Amended 1970
- 1970 Pub. L. 91-614 Pub. L. 91–614 substituted “quarter” for “year” in three places.
Cases: McCord v. Commissioner, 120 T.C. 358 (2003); Davis v. Commissioner, 55 T.C. 416 (1970)
Forms: Form 1041
Final rules 7
(a) Citizens or residents In computing taxable gifts for the calendar year, there shall be allowed as a deduction in the case of a citizen or resident the amount of all gifts made during such year to or for the use of—
Amended 1981, 1982
- 1982 Pub. L. 97-248 Pub. L. 97–248 inserted provision that rules similar to rules of section 501(j) apply for purposes of par. (2).
- 1981 Pub. L. 97-34 Pub. L. 97–34, § 442(c), substituted “year” for “quarter” in two places in provision preceding par. (1).
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(1) the United States, any State, or any political subdivision thereof, or the District of Columbia, for exclusively public purposes;
Amended 1976
- 1976 Pub. L. 94-455 Pub. L. 94–455, § 1902(a)(12)(D), struck out “Territory” after “any State”.
(2) a corporation, or trust, or community chest, fund, or foundation, organized and operated exclusively for religious, charitable, scientific, literary, or educational purposes, or to foster national or international amateur sports competition (but only if no part of its activities involve the provision of athletic facilities or equipment), including the encouragement of art and the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private shareholder or individual, which is not disqualified for tax exemption under section 501(c)(3) by reason of attempting to influence legislation, and which does not participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of (or in opposition to) any candidate for public office;
Amended 1969, 1976, 1987
- 1987 Pub. L. 100-203 Pub. L. 100–203 inserted “(or in opposition to)” after “on behalf of”.
- 1976 Pub. L. 94-455 Pub. L. 94–455, §§ 1307(d)(1)(B)(iv), 1313(b)(3), substituted “which is not disqualified for tax exemption under section 501(c)(3) by reason of attempting to influence legislation” for “no substantial part of the activities of which is carrying on propaganda, or otherwise attempting, to influence legislation” after “shareholder or individual” and inserted “or to foster national or international amateur sports competition (but only if no part of its activities involve the provision of athletic facilities or equipment)” after “or educational purposes”.
- 1969 Pub. L. 91-172 Pub. L. 91–172, § 201(d)(4)(C), (D), inserted non-participation and non-intervention in political campaigns as an additional qualification.
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(3) a fraternal society, order, or association, operating under the lodge system, but only if such gifts are to be used exclusively for religious, charitable, scientific, literary, or educational purposes, including the encouragement of art and the prevention of cruelty to children or animals;
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(4) posts or organizations of war veterans, or auxiliary units or societies of any such posts or organizations, if such posts, organizations, units, or societies are organized in the United States or any of its possessions, and if no part of their net earnings insures to the benefit of any private shareholder or individual.
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Rules similar to the rules of section 501(j) shall apply for purposes of paragraph (2).
(b) Nonresidents In the case of a nonresident not a citizen of the United States, there shall be allowed as a deduction the amount of all gifts made during such year to or for the use of—
Amended 1981
- 1981 Pub. L. 97-34 Pub. L. 97–34, § 442(c), substituted “year” for “quarter” in provision preceding par. (1).
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(1) the United States, any State, or any political subdivision thereof, or the District of Columbia, for exclusively public purposes;
Amended 1976
- 1976 Pub. L. 94-455 Pub. L. 94–455, § 1902(a)(12)(D), struck out “Territory” after “any State”.
(2) a domestic corporation organized and operated exclusively for religious, charitable, scientific, literary, or educational purposes, including the encouragement of art and the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private shareholder or individual, which is not disqualified for tax exemption under section 501(c)(3) by reason of attempting to influence legislation, and which does not participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of (or in opposition to) any candidate for public office;
Amended 1969, 1976, 1987
- 1987 Pub. L. 100-203 Pub. L. 100–203 inserted “(or in opposition to)” after “on behalf of”.
- 1976 Pub. L. 94-455 Pub. L. 94–455, § 1307(d)(1)(B)(v), substituted “which is not disqualified for tax exemption under section 501(c)(3) by reason of attempting to influence legislation” for “no substantial part of the activities of which is carrying on propaganda, or otherwise attempting, to influence legislation” after “shareholder or individual”.
- 1969 Pub. L. 91-172 Pub. L. 91–172, § 201(d)(4)(C), (D), inserted non-participation and non-intervention in political campaigns as an additional qualification.
(3) a trust, or community chest, fund, or foundation, organized and operated exclusively for religious, charitable, scientific, literary, or educational purposes, including the encouragement of art and the prevention of cruelty to children or animals, no substantial part of the activities of which is carrying on propaganda, or otherwise attempting, to influence legislation, and which does not participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of (or in opposition to) any candidate for public office; but only if such gifts are to be used within the United States exclusively for such purposes;
Amended 1969, 1987
- 1987 Pub. L. 100-203 Pub. L. 100–203 inserted “(or in opposition to)” after “on behalf of”.
- 1969 Pub. L. 91-172 Pub. L. 91–172, § 201(d)(4)(C), (D), inserted non-participation and non-intervention in political campaigns as an additional qualification.
(4) a fraternal society, order, or association, operating under the lodge system, but only if such gifts are to be used within the United States exclusively for religious, charitable, scientific, literary, or educational purposes, including the encouragement of art and the prevention of cruelty to children or animals;
(5) posts or organizations of war veterans, or auxiliary units or societies of any such posts or organizations, if such posts, organizations, units, or societies are organized in the United States or any of its possessions, and if no part of their net earnings inures to the benefit of any private shareholder or individual.
(c) Disallowance of deductions in certain cases
Amended 1958, 1969
- 1969 Pub. L. 91-172 Pub. L. 91–172, § 201(d)(3), substituted substantive provisions for simple reference to sections 503 and 681 in which such substantive provisions were formerly set out.
- 1958 Pub. L. 85-866 Pub. L. 85–866 substituted “503” for “504”.
(1) No deduction shall be allowed under this section for a gift to or for the use of an organization or trust described in section 508(d) or 4948(c)(4) subject to the conditions specified in such sections.
Amended 2018
- 2018 Pub. L. 115-141 Pub. L. 115–141 substituted “gift to or for” for “gift to of for”.
(2) Where a donor transfers an interest in property (other than an interest described in section 170(f)(3)(B)) to a person, or for a use, described in subsection (a) or (b) and an interest in the same property is retained by the donor, or is transferred or has been transferred (for less than an adequate and full consideration in money or money’s worth) from the donor to a person, or for a use, not described in subsection (a) or (b), no deduction shall be allowed under this section for the interest which is, or has been transferred to the person, or for the use, described in subsection (a) or (b), unless—
Amended 1976
- 1976 Pub. L. 94-455 Pub. L. 94–455, § 2124(e)(3), substituted “(other than an interest described in section 170(f)(3)(B))” for “(other than a remainder interest in a personal residence or farm or an undivided portion of the donor’s entire interest in property)” after “an interest in property”.
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(A) in the case of a remainder interest, such interest is in a trust which is a charitable remainder annuity trust or a charitable remainder unitrust (described in section 664) or a pooled income fund (described in section 642(c)(5)), or
(B) in the case of any other interest, such interest is in the form of a guaranteed annuity or is a fixed percentage distributed yearly of the fair market value of the property (to be determined yearly).
Cases: Crown Income Charitable Fund v. Commissioner, 98 T.C. 327 (1992)
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(3) Rules similar to the rules of section 2055(e)(4) shall apply for purposes of paragraph (2).
Amended 1981
- 1981 Pub. L. 97-34 Pub. L. 97–34, § 423(b), added par. (3).
(4) Reformations to comply with paragraph (2)
Amended 1984
- 1984 Pub. L. 98-369 Pub. L. 98–369, § 1022(c), added par. (4).
(A) In general A deduction shall be allowed under subsection (a) in respect of any qualified reformation (within the meaning of section 2055(e)(3)(B)).
(B) Rules similar to section 2055(e)(3) to apply For purposes of this paragraph, rules similar to the rules of section 2055(e)(3) shall apply.
(5) Contributions to donor advised funds A deduction otherwise allowed under subsection (a) for any contribution to a donor advised fund (as defined in section 4966(d)(2)) shall only be allowed if—
Amended 2006
- 2006 Pub. L. 109-280 Pub. L. 109–280, § 1234(c), added par. (5). See Codification note above.
(A) the sponsoring organization (as defined in section 4966(d)(1)) with respect to such donor advised fund is not—
(i) described in paragraph (3) or (4) of subsection (a), or
(ii) a type III supporting organization (as defined in section 4943(f)(5)(A)) which is not a functionally integrated type III supporting organization (as defined in section 4943(f)(5)(B)), and
(B) the taxpayer obtains a contemporaneous written acknowledgment (determined under rules similar to the rules of section 170(f)(8)(C)) from the sponsoring organization (as so defined) of such donor advised fund that such organization has exclusive legal control over the assets contributed.
(d) Special rule for irrevocable transfers of easements in real property A deduction shall be allowed under subsection (a) in respect of any transfer of a qualified real property interest (as defined in section 170(h)(2)(C)) which meets the requirements of section 170(h) (without regard to paragraph (4)(A) thereof).
Amended 1976, 1983, 1984, 1986
- 1986 Pub. L. 99-514 Pub. L. 99–514 added subsec. (d) and redesignated former subsec. (d) as (e).
- 1984 Pub. L. 98-369 Pub. L. 98–369, § 1032(b)(3), added par. (1) and redesignated former pars. (1) and (2) as (2) and (3), respectively.
- 1983 Pub. L. 97-473 Pub. L. 97–473 designated existing provisions as par. (1), substituted “bequests” for “gifts” second time appearing in par. (1) as so designated, and added par. (2).
- 1976 Pub. L. 94-455 Pub. L. 94–455, § 1902(a)(11), substituted subsec. (d) for former subsec. (d), pars. (1) through (10), which dealt with cross references to specific exemptions and rules of construction for gifts to the United States and its instrumentalities.
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(e) Special rules for fractional gifts
Amended 1986, 2006, 2007
- 2007 Pub. L. 110-172 Pub. L. 110–172, § 3(d)(2)(B), redesignated par. (3) as (2).
- 2007 Pub. L. 110-172 Pub. L. 110–172, § 3(d)(2)(A), struck out heading and text of par. (4). Text read as follows: “For purposes of this subsection—
“(A) Additional contribution.—The term ‘additional contribution’ means any gift for which a deduction is allowed under subsection (a) or (b) of any interest in a property with respect to which the donor has previously made an initial fractional contribution.
“(B) Initial fractional contribution.—The term ‘initial fractional contribution’ means, with respect to any donor, the first gift of an undivided portion of the donor’s entire interest in any tangible personal property for which a deduction is allowed under subsection (a) or (b).”
- 2006 Pub. L. 109-280 Pub. L. 109–280, § 1218(c), added subsec. (e) and redesignated former subsec. (e) as (f). See Codification note above.
- 1986 Pub. L. 99-514 Pub. L. 99–514 added subsec. (d) and redesignated former subsec. (d) as (e).
(1) Denial of deduction in certain cases
(A) In general No deduction shall be allowed for a contribution of an undivided portion of a taxpayer’s entire interest in tangible personal property unless all interests in the property are held immediately before such contribution by—
Amended 2007
- 2007 Pub. L. 110-172 Pub. L. 110–172, § 11(a)(16)(A), in introductory provisions, substituted “all interests in the property are” for “all interest in the property is”.
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(i) the taxpayer, or
(ii) the taxpayer and the donee.
(B) Exceptions The Secretary may, by regulation, provide for exceptions to subparagraph (A) in cases where all persons who hold an interest in the property make proportional contributions of an undivided portion of the entire interest held by such persons.
(2) Recapture of deduction in certain cases; addition to tax
Amended 2007
- 2007 Pub. L. 110-172 Pub. L. 110–172, § 3(d)(2)(A), (B), redesignated par. (3) as (2) and struck out heading and text of former par. (2). Text read as follows: “In the case of any additional contribution, the fair market value of such contribution shall be determined by using the lesser of—
“(A) the fair market value of the property at the time of the initial fractional contribution, or
“(B) the fair market value of the property at the time of the additional contribution.”
(A) In general The Secretary shall provide for the recapture of an amount equal to any deduction allowed under this section (plus interest) with respect to any contribution of an undivided portion of a taxpayer’s entire interest in tangible personal property—
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(i) in any case in which the donor does not contribute all of the remaining interests in such property to the donee (or, if such donee is no longer in existence, to any person described in section 170(c)) on or before the earlier of—
Amended 2007
- 2007 Pub. L. 110-172 Pub. L. 110–172, § 11(a)(16)(B), substituted “interests” for “interest” and “on or before” for “before”.
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(I) the date that is 10 years after the date of the initial fractional contribution, or
(II) the date of the death of the donor, and
(ii) in any case in which the donee has not, during the period beginning on the date of the initial fractional contribution and ending on the date described in clause (i)—
(I) had substantial physical possession of the property, and
(II) used the property in a use which is related to a purpose or function constituting the basis for the organizations’ exemption under section 501.
(B) Addition to tax The tax imposed under this chapter for any taxable year for which there is a recapture under subparagraph (A) shall be increased by 10 percent of the amount so recaptured.
(C) Initial fractional contribution For purposes of this paragraph, the term “initial fractional contribution” means, with respect to any donor, the first gift of an undivided portion of the donor’s entire interest in any tangible personal property for which a deduction is allowed under subsection (a) or (b).
Amended 2007
- 2007 Pub. L. 110-172 Pub. L. 110–172, § 3(d)(2)(C), added subpar. (C).
(f) Cross references
Amended 2006
- 2006 Pub. L. 109-280 Pub. L. 109–280, § 1218(c), added subsec. (e) and redesignated former subsec. (e) as (f). See Codification note above.
(1) For treatment of certain organizations providing child care, see section 501(k).
(2) For exemption of certain gifts to or for the benefit of the United States and for rules of construction with respect to certain bequests, see section 2055(f).
(3) For treatment of gifts to or for the use of Indian tribal governments (or their subdivisions), see section 7871.