The Tax Law of Charitable Giving, 5th Edition

Chapter SixTiming of Charitable Deductions

1. § 6.1 Gifts of Money in General
2. § 6.2 Gifts of Money by Check
3. § 6.3 Gifts of Money by Credit Card
4. § 6.4 Gifts of Money by Telephone
5. § 6.5 Gifts of Securities
6. § 6.6 Gifts of Copyright Interest
7. § 6.7 Gifts by Means of Notes
8. § 6.8 Gifts by Letters of Credit
9. § 6.9 Gifts of Property Subject to Option
10. § 6.10 Gifts of Stock Options
11. § 6.11 Gifts of Credit Card Rebates
12. § 6.12 Gifts of Tangible Personal Property
13. § 6.13 Gifts of Real Property
14. § 6.14 Gifts by C Corporations
15. § 6.15 Gifts by S Corporations
16. § 6.16 Gifts by Partnerships
17. § 6.17 Gifts by Means of Internet

The general rule is that a federal income tax charitable contribution deduction arises at the time of, and for the year in which, the deduction is actually paid.¹ A significant exception to this rule is the body of law concerning the tax deductibility of contributions carried over to a year subsequent to the one in which the gift was made; in this situation, the contribution is actually paid in one year, but the allowable charitable deduction arises in, and is treated for tax purposes as paid in, another year.² The mere making of a pledge will not result in an income tax charitable deduction.³ Of course, a mere intent to make a charitable gift does not generate a contribution deduction.⁴

The matter of the timing of a federal income tax charitable contribution deduction concerns the tax year for which the gift is deductible. To determine this year, the federal tax law follows the concept ...