Читать книгу The Tax Law of Charitable Giving - Bruce Hopkins R., Bruce R. Hopkins, David Middlebrook - Страница 97

The foregoing rules apply with respect to gifts by both individual and corporate donors. Thus, the general rule that a federal income tax charitable contribution deduction arises at the time the contribution is made and for the year in which it is made is equally applicable to individual and corporate donors.

A C corporation⁷¹ that reports its taxable income using the accrual method of accounting may, however, at its election, deduct charitable contributions paid within two and one-half months after the close of its tax year, as long as: (1) the board of directors of the corporation authorized the making of a charitable contribution during the tax year, and (2) the charitable contribution is made after the close of the tax year of the corporation and within the two-and-one-half-month period.⁷²

This election must be made at the time the return for the tax year is filed, by reporting the contribution on the return. There must be, attached to the return, a written declaration that the resolution authorizing the contribution was adopted by the board of directors during the tax year involved, and the declaration must be verified by a statement signed by an officer authorized to sign the return that it is made under penalties of perjury. A copy of the resolution of the board of directors authorizing the contribution must also be attached to the return.⁷³

To satisfy this rule, contributions of property need not be segregated by year and there is no requirement that the donees be identified at the time the resolution is adopted.⁷⁴