organization only if there is no significant element of personal pleasure, recreation, or vacation in the travel. This applies whether you pay the expenses directly or indirectly. You are paying the expenses indirectly if you make a payment to the charitable organization and the organization pays for your travel expenses.
The deduction for travel expenses will not be denied simply because you enjoy providing services to the charitable organization. Even if you enjoy the trip, you can take a charitable contribution deduction for your travel expenses if you are on duty in a genuine and substantial sense throughout the trip. However, if you have only nominal duties, or if for significant parts of the trip you do not have any duties, you cannot deduct your travel expenses. taxmap/pubs/p526-001.htm#en_us_publink100049640
You are a troop leader for a tax-exempt youth group and you help take the group on a camping trip. You are responsible for overseeing the setup of the camp and for providing adult supervision for other activities during the entire trip. You participate in the activities of the group and really enjoy your time with them. You oversee the breaking of camp and you help transport the group home. You can deduct your travel expenses. taxmap/pubs/p526-001.htm#en_us_publink100049641
You sail from one island to another and spend 8 hours a day counting whales and other forms of marine life. The project is sponsored by a charitable organization. In most circumstances, you cannot deduct your expenses. taxmap/pubs/p526-001.htm#en_us_publink100049642
You work for several hours each morning on an archeological dig sponsored by a charitable organization. The rest of the day is free for recreation and sightseeing. You cannot take a charitable contribution deduction even though you work very hard during those few hours. taxmap/pubs/p526-001.htm#en_us_publink100049643
You spend the entire day attending a charitable organization's regional meeting as a chosen representative. In the evening you go to the theater. You can claim your travel expenses as charitable contributions, but you cannot claim the cost of your evening at the theater. taxmap/pubs/p526-001.htm#en_us_publink100049644
If you provide services for a charitable organization and receive a daily allowance to cover reasonable travel expenses, including meals and lodging while away from home overnight, you must include in income the amount of the allowance that is more than your deductible travel expenses. You can deduct your necessary travel expenses that are more than the allowance.
Table 2. Volunteers' Questions and Answers
If you do volunteer work for a qualified organization, the following questions and answers may apply to you. All of the rules explained in this publication also apply. See, in particular, Out-of-Pocket Expenses in Giving Services.
|I do volunteer work 6 hours a week in the office of a qualified organization. The receptionist is paid $6 an hour to do the same work I do. Can I deduct $36 a week for my time? || No, you cannot deduct the value of your time or services.|
The office is 30 miles from my home. Can I deduct any of my car expenses for these trips?
| Yes, you can deduct the costs of gas and oil that are directly related to|
getting to and from the place where you are a volunteer. If you do not
want to figure your actual costs, you can deduct 14 cents for each
|I volunteer as a Red Cross nurse's aide at a hospital. Can I deduct the cost of uniforms that I must wear?|| Yes, you can deduct the cost of buying and cleaning your uniforms if|
the hospital is a qualified organization, the uniforms are not suitable for
everyday use, and you must wear them when volunteering.
|I pay a babysitter to watch my children while I do volunteer work for a qualified organization. Can I deduct these costs?|| No, you cannot deduct payments for child care expenses as a|
charitable contribution, even if they are necessary so you can do
volunteer work for a qualified organization. (If you have child care
expenses so you can work for pay, get Publication 503, Child and
Dependent Care Expenses.)
- Air, rail, and bus transportation,
- Out-of-pocket expenses for your car,
- Taxi fares or other costs of transportation between the airport or station and your hotel,
- Lodging costs, and
- The cost of meals.
Because these travel expenses are not business-related, they are not subject to the same limits as business related expenses. For information on business travel expenses, see Travel
in Publication 463, Travel, Entertainment, Gift, and Car Expenses.
You may be able to deduct as a charitable contribution the reasonable and necessary whaling expenses paid during the year in carrying out sanctioned whaling activities. The deduction is limited to $10,000 a year. To claim the deduction, you must be recognized by the Alaska Eskimo Whaling Commission as a whaling captain charged with the responsibility of maintaining and carrying out sanctioned whaling activities.
Sanctioned whaling activities are subsistence bowhead whale hunting activities conducted under the management plan of the Alaska Eskimo Whaling Commission.
Whaling expenses include expenses for:
- Acquiring and maintaining whaling boats, weapons, and gear used in sanctioned whaling activities,
- Supplying food for the crew and other provisions for carrying out these activities, and
- Storing and distributing the catch from these activities.
You must keep records showing the time, place, date, amount, and nature of the expenses. For details, see Revenue Procedure 2006-50, 2006-47 I.R.B. 944, which is available at http://www.irs.gov/irb/2006-47_IRB/ar12.html