The U.S. Department of the Treasury and the Internal Revenue Service (IRS) recently finalized the federal government's answer on the charitable contribution work-around certain states have attempted to implement to reduce the effect of the cap on state and local tax deductions for federal filing purposes. Citing Internal Revenue Code section 170, the IRS determined that contributions made by taxpayers to a fund or entity designed as an alternative to paying property taxes, for example, is not a charitable contribution, because the donation is not made with a charitable intent, and the taxpayer receives a privilege or benefit in exchange for the donation.
The Internal Revenue Service (IRS) announced this week that business payments to charities that result in state or local tax credits will be deductible expenses in most cases. This is unlike the manner in which the IRS has said it will treat payments that individuals make to charities (details here). For more information on SALT deductions available to businesses, click here.