Extenders of Interest to Nonprofits: Better Late Than Never
By R. Michael Sorrells, CPA
The fate of various extenders (provisions in the tax law which have never been made permanent) was finally decided by Congress when the 2010 Tax Relief Act was signed by the President on December 6, 2010. The following are those most likely to have an impact on nonprofit organizations:
Unrelated Business Income Tax
Exclusion from Unrelated Business Income of certain payments by controlled entities to their nonprofit parents was extended so that payments of rent, interest and royalties for passive activities are only taxable to the extent that they are in excess of fair market value. This is a very narrow exclusion as it only applies to payments under contracts in effect on August 17, 2006, when this temporary provision was included in the Pension Protection Act of 2006.
Charitable Giving Provisions
- Tax-free charitable distributions from IRAs for individuals 70 and a half years or older. This provision means that individuals do not have to take an IRA distribution into income if the money goes to a charity.
- Increased contribution limits and carryforward period for charitable donations of appreciated real estate for conservation purposes.
- Enhanced contribution deductions allowed for:
- Business contributions of food inventory
- Contributions by corporations of books to public schools
- Corporate contributions of computers for educational purposes
Higher Education Related Provisions
These provisions help individuals finance higher education:
- “Above the line” qualified tuition deduction for students
- American Opportunity Tax Credit for higher education (through 2012)
- Student loan deduction provisions (through 2012).
- Educational Assistance Exclusion – Allows employees to exclude up to $5,250 in employer-provided education paid on behalf of an employee (through 2012).
All provisions, except as noted, are one year extensions through December 31, 2011. Next year, we will have to see, once again, if they will continue to be extended. The Tax Relief Act contains many more extenders applicable to corporations and individuals but with limited utility for nonprofits. Contact your tax advisor for more information.