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Charitable Limitations For Businesses

1120 Corporations

Generally, the total amount claimed cannot be more than 10% of taxable income (line 30) computed without regard to the following.

• Any deduction for contributions.

• The special deductions on line 29b.

• The limitation under IRC Sec 249 on the deduction for bond premium.

• Any net operating loss (NOL) carryback to the tax year under IRC Sec 172.

• Any capital loss carryback to the tax year under IRC Sec 1212(a)(1).

• Deduction for income attributable to domestic production activities of specified agricultural or horticultural cooperatives.

Note: For 2020 and 2021 (because of COVID) the limitation was increased to 25% for cash contributions.

Charitable contributions over the 10% (or 25%) limitation can be carried over to the next 5 tax years. There are other special rules; see the 1120 instructions.

Pass-Through Entities (1065 & 1120-S)

Because these entities are passthrough, any contributions made at the entity level are passed through to the partner or shareholder and are subject to limitations at the individual level.

  • 1065 K-1 - Each partner's distributive share of charitable contributions in box 13 (2022) of Schedule K-1 using codes A through F for each of the contribution categories.
  • 1120-S K-1 - Each shareholder's pro rata share of charitable contributions in box 12 (2022) of Schedule K-1 using codes A through G for each of the contribution categories.

Schedule C

If a Schedule C business pays an amount to a qualified non-profit organization for the purpose of business promotion or advertising, it can generally be deducted as a business expense. This is because the payment is made with reasonable expectation of a financial return, such as increased business visibility or customer goodwill. On the other hand, if payment is made without a direct relation to the taxpayer’s business or without an expectation of financial return, it would be considered a charitable contribution by the individual, and not the business, and deducted on Schedule A (not Schedule C).

Insubstantial Benefit Charitable Contribution Limitation

Certain de minimis benefits provided by a charity to a donor do not affect the donor's charitable contribution deductions. Under these rules, charitable contributions will be fully deductible in 2025 if:

  • The donor makes a minimum payment of $68.00 ($66.00 for 2024) and receives certain benefits with a cost of not more than $13.60 ($13.20 for 2024) or
  • The charity mails or otherwise distributes free unordered "low-cost articles" with a cost of not more than $13.60 ($13.20 for 2024).

In addition, charitable contributions will be fully deductible if the benefit received by the donor isn't more than the lesser of $136 ($132 for 2024) or 2% of the amount of the contribution.

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