Nonprofit not llisted in publication 78

- V
- Vikeman
  
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posted
17 years ago

Thu, Jun 29, 2006 4:35 AM

I am treasurer for a volunteer fire board who is a 501c(4). While I realize not all contributions to 501c(4)'s are tax deductible by the donees, it is my understanding that contributions to volunteer fire departments such as ours ARE tax deductible based on some research done by our accountant. My question is how do we get listed in IRS publication 78? It appears that only 501c(3) organizations are listed there currently. Must we change our filing status to 501c(3) to be listed, or is there another procedure?

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- C
- cballard
  
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posted
17 years ago

Fri, Jun 30, 2006 10:27 PM

Only public charities that are exempt from tax under

501(c)(3) are eligible to be listed in Pub 78. I'm curious about the authority your accountant found that would allow a charitable deduction for a donation to a 501(c)(4) organization. Under Code section 170(c), charitable deductions are normally only allowed for the following:

Gifts to units of government for public purposes
Gifts to 501(c)(3) organizations
Gifts to veterans' posts
Gifts to fraternal lodges for charitable purpose
Gifts to nonprofit cemetery companies

The volunteer fire board wouldn't seem to fit into any of these. Under Code section 6113(a), a solicitation for contributions from a 501(c)(4) organization generally must contain an express statement that contributions or gifts to the organization are not deductible as charitable contributions for Federal income tax purposes.

--Chris

- A
- A.G. Kalman
  
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posted
17 years ago

Sat, Jul 1, 2006 8:37 PM

I am not aware of anything in the IRC that requires only donations to Sec. 501(c)(3) organizations to be deductible. Charitable contribution deductions are defined in IRC Sec.

170(c) not 501(c). A contribution to a Sec. 501(c)(4) organization qualifies as being deductible as long as the organization meets the definition and use of funds in accordance with Sec. 170(c).