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Real Estate
When appreciated real estate is
gifted, capital gains may be completely avoided
and the full fair market value of the property deductible as a charitable
contribution. The IRS currently allows you to deduct the full fair
market value of the property up to 30% of your adjusted gross income for the
year. Any amount over that ceiling can be carried forward for future
deductions, for up to five years, subject to the same percentage limitations.
You may have property that has appreciated in value, but you only want to give
part of that value to the church. You may wish to consider a "bargain" sale of the
property for less than its fair market value (usually your cost basis).
You thereby receive back your original investment, while getting a charitable
deduction for the donated difference. You should note, however, that
some of the cash recovered may be treated as capital gain.
A special provision of the tax law allows an immediate income tax charitable
deduction for a gift of a remainder interest in your home or farm. You
retain an absolute right to occupy the home or farm for your life (or you can
give family members this right). The property passes to the church only
after termination of the life estate. The immediate charitable deduction
allowable for this future gift is the present value of the ministry's right to
receive the property at some later date. The age of the life tenant is
the primary factor in determining the present value of the deferred interest
and the allowable charitable deduction.
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