Who gets the tax deduction?

My Christmas gift from Tim was a card: "This Christmas, a $300 donation has been made in your name to the Children's Alliance". Assuming the charity is recognized, who gets the tax deduction, Tim or me?

Reply to
NadCixelsyd
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Tim sent the money so Tim gets the deduction.

Reply to
Rich Carreiro

Seems pretty obvious to me. Whose bank account did the $300 come from? Do you remember making a donation?

Reply to
Barry Margolin

Nobody, because to date, there's no acknowledgement letter from the charity to any possible donor and as the amount is over $250, one is required.

Reply to
D. Stussy

Tim sent the money, yes. But it seems to me as if it's the same as Tim giving OP the money and OP making the donation. If it's in OP's name, that's the way the charity should view it, and give the recognition letter as appropriate in that case. ___ Stu

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Reply to
Stuart Bronstein

No, OP does not get the deduction. It's not the same as Tim giving OP the money and OP making the donation because OP never had the money and never made the decision to donate the money.

Ira Smilovitz Leonia, NJ

Reply to
ira smilovitz

Don't fall into that an analogy proves something trap. It is true that payment by one person of some obligations of another is treated as payment by that other person. However, there is nothing in the tax law to suggest that anyone besides Tim gets the charitable contribution deduction. I have little doubt that the charity will send the receipt to Tim. The charity might send an acknowledgement to the honoree without specifying the dollar amount.

Reply to
Bill Brown

No, it isn't. OP never had the choice or the money.

Suppose "Tim" is Bill Gates, and the donation made in OP's name is $1 million. Would gift tax be owed? Why? Bill just wrote a check to a charity, which creates a deduction, not a tax liability.

Seth

Reply to
Seth

Even if the OP did get the deduction, he probably wouldn't be able to deduct the whole $1 million. The most you can ever deduct is 50% of your AGI.

Reply to
Barry Margolin

Seth was talking about Bill Gates, not the OP. If Gates doesn't have AGI in excess of $2,000,000 every year, then I am really disappointed in him. :),

Reply to
Bill Brown

The point was, rather, that if the honoree got the deduction, it might not be immediately usable due to insufficient AGI.

Seth

Reply to
Seth

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