Final Regulations Address Treatment of Charitable Contributions That Reduce State or Local Taxes: IRS Issues Final Regulations on Charitable Contributions that Reduce State and Local Taxes

Sullivan & Cromwell LLP - June 12, 2019
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On June 11, 2019, the Department of the Treasury and the Internal Revenue Service released final regulations (the “Final Regulations”) and Notice 2019-12 addressing the availability of federal charitable contribution deductions when a taxpayer receives a corresponding state or local tax (“SALT”) benefit. The Final Regulations substantially conform to the proposed regulations that were issued in August 2018 that would effectively have disallowed federal charitable contribution deductions for any donations that result in the taxpayer receiving SALT credits above a de minimis threshold. Notice 2019-12 provides a safe harbor for an individual that has a total SALT liability that is less than the federal limitation on SALT deductions and makes a payment to a charitable entity in return for receiving SALT credits.