Editorial Notes
References in Text
Section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977, referred to in subsec. (b)(1)(A)(ix), is classified to section 3103 of Title 7, Agriculture.
The date of the enactment of this subparagraph, referred to in subsecs. (b)(1)(E)(iv)(II), (2)(B)(i)(II) and (h)(4)(B)(iii), is the date of enactment of Pub. L. 109–280, which was approved Aug. 17, 2006.
The Alaska Native Claims Settlement Act, referred to in subsec. (b)(2)(C)(i)(II), (iii), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. Section 3 of the Act is classified to section 1602 of Title 43. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables.
The Federal Food, Drug, and Cosmetic Act, as amended, referred to in subsec. (e)(3)(A)(iv), is act June 25, 1938, ch. 675, 52 Stat. 1040, as amended, which is classified generally to chapter 9 (§ 301 et seq.) of Title 21, Food and Drugs. For complete classification of this Act to the Code, see section 301 of Title 21 and Tables.
The date of the enactment of this subparagraph, referred to in subsec. (e)(3)(C)(vi), is the date of enactment of Pub. L. 109–73, which was approved Sept. 23, 2005.
Section 330(c) of title 31, referred to in subsec. (f)(11)(E)(iii)(II), was redesignated section 330(d) of title 31 by Pub. L. 114–113, div. Q, title IV, § 410(1), Dec. 18, 2015, 129 Stat. 3121.
Section 25 of the State Department Basic Authorities Act of 1956, referred to in subsec. (q)(7), is classified to section 2697 of Title 22, Foreign Relations and Intercourse.
Codification
Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.
Sections 1202(a), 1204(a), 1206(a), (b)(1), 1213(a)–(d), 1214(a), (b), 1215(a), 1216(a), 1217(a), 1218(a), 1219(c)(1), and 1234(a) of Pub. L. 109–280, which directed the amendment of section 170 without specifying the act to be amended, were executed to this section which is section 170 of the Internal Revenue Code of 1986, to reflect the probable intent of Congress. See 2006 Amendment notes below.
Amendments
2022—Subsec. (f)(19). Pub. L. 117–328, § 605(b), added par. (19).
Subsec. (h)(7). Pub. L. 117–328, § 605(a)(1), added par. (7).
2020—Subsecs. (p), (q). Pub. L. 116–260 added subsec. (p) and redesignated former subsec. (p) as (q).
2018—Subsec. (b)(1)(A)(ix). Pub. L. 115–141, § 401(a)(52), inserted “National” before “Agricultural”.
Subsec. (e)(3)(D), (E). Pub. L. 115–141, § 401(b)(14), redesignated subpar. (E) as (D) and struck out former subpar. (D) which related to special rule for contributions of book inventory to public schools.
Subsec. (p)(6). Pub. L. 115–232 substituted “section 8473 of title 10, United States Code” for “section 6973 of title 10, United States Code”.
2017—Subsec. (b)(1)(G), (H). Pub. L. 115–97, § 11023(a), added subpar. (G) and redesignated former subpar. (G) as (H).
Subsec. (b)(2)(D)(iv), (v). Pub. L. 115–97, § 13305(b)(2), redesignated cls. (v) and (vi) as (iv) and (v), respectively, and struck out former cl. (iv) which read as follows: “section 199,”.
Subsec. (b)(2)(D)(vi). Pub. L. 115–97, § 13305(b)(2), redesignated cl. (vi) as (v).
Pub. L. 115–97, § 11011(d)(5), added cl. (vi).
Subsec. (f)(8)(D), (E). Pub. L. 115–97, § 13705(a), redesignated subpar. (E) as (D) and struck out former subpar. (D). Prior to amendment, text of subpar. (D) read as follows: “Subparagraph (A) shall not apply to a contribution if the donee organization files a return, on such form and in accordance with such regulations as the Secretary may prescribe, which includes the information described in subparagraph (B) with respect to the contribution.”
Subsec. (l)(1). Pub. L. 115–97, § 13704(a)(1), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: “For purposes of this section, 80 percent of any amount described in paragraph (2) shall be treated as a charitable contribution.”
Subsec. (l)(2)(B). Pub. L. 115–97, § 13704(a)(2), struck out “such amount would be allowable as a deduction under this section but for the fact that” before “the taxpayer”.
2015—Subsec. (a)(2)(B). Pub. L. 114–41 substituted “fourth month” for “third month”.
Subsec. (b)(1)(A)(ix). Pub. L. 114–113, § 331(a), added cl. (ix).
Subsec. (b)(1)(E)(vi). Pub. L. 114–113, § 111(a)(1), struck out cl. (vi). Text read as follows: “This subparagraph shall not apply to any contribution made in taxable years beginning after December 31, 2014.”
Subsec. (b)(2)(A). Pub. L. 114–113, § 111(b)(2)(A), substituted “subparagraph (B) or (C) applies” for “subparagraph (B) applies”.
Subsec. (b)(2)(B)(ii). Pub. L. 114–113, § 111(b)(2)(B), substituted “15 succeeding taxable years” for “15 succeeding years”.
Subsec. (b)(2)(B)(iii). Pub. L. 114–113, § 111(a)(2), struck out cl. (iii). Text read as follows: “This subparagraph shall not apply to any contribution made in taxable years beginning after December 31, 2014.”
Subsec. (b)(2)(C), (D). Pub. L. 114–113, § 111(b)(1), added subpar. (C) and redesignated former subpar. (C) as (D).
Subsec. (e)(3)(C)(ii). Pub. L. 114–113, § 113(b), added cl. (ii) and struck out former cl. (ii). Prior to amendment, text read as follows: “In the case of a taxpayer other than a C corporation, the aggregate amount of such contributions for any taxable year which may be taken into account under this section shall not exceed 10 percent of the taxpayer’s aggregate net income for such taxable year from all trades or businesses from which such contributions were made for such year, computed without regard to this section.”
Subsec. (e)(3)(C)(iii). Pub. L. 114–113, § 113(b), added cl. (iii). Former cl. (iii) redesignated (vi).
Subsec. (e)(3)(C)(iv). Pub. L. 114–113, § 113(b), added cl. (iv).
Pub. L. 114–113, § 113(a), struck out cl. (iv). Text read as follows: “This subparagraph shall not apply to contributions made after December 31, 2014.”
Subsec. (e)(3)(C)(v), (vi). Pub. L. 114–113, § 113(b), added cl. (v) and redesignated cl. (iii) as (vi).
2014—Subsec. (b)(1)(E)(vi). Pub. L. 113–295, § 106(a), substituted “December 31, 2014” for “December 31, 2013”.
Subsec. (b)(2)(B)(iii). Pub. L. 113–295, § 106(b), substituted “December 31, 2014” for “December 31, 2013”.
Subsec. (b)(3). Pub. L. 113–295, § 221(a)(28)(A), struck out par. (3) which related to temporary suspension of limitations on charitable contributions.
Subsec. (e)(3)(C)(iv). Pub. L. 113–295, § 126(a), substituted “December 31, 2014” for “December 31, 2013”.
Subsec. (e)(6). Pub. L. 113–295, § 221(a)(28)(B), struck out par. (6) which related to special rule for contributions of computer technology and equipment for educational purposes.
Subsec. (k). Pub. L. 113–295, § 221(a)(28)(C), struck out subsec. (k). Text read as follows: “For disallowance of deductions for contributions to or for the use of communist controlled organizations, see section 11(a) of the Internal Security Act of 1950 (50 U.S.C. 790).”
2013—Subsec. (b)(1)(E)(vi). Pub. L. 112–240, § 206(a), substituted “December 31, 2013” for “December 31, 2011”.
Subsec. (b)(2)(B)(iii). Pub. L. 112–240, § 206(b), substituted “December 31, 2013” for “December 31, 2011”.
Subsec. (e)(3)(C)(iv). Pub. L. 112–240, § 314(a), substituted “December 31, 2013” for “December 31, 2011”.
2010—Subsec. (b). Pub. L. 111–312, § 723(a), (b), substituted “December 31, 2011” for “December 31, 2009” in pars. (1)(E)(vi) and (2)(B)(iii).
Subsec. (e)(1). Pub. L. 111–312, § 301(a), amended subsec. (e)(1) to read as if amendment by Pub. L. 107–16, § 542(e)(2)(B), had never been enacted. See 2001 Amendment note below.
Subsec. (e)(3)(C)(iv). Pub. L. 111–312, § 740(a), substituted “December 31, 2011” for “December 31, 2009”.
Subsec. (e)(3)(D)(iv). Pub. L. 111–312, § 741(a), substituted “December 31, 2011” for “December 31, 2009”.
Subsec. (e)(6)(G). Pub. L. 111–312, § 742(a), substituted “December 31, 2011” for “December 31, 2009”.
2008—Subsec. (b). Pub. L. 110–246, § 15302(a), substituted “December 31, 2009” for “December 31, 2007” in pars. (1)(E)(vi) and (2)(B)(iii).
Subsec. (b)(3). Pub. L. 110–343, § 323(b)(1), added par. (3).
Subsec. (e)(3)(C)(iv). Pub. L. 110–343, § 323(a)(1), substituted “December 31, 2009” for “December 31, 2007”.
Subsec. (e)(3)(D)(iii). Pub. L. 110–343, § 324(b), inserted “of books” after “to any contribution” in introductory provisions.
Subsec. (e)(3)(D)(iv). Pub. L. 110–343, § 324(a), substituted “December 31, 2009” for “December 31, 2007”.
Subsec. (e)(6)(G). Pub. L. 110–343, § 321(a), substituted “December 31, 2009” for “December 31, 2007”.
2007—Subsec. (b)(1)(A)(vii). Pub. L. 110–172, § 11(a)(14)(A), substituted “subparagraph (F)” for “subparagraph (E)”.
Subsec. (e)(1)(B)(i)(II). Pub. L. 110–172, § 11(a)(15), inserted “, but without regard to clause (ii) thereof” after “paragraph (7)(C)”.
Subsec. (e)(1)(B)(ii). Pub. L. 110–172, § 11(a)(14)(B), substituted “subsection (b)(1)(F)” for “subsection (b)(1)(E)”.
Subsec. (e)(7)(D)(i)(I). Pub. L. 110–172, § 3(c), substituted “substantial and related” for “related”.
Subsec. (o)(1)(A). Pub. L. 110–172, § 11(a)(16)(A), in introductory provisions, substituted “all interests in the property are” for “all interest in the property is”.
Subsec. (o)(3)(A)(i). Pub. L. 110–172, § 11(a)(16)(B), in introductory provisions, substituted “interests” for “interest” and “on or before” for “before”.
2006—Subsec. (b)(1)(E) to (G). Pub. L. 109–280, § 1206(a)(1), added subpar. (E) and redesignated former subpars. (E) and (F) as (F) and (G), respectively. See Codification note above.
Subsec. (b)(2). Pub. L. 109–280, § 1206(a)(2), reenacted heading without change and amended text of par. (2) generally. Prior to amendment, text read as follows: “In the case of a corporation, the total deductions under subsection (a) for any taxable year shall not exceed 10 percent of the taxpayer’s taxable income computed without regard to—
“(A) this section,
“(B) part VIII (except section 248),
“(C) section 199,
“(D) any net operating loss carryback to the taxable year under section 172, and
“(E) any capital loss carryback to the taxable year under section 1212(a)(1).”
See Codification note above.
Subsec. (d)(2). Pub. L. 109–280, § 1206(b)(1), substituted “subsection (b)(2)(A)” for “subsection (b)(2)” wherever appearing. See Codification note above.
Subsec. (e)(1)(A). Pub. L. 109–222 inserted “(determined without regard to section 1221(b)(3))” after “long-term capital gain”.
Subsec. (e)(1)(B)(i). Pub. L. 109–280, § 1215(a)(1), amended cl. (i) generally. Prior to amendment, cl. (i) read as follows: “of tangible personal property, if the use by the donee is unrelated to the purpose or function constituting the basis for its exemption under section 501 (or, in the case of a governmental unit, to any purpose or function described in subsection (c)),”. See Codification note above.
Subsec. (e)(1)(B)(iv). Pub. L. 109–280, § 1214(a), added cl. (iv). See Codification note above.
Subsec. (e)(3)(C)(iv). Pub. L. 109–280, § 1202(a), substituted “2007” for “2005”. See Codification note above.
Subsec. (e)(3)(D)(iv). Pub. L. 109–280, § 1204(a), substituted “2007” for “2005”. See Codification note above.
Subsec. (e)(4)(B)(ii). Pub. L. 109–432, § 116(b)(1)(A), inserted “or assembled” after “constructed”.
Subsec. (e)(4)(B)(iii). Pub. L. 109–432, § 116(b)(1)(B), inserted “or assembly” after “construction”.
Subsec. (e)(6)(B)(ii). Pub. L. 109–432, § 116(b)(2)(A), inserted “or assembled” after “constructed” and “or assembling” after “construction”.
Subsec. (e)(6)(D). Pub. L. 109–432, § 116(b)(2)(B), inserted “or assembled” after “constructed” in introductory provisions and “or assembly” after “construction” in cl. (i).
Subsec. (e)(6)(G). Pub. L. 109–432, § 116(a)(1), substituted “2007” for “2005”.
Subsec. (e)(7). Pub. L. 109–280, § 1215(a)(2), added par. (7). See Codification note above.
Subsec. (f)(11)(E). Pub. L. 109–280, § 1219(c)(1), amended heading and text of subpar. (E) generally. Prior to amendment, text read as follows: “For purposes of this paragraph, the term ‘qualified appraisal’ means, with respect to any property, an appraisal of such property which is treated for purposes of this paragraph as a qualified appraisal under regulations or other guidance prescribed by the Secretary.” See Codification note above.
Subsec. (f)(13). Pub. L. 109–280, § 1213(c), added par. (13). See Codification note above.
Subsec. (f)(14). Pub. L. 109–280, § 1213(d), added par. (14). See Codification note above.
Subsec. (f)(15). Pub. L. 109–280, § 1214(b), added par. (15). See Codification note above.
Subsec. (f)(16). Pub. L. 109–280, § 1216(a), added par. (16). See Codification note above.
Subsec. (f)(17). Pub. L. 109–280, § 1217(a), added par. (17). See Codification note above.
Subsec. (f)(18). Pub. L. 109–280, § 1234(a), added par. (18). See Codification note above.
Subsec. (h)(4)(B). Pub. L. 109–280, § 1213(a)(1), added subpar. (B). Former subpar. (B) redesignated (C).
Subsec. (h)(4)(C). Pub. L. 109–280, § 1213(a)(1), (b), redesignated subpar. (B) as (C), struck out “any building, structure, or land area which” after “means” in introductory provisions, inserted “any building, structure, or land area which” before “is listed” in cl. (i), and inserted “any building which” before “is located” in cl. (ii). See Codification note above.
Subsecs. (o), (p). Pub. L. 109–280, § 1218(a), added subsec. (o) and redesignated former subsec. (o) as (p). See Codification note above.
2005—Subsec. (b)(2)(C) to (E). Pub. L. 109–135, § 403(a)(16), added subpar. (C) and redesignated former subpars. (C) and (D) as (D) and (E), respectively.
Subsec. (e)(3)(C). Pub. L. 109–73, § 305(a), added subpar. (C). Former subpar. (C) redesignated (D).
Subsec. (e)(3)(D). Pub. L. 109–73, § 306(a), added subpar. (D). Former subpar. (D) redesignated (E).
Pub. L. 109–73, § 305(a), redesignated subpar. (C) as (D).
Subsec. (e)(3)(E). Pub. L. 109–73, § 306(a), redesignated subpar. (D) as (E).
Subsec. (f)(12)(B)(v), (vi). Pub. L. 109–135, § 403(gg), added cls. (v) and (vi).
2004—Subsec. (e)(1)(B)(iii). Pub. L. 108–357, § 882(a), added cl. (iii).
Subsec. (e)(6)(G). Pub. L. 108–311, § 306(a), substituted “2005” for “2003”.
Subsec. (f)(10)(A). Pub. L. 108–357, § 413(c)(30), struck out “556(b)(2),” after “545(b)(2),” in introductory provisions.
Subsec. (f)(11). Pub. L. 108–357, § 883(a), added par. (11).
Subsec. (f)(11)(A)(ii)(I). Pub. L. 108–357, § 882(d), inserted “subsection (e)(1)(B)(iii) or” before “section 1221(a)(1)”.
Subsec. (f)(12). Pub. L. 108–357, § 884(a), added par. (12).
Subsec. (g)(1). Pub. L. 108–311, § 207(15), inserted “(determined without regard to subsections (b)(1), (b)(2), and (d)(1)(B) thereof)” after “section 152” in introductory provisions.
Subsec. (g)(3). Pub. L. 108–311, § 207(16), substituted “subparagraphs (A) through (G) of section 152(d)(2)” for “paragraphs (1) through (8) of section 152(a)”.
Subsec. (m). Pub. L. 108–357, § 882(b), added subsec. (m). Former subsec. (m) redesignated (n).
Subsec. (n). Pub. L. 108–357, § 335(a), added subsec. (n). Former subsec. (n) redesignated (o).
Pub. L. 108–357, § 882(b), redesignated subsec. (m) as (n). Amendment was executed before the amendment by Pub. L. 108–357, § 335(a). See note below.
Subsec. (o). Pub. L. 108–357, § 335(a), redesignated subsec. (n) as (o).
2003—Subsec. (e)(6)(B)(i)(III). Pub. L. 108–81 substituted “section 213(1)(A) of the Library Services and Technology Act (20 U.S.C. 9122(1)(A))” for “section 213(2)(A) of the Library Services and Technology Act (20 U.S.C. 9122(2)(A)”.
2002—Subsec. (e)(6)(B)(i)(III). Pub. L. 107–147, § 417(7), substituted “2000),” for “ 2000,”.
Subsec. (e)(6)(B)(iv). Pub. L. 107–147, § 417(22), provided that the amendment made by section 165(b)(1) of the Community Renewal Tax Relief Act of 2000 [Pub. L. 106–554, § 1(a)(7)[title I, § 165(b)(1)]] shall be applied as if it struck “in any of the grades K–12”. See 2000 Amendment note below.
2001—Subsec. (e)(1). Pub. L. 107–16, § 542(e)(2)(B), inserted at end “For purposes of this paragraph, the determination of whether property is a capital asset shall be made without regard to the exception contained in section 1221(a)(3)(C) for basis determined under section 1022.”
2000—Subsec. (e)(6). Pub. L. 106–554, § 1(a)(7) [title I, § 165(b)(2)], substituted “educational purposes” for “elementary or secondary school purposes” in heading.
Subsec. (e)(6)(A), (B). Pub. L. 106–554, § 1(a)(7) [title I, § 165(a)(1)], substituted “qualified computer contribution” for “qualified elementary or secondary educational contribution” in subpar. (A) and in heading and introductory provisions of subpar. (B).
Subsec. (e)(6)(B)(i)(III). Pub. L. 106–554, § 1(a)(7) [title I, § 165(a)(2)], added subcl. (III).
Subsec. (e)(6)(B)(ii). Pub. L. 106–554, § 1(a)(7) [title I, § 165(a)(3)], substituted “3 years” for “2 years”.
Subsec. (e)(6)(B)(iv). Pub. L. 106–554, § 1(a)(7) [title I, § 165(b)(1)], which directed the amendment of cl. (iv) by striking “in any grades of the K–12”, was executed by striking out “in any of the grades K–12” after “educational purposes”. See 2002 Amendment note above.
Subsec. (e)(6)(B)(viii). Pub. L. 106–554, § 1(a)(7) [title I, § 165(d)], added cl. (viii).
Subsec. (e)(6)(C). Pub. L. 106–554, § 1(a)(7) [title I, § 165(a)(1)], substituted “qualified computer contribution” for “qualified elementary or secondary educational contribution” in introductory provisions.
Subsec. (e)(6)(D), (E). Pub. L. 106–554, § 1(a)(7) [title I, § 165(e)], added subpar. (D) and redesignated former subpar. (D) as (E). Former subpar. (E) redesignated (F).
Subsec. (e)(6)(F). Pub. L. 106–554, § 1(a)(7) [title I, § 165(e)], redesignated subpar. (E) as (F). Former subpar. (F) redesignated (G).
Pub. L. 106–554, § 1(a)(7) [title I, § 165(c)], substituted “December 31, 2003” for “December 31, 2000”.
Subsec. (e)(6)(G). Pub. L. 106–554, § 1(a)(7) [title I, § 165(e)], redesignated subpar. (F) as (G).
1999—Subsec. (e)(3)(A), (4)(B). Pub. L. 106–170, § 532(c)(1)(A), (B), substituted “section 1221(a)” for “section 1221”.
Subsec. (f)(10). Pub. L. 106–170, § 537(a), added par. (10).
1998—Subsec. (e)(5)(D). Pub. L. 105–277 struck out heading and text of subpar. (D). Text read as follows: “This paragraph shall not apply to contributions made—
“(i) after December 31, 1994, and before July 1, 1996, or
“(ii) after June 30, 1998.”
Subsec. (e)(6)(B)(iv). Pub. L. 105–206, § 6004(e)(2), substituted “function of the donee” for “function of the organization or entity”.
Subsec. (e)(6)(B)(vi), (vii). Pub. L. 105–206, § 6004(e)(1), substituted “donee’s” for “entity’s”.
Subsec. (e)(6)(C)(ii)(I). Pub. L. 105–206, § 6004(e)(3), substituted “a donee” for “an entity”.
Subsec. (e)(6)(F). Pub. L. 105–206, § 6004(e)(4), substituted “2000” for “1999”.
1997—Subsec. (e)(5)(D)(ii). Pub. L. 105–34, § 602(a), substituted “June 30, 1998” for “May 31, 1997”.
Subsec. (e)(6). Pub. L. 105–34, § 224(a), added par. (6).
Subsec. (h)(5)(B)(ii). Pub. L. 105–34, § 508(d), amended heading and text of cl. (ii) generally. Prior to amendment, text read as follows: “With respect to any contribution of property in which the ownership of the surface estate and mineral interests were separated before June 13, 1976, and remain so separated, subparagraph (A) shall be treated as met if the probability of surface mining occurring on such property is so remote as to be negligible.”
Subsec. (i). Pub. L. 105–34, § 973(a), amended heading and text of subsec. (i) generally. Prior to amendment, text read as follows: “For purposes of computing the deduction under this section for use of a passenger automobile the standard mileage rate shall be 12 cents per mile.”
1996—Subsec. (e)(1). Pub. L. 104–188, § 1316(b), inserted at end “For purposes of applying this paragraph in the case of a charitable contribution of stock in an S corporation, rules similar to the rules of section 751 shall apply in determining whether gain on such stock would have been long-term capital gain if such stock were sold by the taxpayer.”
Subsec. (e)(5)(D). Pub. L. 104–188, § 1206(a), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “This paragraph shall not apply to contributions made after December 31, 1994.”
1993—Subsec. (f)(8). Pub. L. 103–66, § 13172(a), added par. (8).
Subsec. (f)(9). Pub. L. 103–66, § 13222(b), added par. (9).
1990—Subsec. (h)(4)(B)(ii). Pub. L. 101–508, § 11813(b)(10), substituted “section 47(c)(3)(B)” for “section 48(g)(3)(B)”.
Subsec. (i). Pub. L. 101–508, § 11801(a)(11), (c)(5), redesignated subsec. (j) as (i) and struck out former subsec. (i) which related to rule for nonitemization of deductions, applicable percentage for individuals, limitation for taxable years beginning before 1985, and termination.
Subsecs. (j) to (n). Pub. L. 101–508, § 11801(c)(5), redesignated subsecs. (j) to (n) as (i) to (m), respectively.
1988—Subsecs. (m), (n). Pub. L. 100–647 added subsec. (m) and redesignated former subsec. (m) as (n).
1987—Subsec. (c)(2)(D). Pub. L. 100–203 inserted “(or in opposition to)” after “on behalf of”.
1986—Subsec. (b)(1)(C)(iv). Pub. L. 99–514, § 1831, substituted “this paragraph” for “this subparagraph”.
Subsec. (e)(1)(B). Pub. L. 99–514, § 301(b)(2), in closing provisions, struck out “40 percent (28⁄46 in the case of a corporation) of” before “the amount of gain”.
Subsec. (e)(4)(B)(i). Pub. L. 99–514, § 231(f), amended cl. (i) generally. Prior to amendment, cl. (i) read as follows: “the contribution is to an educational organization which is described in subsection (b)(1)(A)(ii) of this section and which is an institution of higher education (as defined in section 3304(f)),”.
Subsecs. (k) to (m). Pub. L. 99–514, § 142(d), added subsec. (k) and redesignated former subsecs. (k) and (l) as (l) and (m), respectively.
1984—Subsec. (a)(3). Pub. L. 98–369, § 174(b)(5)(A), substituted “section 267(b) or 707(b)” for “section 267(b)”.
Subsec. (b)(1)(A)(vii). Pub. L. 98–369, § 301(c)(2)(A), substituted “subparagraph (E)” for “subparagraph (D)”.
Subsec. (b)(1)(B). Pub. L. 98–369, § 301(a)(2), inserted at end “If the aggregate of such contributions exceeds the limitation of the preceding sentence, such excess shall be treated (in a manner consistent with the rules of subsection (d)(1)) as a charitable contribution (to which subparagraph (A) does not apply) in each of the 5 succeeding taxable years in order of time.”
Subsec. (b)(1)(B)(i). Pub. L. 98–369, § 301(a)(1), substituted “30 percent” for “20 percent”.
Subsec. (b)(1)(C). Pub. L. 98–369, § 301(c)(2)(B), inserted “described in subparagraph (A)” in subpar. (C) heading, and in text of cl. (i) substituted “In the case of charitable contributions described in subparagraph (A) of capital gain property to which subsection (e)(1)(B) does not apply, the total amount of contributions of such property which may be taken into account under subsection (a) for any taxable year shall not exceed 30 percent of the taxpayer’s contribution base for such year. For purposes of this subsection, contributions of capital gain property to which this subparagraph applies shall be taken into account after all other charitable contributions (other than charitable contributions to which subparagraph (D) applies)” for “In the case of charitable contributions of capital gain property to which subsection (e)(1)(B) does not apply, the total amount of contributions of such property which may be taken into account under subsection (a) for any taxable year shall not exceed 30 percent of the taxpayer’s contribution base for such year. For purposes of this subsection, contributions of capital gain property to which this paragraph applies shall be taken into account after all other charitable contributions”.
Subsec. (b)(1)(D) to (F). Pub. L. 98–369, § 301(c)(1), added subpar. (D) and redesignated former subpars. (D) and (E) as (E) and (F), respectively.
Subsec. (e)(1). Pub. L. 98–369, § 492(b)(1)(A), struck out in provision following subpar. (B) “1251(c),” after “1250(a)”.
Subsec. (e)(1)(B)(ii). Pub. L. 98–369, § 301(c)(2)(C), substituted “subsection (b)(1)(E)” for “subsection (b)(1)(D)”.
Subsec. (e)(3)(C). Pub. L. 98–369, § 492(b)(1)(B), struck out “1251,” after “1250,”.
Subsec. (e)(5). Pub. L. 98–369, § 301(b), added par. (5).
Subsec. (f)(7). Pub. L. 98–369, § 1022(b), added par. (7).
Subsec. (h)(5)(B). Pub. L. 98–369, § 1035(a), designated existing provisions as cl. (i), inserted “Except as provided in clause (ii)”, and added cl. (ii).
Subsec. (j). Pub. L. 98–369, § 1031(a), added subsec. (j). Former subsec. (j) redesignated (k).
Subsec. (k). Pub. L. 98–369, § 1031(a), redesignated subsec. (j) as (k). Former subsec. (k) redesignated (l).
Subsec. (l). Pub. L. 98–369, § 1032(b)(1), added par. (1) and redesignated former pars. (1) to (8) as (2) to (9), respectively.
Pub. L. 98–369, § 1031(a), redesignated subsec. (k) as (l).
1983—Subsec. (h)(4)(B)(ii). Pub. L. 97–448 substituted “section 48(g)(3)(B)” for “section 191(d)(2)”.
Subsec. (k)(8). Pub. L. 97–473 added par. (8).
1982—Subsec. (c)(2). Pub. L. 97–248 inserted provision that rules similar to the rules of section 501(j) of this title shall apply for purposes of this paragraph.
Subsec. (e)(3)(A). Pub. L. 97–354, § 5(a)(21)(A), substituted “an S corporation” for “an electing small business corporation within the meaning of section 1371(b)”.
Subsec. (e)(4)(D)(i). Pub. L. 97–354, § 5(a)(21)(B), substituted “an S corporation” for “an electing small business corporation (as defined in section 1371(b))”.
Subsec. (k)(7). Pub. L. 97–258 substituted “section 4043 of title 18, United States Code” for “section 2 of the Act of May 15, 1952, as amended by the Act of July 9, 1952 (31 U.S.C. 725s–4)”.
1981—Subsec. (b)(2). Pub. L. 97–34, § 263(a), increased to 10 from 5 percent deduction allowable to a corporation in any taxable year for charitable contributions.
Subsec. (e)(4). Pub. L. 97–34, § 222(a), added par. (4).
Subsec. (i). Pub. L. 97–34, § 121(a), added subsec. (i). Former subsec. (i) redesignated (j).
Subsecs. (j), (k). Pub. L. 97–34, § 121(a), redesignated former subsecs. (i) and (j) as (j) and (k), respectively.
1980—Subsec. (f)(3). Pub. L. 96–541, § 6(a), reenacted subpar. (B), cls. (i) and (ii), substituted cl. (B)(iii) relating to qualified conservation contribution for prior cl. (B)(iii) relating to contribution of a lease on, option to purchase, or easement with respect to real property granted in perpetuity to a subsec. (b)(1)(A) organization exclusively for conservation purposes, deleted cl. (B)(iv) respecting contribution of a remainder interest in real property granted to a subsec. (b)(1)(A) organization exclusively for conservation purposes, and deleted subpar. (C) definition of “conservation purposes”, now covered in an expanded subsec. (h)(4)(A).
Subsecs. (h), (i). Pub. L. 96–541, § 6(b), added subsec. (h) and redesignated former subsec. (h) as (i). Former subsec. (i) redesignated (j).
Subsec. (i)(6). Pub. L. 96–465, among other changes, inserted references to Director of the International Communication Agency and the Director of the United States International Development Cooperation Agency, and substituted reference to section 25 of the State Department Basic Authorities Act of 1956 for reference to section 1021(e) of the Foreign Service Act of 1946.
Subsec. (j). Pub. L. 96–541, § 6(b), redesignated former subsec. (i) as (j).
1978—Subsec. (e)(1)(B). Pub. L. 95–600 substituted “40 percent” for “50 percent” and “28⁄46” for “62½ percent”.
1977—Subsec. (f)(3)(B)(iii). Pub. L. 95–30 substituted “real property granted in perpetuity to an organization” for “real property of not less than 30 years’ duration granted to an organization”.
1976—Subsec. (a). Pub. L. 94–455, § 1906(b)(13)(A), struck out “or his delegate” after “Secretary”.
Subsec. (b)(1)(A)(vii). Pub. L. 94–455, § 1901(a)(28)(A)(iii), substituted “subparagraph (D)” for “subparagraph (E)” after “described in”.
Subsec. (b)(1)(B)(ii). Pub. L. 94–455, § 1901(a)(28)(A)(iv), substituted “subparagraph (C)” for “subparagraph (D)” after “without regard to”.
Subsec. (b)(1)(C). Pub. L. 94–455, § 1901(a)(28)(A)(ii), struck out subpar. (C) which related to unlimited deductions for certain individuals, redesignated subpar. (D) as (C) and, as so redesignated, § 1906(b)(13)(A), struck out “or his delegate” after “Secretary” in cl. (iii).
Subsec. (b)(1)(D) to (F). Pub. L. 94–455, § 1901(a)(28)(A)(ii), redesignated subpars. (D) to (F) as (C) to (E), respectively.
Subsec. (b)(2). Pub. L. 95–455, § 1052(c)(2), struck out subpar. (D) which related to a special deduction for Western Hemisphere trade corporations, and redesignated subpar. (E) as (D).
Subsec. (c). Pub. L. 94–455, § 1901(a)(28)(A)(v), substituted “subsection (g)” for “subsection (h)” after “amount treated under”.
Subsec. (c)(2)(B). Pub. L. 94–455, § 1313(b)(1), inserted “or to foster national or international amateur sports competition (but only if no part of its activities involves the provision of athletic facilities or equipment)” after “or educational purposes”.
Subsec. (c)(2)(D). Pub. L. 94–445, § 1307(d)(1)(B)(i), substituted “which is not disqualified for tax exemption under section 501(c)(3) by reason of attempting to influence legislation” for “no substantial part of the activities of which is carrying on propaganda, or otherwise attempting to influence legislation” after “(D)”.
Subsec. (d)(1)(A). Pub. L. 94–455, § 1901(a)(28)(B), struck out “(30 percent in the case of a contribution year beginning before January 1, 1970)” after “exceeds 50 percent”.
Subsec. (e)(1). Pub. L. 94–455, § 205(c)(1)(A), substituted “1252(a), or 1254(a)” for “or 1252(a)” after “1251(c)”.
Subsec. (e)(1)(B)(ii). Pub. L. 94–455, § 1901(a)(28)(A)(vi), substituted “subsection (b)(1)(D)” for “subsection (b)(1)(E)” after “foundation described in”.
Subsec. (e)(2). Pub. L. 94–455, § 1906(b)(13)(A), struck out “or his delegate” after “Secretary”.
Subsec. (e)(3). Pub. L. 94–455, § 2135(a), added par. (3).
Subsec. (f)(2). Pub. L. 94–455, § 1906(b)(13)(A), struck out “or his delegate” after “Secretary”.
Subsec. (f)(3). Pub. L. 94–455, § 2124(e)(1), added subpars. (B)(iii), (iv), and (C).
Subsec. (f)(4). Pub. L. 94–455, § 1906(b)(13)(A), struck out “or his delegate” after “Secretary”.
Subsec. (f)(6). Pub. L. 94–455, §§ 1307(c), 1901(a)(28)(A)(i), added par. (6). Former par. (6), which related to the partial reduction of unlimited deduction and definitions for transitional income and deduction percentages, was struck out. Section 1901(a)(28)(A)(i) of Pub. L. 94–455 struck out par. (6) a second time.
Subsec. (g). Pub. L. 94–455, § 1901(a)(28)(A)(i), struck out subsec. (g) which related to application of unlimited charitable contribution deductions allowed for taxable years beginning before January 1, 1975, and redesignated subsecs. (h), (i), and (j) as (g), (h), and (i), respectively. Section 1901(a)(28)(A)(i) also struck out former subsec. (f)(6) but this direction was not executed as such former subsec. (f)(6) had previously been stricken by section 1307(c) of Pub. L. 94–455.
Subsec. (g)(1)(B). Pub. L. 94–455, § 1901(b)(8)(A), substituted “educational organization described in section 170(b)(1)(A)(ii)” for “educational institution (as defined in section 151(e)(4)” after “grade at an”.
Subsec. (h). Pub. L. 94–455, § 1901(a)(28)(A)(i), (C), redesignated subsec. (i) as (h), and struck out “64 Stat. 996” after “Act of 1950”. Former subsec. (h) redesignated (g).
Subsec. (i). Pub. L. 94–455, § 1901(a)(28)(A)(i), (D), redesignated subsec. (j) as (i) and substituted “6973 of title 10, United States Code” for “3 of the Act of March 31, 1944 (58 Stat. 135; 34 U.S.C. 1115b)” after “see section” in par. (5); struck out par. (6) relating to gifts to library of Post Office Department; struck out “60 Stat. 924” after “1946” in par. (7); substituted “as amended by the Act of July 9, 1952 (3 U.S.C. 725s–4)” for “(66 Stat. 73, as amended by Act of July 9, 1952, 66 Stat. 479, 31 U.S.C. 725s–4)” after “May 15, 1952” in par. (8); and redesignated pars. (7) and (8) as pars. (6) and (7), respectively. Former subsec. (i) redesignated (h).
Subsec. (j). Pub. L. 94–455, § 1901(a)(28)(A)(i), redesignated subsec. (j) as (i).
1969—Subsec. (a)(3). Pub. L. 91–172, § 201(a)(1)(B), added par. (3).
Subsec. (b). Pub. L. 91–172, § 201(a)(1)(B), (h)(1), increased the general limitation on the charitable contributions deduction for individual taxpayers from 30 percent of adjusted gross income to 50 percent of his contribution base and provided that where a taxpayer makes a contribution to a public charity of property which has appreciated in value the taxpayer could deduct such contributions of property under the 50 percent limitation if he elects to take the unrealized appreciation in value into account for the tax purposes, the unlimited charitable deduction is phased out over a 5-year period and contributions to a private operating foundation and contributions to a private nonoperating foundation distributing such contributions to public charities or private operating foundations within two and half months following the year of receipt are also subjected to 50 percent limitation (30 percent in the case of gifts of appreciated property), and, in par. (1)(C), inserted provisions relating to the determination of the amount of charitable contributions and taxes paid by a married individual who previously filed a joint return with a former deceased spouse.
Subsec. (c). Pub. L. 91–172, § 201(a)(1)(B), struck out references to “Territory” in pars. (1) and (2)(A), and inserted reference to participation in or intervention in any political campaign on behalf of any candidate for public office in par. (2)(D).
Subsec. (d). Pub. L. 91–172, § 201(a)(1)(B), added subsec. (d) consisting of provisions substantially transferred from subsec. (b) in the general amendment of subsec. (b) by Pub. L. 91–172. Former subsec. (d) redesignated (b).
Subsec. (e). Pub. L. 91–172, § 201(a)(1)(B), substituted provisions covering certain contributions of ordinary income and capital gain property for provisions setting out a special rule for charitable contributions.
Subsec. (f). Pub. L. 91–172, § 201(a)(1)(B), substituted provisions for the disallowance of the deduction in specified cases for provision covering future interests in tangible personal property.
Subsec. (g). Pub. L. 91–172, § 201(a)(2)(A), substituted “subsection (d)(1)” for “subsection (b)(5)” in two places in par. (1) and struck out par. (2)(B) covering contributions to organizations substantially more than half of the assets and the total income were devoted to charitable purposes.
Subsec. (h). Pub. L. 91–172, § 201(a)(1)(A), redesignated subsec. (d) as (h). Former subsec. (h) redesignated (i).
Subsec. (i). Pub. L. 91–172, §§ 101(j)(2), 201(a)(1)(A), redesignated former subsec. (h) as (i), struck out par. (1) covering disallowance of deductions for gifts to charitable organizations engaging in prohibited transactions, and removed the par. (2) designation from the provisions covering disallowance of deductions for use of communist controlled organizations. Former subsec. (i) redesignated (j).
Subsec. (j). Pub. L. 91–172, § 201(a)(1)(A), redesignated former subsec. (i) as (j).
1966—Subsec. (e). Pub. L. 89–570 inserted reference to section 617(d)(1).
1964—Subsec. (b)(1)(A)(v), (vi), (2), (5). Pub. L. 88–272, § 209 (a), (c)(1), (d)(1), added cls. (v) and (vi) in par. (1)(A), and par. (5), and in par. (2), extended the 2-year carryforward of unused charitable contributions to 5 years and changed the method of computation by including the aggregate of the excess contributions made in taxable years before the contribution year, in cl. (i), and references to third, fourth or fifth succeeding years in cl. (ii).
Subsec. (e). Pub. L. 88–272, § 231(b)(1), substituted “certain property” for “section 1245 property” in heading, and inserted reference to section 1250(a) in text.
Subsec. (f). Pub. L. 88–272, § 209(e), added subsec. (f). Former subsec. (f) redesignated (h).
Subsec. (g). Pub. L. 88–272, § 209(b), added subsec. (g). Former subsec. (g) redesignated (i).
Subsecs. (h), (i). Pub. L. 88–272, § 209(e), redesignated former subsecs. (f) and (g) as (h) and (i), respectively.
1962—Subsec. (b)(1)(A)(iv). Pub. L. 87–858, § 2(a), added cl. (iv).
Subsec. (b)(1)(B). Pub. L. 87–858, § 2(b), substituted “any charitable contributions described in subparagraph (A)” for “any charitable contributions to the organizations described in clauses (i), (ii), and (iii)”.
Subsecs. (e) to (g). Pub. L. 87–834 added subsec. (e) and redesignated former subsecs. (e) and (f) as (f) and (g), respectively.
1960—Subsec. (c). Pub. L. 86–779, § 7(a)(1), inserted sentence additionally defining “charitable contribution” for purposes of the section.
Subsecs. (d) to (f). Pub. L. 86–779, § 7(a)(2), added subsec. (d) and redesignated former subsecs. (d) and (e) as (e) and (f), respectively.
1958—Subsec. (b)(1)(C). Pub. L. 85–866, § 10(a), inserted sentence allowing substitution, in lieu of amount of tax paid during year, amount of tax paid in respect of such year, provided amount so included in the year in respect of which payment was made be not included in any other year.
Subsec. (b)(3). Pub. L. 85–866, § 11, added par. (3).
Subsec. (b)(4). Pub. L. 85–866, § 12, added par. (4).
1956—Subsec. (b)(1)(A)(iii). Act Aug. 7, 1956, § 1, provided for the allowance, as deductions, of contributions to medical research organizations.
Statutory Notes and Related Subsidiaries
Change of Name
International Communication Agency, and Director thereof, redesignated United States Information Agency, and Director thereof, by section 303 of Pub. L. 97–241, title III, Aug. 24, 1982, 96 Stat. 291, set out as a note under section 1461 of Title 22, Foreign Relations and Intercourse. United States Information Agency (other than Broadcasting Board of Governors and International Broadcasting Bureau) abolished and functions transferred to Secretary of State, see sections 6531 and 6532 of Title 22.
Effective Date of 2022 Amendment
Pub. L. 117–328, div. T, title VI, § 605(c), Dec. 29, 2022, 136 Stat. 5395, provided that:
“(1) In general.—
The amendments made by this section [amending this section and sections
6662,
6664, and
6751 of this title] shall apply to contributions made after the date of the enactment of this Act [
Dec. 29, 2022].
“(2) No inference.—
No inference is intended as to the appropriate treatment of contributions made in taxable years ending on or before the date specified in paragraph (1), or as to any contribution for which a deduction is not disallowed by reason of section 170(h)(7) of the
Internal Revenue Code of 1986, as added by this section.”
Effective Date of 2017 Amendment
Amendment by section 11011(d)(5) of Pub. L. 115–97 applicable to taxable years beginning after Dec. 31, 2017, see section 11011(e) of Pub. L. 115–97, set out as a note under section 62 of this title.
Pub. L. 115–97, title I, § 11023(b), Dec. 22, 2017, 131 Stat. 2075, provided that:
“The amendment made by this section [amending this section] shall apply to contributions in taxable years beginning after December 31, 2017.”
Amendment by section 13305(b)(2) of Pub. L. 115–97 applicable to taxable years beginning after Dec. 31, 2017, except as provided by transition rule, see section 13305(c) of Pub. L. 115–97, set out as a note under section 74 of this title.
Pub. L. 115–97, title I, § 13704(b), Dec. 22, 2017, 131 Stat. 2169, provided that:
“The amendments made by this section [amending this section] shall apply to contributions made in taxable years beginning after December 31, 2017.”
Pub. L. 115–97, title I, § 13705(b), Dec. 22, 2017, 131 Stat. 2169, provided that:
“The amendments made by this section [amending this section] shall apply to contributions made in taxable years beginning after December 31, 2016.”
Effective Date of 2015 Amendment
Pub. L. 114–113, div. Q, title I, § 111(c), Dec. 18, 2015, 129 Stat. 3047, provided that:
“(1) Extension.—
The amendments made by subsection (a) [amending this section] shall apply to contributions made in taxable years beginning after December 31, 2014.
“(2) Modification.—
The amendments made by subsection (b) [amending this section] shall apply to contributions made in taxable years beginning after December 31, 2015.”
Pub. L. 114–113, div. Q, title I, § 113(c), Dec. 18, 2015, 129 Stat. 3048, provided that:
“(1) Extension.—
The amendment made by subsection (a) [amending this section] shall apply to contributions made after December 31, 2014.
“(2) Modifications.—
The amendments made by subsection (b) [amending this section] shall apply to taxable years beginning after December 31, 2015.”
Pub. L. 114–113, div. Q, title III, § 331(c), Dec. 18, 2015, 129 Stat. 3104, provided that:
“The amendments made by this section [amending this section and
section 501 of this title] shall apply to contributions made on and after the date of the enactment of this Act [
Dec. 18, 2015].”
Pub. L. 114–41, title II, § 2006(a)(3), July 31, 2015, 129 Stat. 457, provided that:
“(A) In general.—
Except as provided in subparagraph (B), the amendments made by this subsection [amending this section and sections
563,
1354,
6072,
6167,
6425, and
6655 of this title] shall apply to returns for taxable years beginning after
December 31, 2015.
“(B) Special rule for c corporations with fiscal years ending on june 30.—
In the case of any C corporation with a taxable year ending on June 30, the amendments made by this subsection shall apply to returns for taxable years beginning after December 31, 2025.”
Effective Date of 2014 Amendment
Pub. L. 113–295, div. A, title I, § 106(c), Dec. 19, 2014, 128 Stat. 4013, provided that:
“The amendments made by this section [amending this section] shall apply to contributions made in taxable years beginning after December 31, 2013.”
Pub. L. 113–295, div. A, title I, § 126(b), Dec. 19, 2014, 128 Stat. 4017, provided that:
“The amendment made by this section [amending this section] shall apply to contributions made after December 31, 2013.”
Amendment by section 221(a)(28) of Pub. L. 113–295 effective Dec. 19, 2014, subject to a savings provision, see section 221(b) of Pub. L. 113–295, set out as a note under section 1 of this title.
Effective Date of 2013 Amendment
Pub. L. 112–240, title II, § 206(c), Jan. 2, 2013, 126 Stat. 2324, provided that:
“The amendments made by this section [amending this section] shall apply to contributions made in taxable years beginning after December 31, 2011.”
Pub. L. 112–240, title III, § 314(b), Jan. 2, 2013, 126 Stat. 2330, provided that:
“The amendment made by this section [amending this section] shall apply to contributions made after December 31, 2011.”
Effective Date of 2010 Amendment
Amendment by section 301(a) of Pub. L. 111–312 applicable to estates of decedents dying, and transfers made after Dec. 31, 2009, except as otherwise provided, see section 301(e) of Pub. L. 111–312, set out as an Effective and Termination Dates of 2010 Amendment note under section 121 of this title.
Pub. L. 111–312, title VII, § 723(c), Dec. 17, 2010, 124 Stat. 3316, provided that:
“The amendments made by this section [amending this section] shall apply to contributions made in taxable years beginning after December 31, 2009.”
Pub. L. 111–312, title VII, § 740(b), Dec. 17, 2010, 124 Stat. 3319, provided that:
“The amendment made by this section [amending this section] shall apply to contributions made after December 31, 2009.”
Pub. L. 111–312, title VII, § 741(b), Dec. 17, 2010, 124 Stat. 3319, provided that:
“The amendment made by this section [amending this section] shall apply to contributions made after December 31, 2009.”
Pub. L. 111–312, title VII, § 742(b), Dec. 17, 2010, 124 Stat. 3319, provided that:
“The amendment made by this section [amending this section] shall apply to contributions made in taxable years beginning after December 31, 2009.”
Effective Date of 2008 Amendment
Pub. L. 110–343, div. C, title III, § 321(b), Oct. 3, 2008, 122 Stat. 3873, provided that:
“The amendment made by this section [amending this section] shall apply to contributions made during taxable years beginning after December 31, 2007.”
Pub. L. 110–343, div. C, title III, § 323(a)(2), Oct. 3, 2008, 122 Stat. 3874, provided that:
“The amendment made by this subsection [amending this section] shall apply to contributions made after December 31, 2007.”
Pub. L. 110–343, div. C, title III, § 323(b)(2), Oct. 3, 2008, 122 Stat. 3875, provided that:
“The amendment made by this subsection [amending this section] shall apply to taxable years ending after the date of the enactment of this Act [Oct. 3, 2008].”
Pub. L. 110–343, div. C, title III, § 324(c), Oct. 3, 2008, 122 Stat. 3875, provided that:
“The amendments made by this section [amending this section] shall apply to contributions made after December 31, 2007.”
Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, except as otherwise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture.
Pub. L. 110–234, title XV, § 15302(b), May 22, 2008, 122 Stat. 1501, and Pub. L. 110–246, § 4(a), title XV, § 15302(b), June 18, 2008, 122 Stat. 1664, 2263, provided that:
“The amendments made by this section [amending this section] shall apply to contributions made in taxable years beginning after December 31, 2007.”
[Pub. L. 110–234 and Pub. L. 110–246 enacted identical provisions. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture.]
Effective Date of 2007 Amendment
Pub. L. 110–172, § 3(j), Dec. 29, 2007, 121 Stat. 2475, provided that:
“The amendments made by this section [amending this section and sections
408,
1366,
2055,
2522,
4940,
4958,
4962,
6104,
6695A, and
6696 of this title] shall take effect as if included in the provisions of the
Pension Protection Act of 2006 [
Pub. L. 109–280] to which they relate.”
Effective Date of 2006 Amendment
Pub. L. 109–432, div. A, title I, § 116(a)(2), Dec. 20, 2006, 120 Stat. 2941, provided that:
“The amendment made by paragraph (1) [amending this section] shall apply to contributions made in taxable years beginning after December 31, 2005.”
Pub. L. 109–432, div. A, title I, § 116(b)(3), Dec. 20, 2006, 120 Stat. 2941, provided that:
“The amendments made by this subsection [amending this section] shall apply to taxable years beginning after December 31, 2005.”
Pub. L. 109–280, title XII, § 1202(b), Aug. 17, 2006, 120 Stat. 1066, provided that:
“The amendment made by this section [amending this section] shall apply to contributions made after December 31, 2005.”
Pub. L. 109–280, title XII, § 1204(b), Aug. 17, 2006, 120 Stat. 1066, provided that:
“The amendment made by this section [amending this section] shall apply to contributions made after December 31, 2005.”
Pub. L. 109–280, title XII, § 1206(c), Aug. 17, 2006, 120 Stat. 1070, provided that:
“The amendments made by this section [amending this section and
section 545 of this title] shall apply to contributions made in taxable years beginning after
December 31, 2005.”
Pub. L. 109–280, title XII, § 1213(e), Aug. 17, 2006, 120 Stat. 1076, provided that:
“(1) Special rules for buildings in registered historic districts.—
The amendments made by subsection (a) [amending this section] shall apply to contributions made after July 25, 2006.
“(2) Disallowance of deduction for structures and land; reduction for rehabilitation credit.—
The amendments made by subsections (b) and (d) [amending this section] shall apply to contributions made after the date of the enactment of this Act [Aug. 17, 2006].
“(3) Filing fee.—
The amendment made by subsection (c) [amending this section] shall apply to contributions made 180 days after the date of the enactment of this Act [Aug. 17, 2006].”
Pub. L. 109–280, title XII, § 1214(c), Aug. 17, 2006, 120 Stat. 1077, provided that:
“The amendment made by this section [amending this section] shall apply to contributions made after July 25, 2006.”
Pub. L. 109–280, title XII, § 1215(d)(1), Aug. 17, 2006, 120 Stat. 1079, provided that:
“The amendments made by subsection (a) [amending this section] shall apply to contributions after September 1, 2006.”
Pub. L. 109–280, title XII, § 1216(b), Aug. 17, 2006, 120 Stat. 1080, provided that:
“The amendment made by this section [amending this section] shall apply to contributions made after the date of enactment of this Act [Aug. 17, 2006].”
Pub. L. 109–280, title XII, § 1217(b), Aug. 17, 2006, 120 Stat. 1080, provided that:
“The amendment made by this section [amending this section] shall apply to contributions made in taxable years beginning after the date of the enactment of this Act [Aug. 17, 2006].”
Pub. L. 109–280, title XII, § 1218(d), Aug. 17, 2006, 120 Stat. 1083, provided that:
“The amendments made by this section [amending this section and sections
2055 and
2522 of this title] shall apply to contributions, bequests, and gifts made after the date of the enactment of this Act [
Aug. 17, 2006].”
Pub. L. 109–280, title XII, § 1219(e), Aug. 17, 2006, 120 Stat. 1085, provided that:
“(1) Misstatement penalties.—
Except as provided in paragraph (3), the amendments made by subsection (a) [amending sections
6662 and
6664 of this title] shall apply to returns filed after the date of the enactment of this Act [
Aug. 17, 2006].
“(2) Appraiser provisions.—
Except as provided in paragraph (3), the amendments made by subsections (b), (c), and (d) [enacting
section 6695A of this title and amending this section, sections 6664 and 6696 of this title, and
section 330 of Title 31, Money and Finance] shall apply to appraisals prepared with respect to returns or submissions filed after the date of the enactment of this Act [
Aug. 17, 2006].
“(3) Special rule for certain easements.—
In the case of a contribution of a
qualified real property interest which is a restriction with respect to the exterior of a building described in section 170(h)(4)(C)(ii) of the
Internal Revenue Code of 1986, and an appraisal with respect to the contribution, the amendments made by subsections (a) and (b) [enacting
section 6695A of this title and amending sections 6662, 6664, and 6696 of this title] shall apply to returns filed after
July 25, 2006.”
Pub. L. 109–280, title XII, § 1234(d), Aug. 17, 2006, 120 Stat. 1101, provided that:
“The amendments made by this section [amending this section and sections
2055 and
2522 of this title] shall apply to contributions made after the date which is 180 days after the date of the enactment of this Act [
Aug. 17, 2006].”
Pub. L. 109–222, title II, § 204(c), May 17, 2006, 120 Stat. 350, provided that:
“The amendments made by this section [amending this section and
section 1221 of this title] shall apply to sales and exchanges in taxable years beginning after the date of the enactment of this Act [
May 17, 2006].”
Effective Date of 2005 Amendments
Amendments by Pub. L. 109–135 effective as if included in the provisions of the American Jobs Creation Act of 2004, Pub. L. 108–357, to which they relate, see section 403(nn) of Pub. L. 109–135, set out as a note under section 26 of this title.
Pub. L. 109–73, title III, § 305(b), Sept. 23, 2005, 119 Stat. 2025, provided that:
“The amendment made by this section [amending this section] shall apply to contributions made on or after August 28, 2005, in taxable years ending after such date.”
Pub. L. 109–73, title III, § 306(b), Sept. 23, 2005, 119 Stat. 2026, provided that:
“The amendments made by this section [amending this section] shall apply to contributions made on or after August 28, 2005, in taxable years ending after such date.”
Effective Date of 2004 Amendments
Pub. L. 108–357, title III, § 335(b), Oct. 22, 2004, 118 Stat. 1479, provided that:
“The amendments made by subsection (a) [amending this section] shall apply to contributions made after December 31, 2004.”
Amendment by section 413(c)(30) of Pub. L. 108–357 applicable to taxable years of foreign corporations beginning after Dec. 31, 2004, and to taxable years of United States shareholders with or within which such taxable years of foreign corporations end, see section 413(d)(1) of Pub. L. 108–357, set out as an Effective and Termination Dates of 2004 Amendments note under section 1 of this title.
Pub. L. 108–357, title VIII, § 882(f), Oct. 22, 2004, 118 Stat. 1631, provided that:
“The amendments made by this section [amending this section and
section 6050L of this title] shall apply to contributions made after
June 3, 2004.”
Pub. L. 108–357, title VIII, § 883(b), Oct. 22, 2004, 118 Stat. 1632, provided that:
“The amendment made by this section [amending this section] shall apply to contributions made after June 3, 2004.”
Pub. L. 108–357, title VIII, § 884(c), Oct. 22, 2004, 118 Stat. 1634, provided that:
“The amendments made by this section [enacting
section 6720 of this title and amending this section] shall apply to contributions made after
December 31, 2004.”
Amendment by section 207(15), (16) of Pub. L. 108–311 applicable to taxable years beginning after Dec. 31, 2004, see section 208 of Pub. L. 108–311, set out as a note under section 2 of this title.
Pub. L. 108–311, title III, § 306(b), Oct. 4, 2004, 118 Stat. 1179, provided that:
“The amendment made by this section [amending this section] shall apply to contributions made in taxable years beginning after December 31, 2003.”
Effective Date of 1999 Amendment
Pub. L. 106–170, title V, § 532(d), Dec. 17, 1999, 113 Stat. 1931, provided that:
“The amendments made by this section [amending this section and sections
198,
263A,
267,
341,
367,
475,
543,
751,
775,
818,
856,
857,
864,
865,
871,
954,
988,
995,
1017,
1092,
1221,
1231,
1234,
1256,
1362,
1397B,
4662, and
7704 of this title] shall apply to any instrument held, acquired, or entered into, any transaction entered into, and supplies held or acquired on or after the date of the enactment of this Act [
Dec. 17, 1999].”
Pub. L. 106–170, title V, § 537(b), Dec. 17, 1999, 113 Stat. 1938, provided that:
“(1) In general.—
Except as otherwise provided in this section [amending this section], the amendment made by this section shall apply to transfers made after February 8, 1999.
“(2) Excise tax.—
Except as provided in paragraph (3) of this subsection, section 170(f)(10)(F) of the
Internal Revenue Code of 1986 (as added by this section) shall apply to premiums paid after the date of the enactment of this Act [
Dec. 17, 1999].
“(3) Reporting.—
Clause (iii) of such
section 170(f)(10)(F) shall apply to premiums paid after
February 8, 1999 (determined as if the tax imposed by such section applies to premiums paid after such date).”
Effective Date of 1998 Amendments
Pub. L. 105–277, div. J, title I, § 1004(a)(2), Oct. 21, 1998, 112 Stat. 2681–888, provided that:
“The amendment made by paragraph (1) [amending this section] shall apply to contributions made after June 30, 1998.”
Amendment by Pub. L. 105–206 effective, except as otherwise provided, as if included in the provisions of the Taxpayer Relief Act of 1997, Pub. L. 105–34, to which such amendment relates, see section 6024 of Pub. L. 105–206, set out as a note under section 1 of this title.
Effective Date of 1997 Amendment
Pub. L. 105–34, title II, § 224(b), Aug. 5, 1997, 111 Stat. 820, provided that:
“The amendment made by this section [amending this section] shall apply to taxable years beginning after December 31, 1997.”
Pub. L. 105–34, title V, § 508(e)(2), Aug. 5, 1997, 111 Stat. 860, provided that:
“The amendments made by subsections (c) and (d) [amending this section and
section 2032A of this title] shall apply to easements granted after
December 31, 1997.”
Pub. L. 105–34, title VI, § 602(b), Aug. 5, 1997, 111 Stat. 862, provided that:
“The amendment made by subsection (a) [amending this section] shall apply to contributions made after May 31, 1997.”
Pub. L. 105–34, title IX, § 973(b), Aug. 5, 1997, 111 Stat. 898, provided that:
“The amendment made by subsection (a) [amending this section] shall apply to taxable years beginning after December 31, 1997.”
Effective Date of 1996 Amendment
Pub. L. 104–188, title I, § 1206(b), Aug. 20, 1996, 110 Stat. 1776, provided that:
“The amendment made by this section [amending this section] shall apply to contributions made after June 30, 1996.”
Pub. L. 104–188, title I, § 1316(f), Aug. 20, 1996, 110 Stat. 1787, provided that:
“The amendments made by this section [amending this section and sections
404,
512,
1042, and
1361 of this title] shall apply to taxable years beginning after
December 31, 1997.”
Effective Date of 1988 Amendment
Pub. L. 100–647, title VI, § 6001(b), Nov. 10, 1988, 102 Stat. 3684, provided that:
“(1) In general.—
The amendment made by this section [amending this section] shall apply to taxable years beginning after December 31, 1983.
“(2) Waiver of statute of limitations.—
If on the date of the enactment of this Act [Nov. 10, 1988] (or at any time within 1 year after such date of enactment) refund or credit of any overpayment of tax resulting from the application of section 170(m) of the 1986 Code (as added by subsection (a)) is barred by any law or rule of law, refund or credit of such overpayment shall, nevertheless, be made or allowed if claim therefore [sic] is filed before the date 1 year after the date of the enactment of this Act.”
Effective Date of 1987 Amendment
Pub. L. 100–203, title X, § 10711(c), Dec. 22, 1987, 101 Stat. 1330–465, provided that:
“The amendments made by this section [amending this section and sections
501,
504,
2055,
2106, and
2522 of this title] shall apply with respect to activities after the date of the enactment of this Act [
Dec. 22, 1987].”
Effective Date of 1986 Amendment
Amendment by section 142(d) of Pub. L. 99–514 applicable to taxable years beginning after Dec. 31, 1986, see section 151(a) of Pub. L. 99–514, set out as a note under section 1 of this title.
Amendment by section 231(f) of Pub. L. 99–514 applicable to taxable years beginning after Dec. 31, 1985, see section 231(g) of Pub. L. 99–514, set out as a note under section 41 of this title.
Amendment by section 301(b)(2) of Pub. L. 99–514 applicable to taxable years beginning after Dec. 31, 1986, see section 301(c) of Pub. L. 99–514, set out as a note under section 62 of this title.
Amendment by section 1831 of Pub. L. 99–514 effective, except as otherwise provided, as if included in the provisions of the Tax Reform Act of 1984, Pub. L. 98–369, div. A, to which such amendment relates, see section 1881 of Pub. L. 99–514, set out as a note under section 48 of this title.
Effective Date of 1984 Amendment
Amendment by section 174(b)(5)(A) of Pub. L. 98–369, applicable to transactions after Dec. 31, 1983, in taxable years ending after that date, see section 174(c)(2)(A) of Pub. L. 98–369, set out as a note under section 267 of this title.
Pub. L. 98–369, div. A, title III, § 301(d), July 18, 1984, 98 Stat. 779, provided that:
“(1) Subsections (a) and (c).—
The amendments made by subsections (a) and (c) [amending this section] shall apply to contributions made in taxable years ending after the date of the enactment of this Act [July 18, 1984].
“(2) Subsection (b).—
The amendment made by subsection (b) [amending this section] shall apply to contributions made after the date of the enactment of this Act [July 18, 1984] in taxable years ending after such date.”
Pub. L. 98–369, div. A, title IV, § 492(d), July 18, 1984, 98 Stat. 854, provided that:
“The amendments made by this section [amending this section and sections
341,
453B,
751, and
1252 of this title and repealing
section 1251 of this title] shall apply to taxable years beginning after
December 31, 1983.”
Amendment by section 1022(b) of Pub. L. 98–369 applicable to reformations after Dec. 31, 1978, except inapplicable to any reformation to which section 2055(e)(3) of this title as in effect before July 18, 1984, applies, see section 1022(e)(1) of Pub. L. 98–369, set out as a note under section 2055 of this title.
Pub. L. 98–369, div. A, title X, § 1031(b), July 18, 1984, 98 Stat. 1033, provided that:
“The amendments made by subsection (a) [amending this section] shall apply to taxable years beginning after December 31, 1984.”
Pub. L. 98–369, div. A, title X, § 1032(c), July 18, 1984, 98 Stat. 1034, provided that:
“The amendments made by subsections (a) and (b) [amending this section and sections
501,
2055, and
2522 of this title] shall apply to taxable years beginning after the date of the enactment of this Act [
July 18, 1984].”
Pub. L. 98–369, div. A, title X, § 1035(b), July 18, 1984, 98 Stat. 1042, provided that:
“The amendment made by subsection (a) [amending this section] shall apply to contributions made after the date of the enactment of this Act [July 18, 1984].”
Effective Date of 1981 Amendment
Pub. L. 97–34, title I, § 121(d), Aug. 13, 1981, 95 Stat. 197, provided that:
“The amendments made by this section [amending this section and sections
3,
57, and
63 of this title] shall apply to contributions made after
December 31, 1981, in taxable years beginning after such date.”
Pub. L. 97–34, title II, § 222(b), Aug. 13, 1981, 95 Stat. 248, provided that:
“The amendment made by subsection (a) [amending this section] shall apply to
charitable contributions made after the date of the enactment of this Act [
Aug. 13, 1981], in taxable years ending after such date.”
Pub. L. 97–34, title II, § 263(b), Aug. 13, 1981, 95 Stat. 264, provided that:
“The amendment made by this section [amending this section] shall apply to taxable years beginning after December 31, 1981.”
Effective Date of 1980 Amendment
Pub. L. 96–541, § 6(d), Dec. 17, 1980, 94 Stat. 3208, provided that:
“The amendments made by subsections (a) and (b) [amending this section] shall apply to transfers made after the date of the enactment of this Act [Dec. 17, 1980] in taxable years ending after such date.”
Amendment by Pub. L. 96–465 effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of Title 22, Foreign Relations and Intercourse.
Effective Date of 1978 Amendment
Pub. L. 95–600, title IV, § 402(c)(2), Nov. 6, 1978, 92 Stat. 2868, provided that:
“The amendment made by subsection (b)(2) [amending this section by substituting “40 percent” for “50 percent”] shall apply to contributions made after October 31, 1978.”
Pub. L. 95–600, title IV, § 403(d)(2), Nov. 6, 1978, 92 Stat. 2869, provided that:
“The amendment made by paragraph (1) of subsection (c) [amending this section by substituting “28⁄46” for “62½ percent”] shall apply to gifts made after December 31, 1978.”
Effective Date of 1977 Amendment
Pub. L. 95–30, title III, § 309(b)(1), May 23, 1977, 91 Stat. 154, as amended by Pub. L. 96–541, § 6(c), Dec. 17, 1980, 94 Stat. 3207, provided that:
“The amendment made by subsection (a) [amending this section] shall apply with respect to contributions or transfers made after June 13, 1977.”
Effective Date of 1976 Amendment
Pub. L. 94–455, title X, § 1052(d), Oct. 4, 1976, 90 Stat. 1648, provided that:
“The amendments made by subsection (a) and paragraph (1) of subsection (c) [amending
section 922 of this title] shall apply with respect to taxable years beginning after
December 31, 1975. The amendments made by subsection (b) [repealing sections
921 and
922 of this title] and by subsection (c) (other than paragraph (1)) [amending this section and sections
172,
907,
1503, and
6091 of this title] shall apply with respect to taxable years beginning after
December 31, 1979.”
Amendment by section 1307 (d)(1)(B)(i), (c) of Pub. L. 94–455 effective for taxable years beginning after Dec. 31, 1976, see section 1307(e) of Pub. L. 94–455, set out as a note under section 501 of this title.
Amendment by section 1313(b)(1) of Pub. L. 94–455 effective Oct. 5, 1976, see section 1313(e) of Pub. L. 94–455, set out as a note under section 501 of this title.
Amendment by section 1901(a)(28) of Pub. L. 94–455 effective for taxable years beginning after Dec. 31, 1976, see section 1901(d) of Pub. L. 94–455, set out as a note under section 2 of this title.
Pub. L. 94–455, title XXI, § 2124(e)(4), Oct. 4, 1976, 90 Stat. 1920, as amended by Pub. L. 95–30, title III, § 309(b)(2), May 23, 1977, 91 Stat. 154; Pub. L. 96–541, § 6(c), Dec. 17, 1980, 94 Stat. 3207, provided that:
“The amendments made by this subsection [amending this section and sections
2055 and
2522 of this title] shall apply with respect to contributions or transfers made after
June 13, 1976.”
Pub. L. 94–455, title XXI, § 2135(b), Oct. 4, 1976, 90 Stat. 1929, provided that:
“The amendment made by this section [amending this section] applies to
charitable contributions made after the date of enactment of this Act [
Oct. 4, 1976], in taxable years ending after such date.”
Effective Date of 1969 Amendment
Amendment by section 101(j)(2) of Pub. L. 91–172 to take effect on Jan. 1, 1970, see section 101(k)(1) of Pub. L. 91–172, set out as an Effective Date note under section 4940 of this title.
Pub. L. 91–172, title II, § 201(g), Dec. 30, 1969, 83 Stat. 564, as amended by Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095, provided that:
“(1)
(A)
Except as provided in subparagraphs (B) and (C), the amendments made by subsection (a) [amending this section and sections
545,
556, and
809 of this title] shall apply to taxable years beginning after
December 31, 1969.
“(B)
Subsections (e) and (f)(1) of section 170 of the
Internal Revenue Code of 1986 [formerly I.R.C. 1954] (as amended by subsection (a)) shall apply to contributions paid after
December 31, 1969, except that, with respect to a letter or memorandum or similar property described in section 1221(3) of such Code (as amended by section 514 of this Act), such subsection (e) shall apply to contributions paid after
July 25, 1969.
“(C)
Paragraphs (2), (3), and (4) of section 170(f) of such Code (as amended by subsection (a)) shall apply to transfers in trust and contributions made after July 31, 1969.
“(D)
For purposes of applying section 170(d) of such Code (as amended by subsection (a)) with respect to contributions paid in a taxable year beginning before January 1, 1970, subsection (b)(1)(D), subsection (e), and paragraphs (1), (2), (3), and (4) of subsection (f) of section 170 of such Code shall not apply.
“(2)
The amendments made by subsection (b) [amending
section 642 of this title] shall apply with respect to amounts paid, permanently set aside, or to be used for a charitable purpose in taxable years beginning after
December 31, 1969, except that section 642(c)(5) of the
Internal Revenue Code of 1986 (as added by subsection (b)) shall apply to transfers in trust made after
July 31, 1969.
“(3)
The amendment made by subsection (c) [amending
section 673 of this title] shall apply to transfers in trust made after
April 22, 1969.
“(4)
(A)
Except as provided in subparagraphs (B) and (C), the amendments made by paragraphs (1) and (2) of subsection (d) [amending sections
2055 and
2126 of this title] shall apply in the case of decedents dying after
December 31, 1969.
“(B) Such amendments shall not apply in the case of property passing under the terms of a will executed on or before October 9, 1969—
“(i)
if the decedent dies before October 9, 1972, without having republished the will after October 9, 1969, by codicil or otherwise,
“(ii)
if the decedent at no time after
October 9, 1969, had the right to change the portions of the will which pertain to the passing of the property to, or for the use of, an organization described in
section 2055(a) [
section 2055(a) of this title], or
“(iii)
if the will is not republished by codicil or otherwise before October 9, 1972, and the decedent is on such date and at all times thereafter under a mental disability to republish the will by codicil or otherwise.
“(C) Such amendments shall not apply in the case of property transferred in trust on or before October 9, 1969—
“(i)
if the decedent dies before
October 9, 1972, without having amended after
October 9, 1969, the instrument governing the
disposition of the property,
“(ii)
if the property transferred was an irrevocable interest to, or for the use of, an organization described in section 2055(a), or
“(iii)
if the instrument governing the
disposition of the property was not amended by the decedent before
October 9, 1972, and the decedent is on such date and at all times thereafter under a mental disability to change the
disposition of the property.
“(D)
The amendment made by paragraph (3) of subsection (d) [amending
section 2522 of this title] shall apply to gifts made after
December 31, 1969, except that the amendments made to section 2522(c)(2) of the
Internal Revenue Code of 1986 shall apply to gifts made after
July 31, 1969.
“(E)
The amendments made by paragraph (4) of subsection (d) [amending sections
2055,
2106, and
2522 of this title] shall apply to gifts and transfers made after
December 31, 1969.
“(5)
The amendment made by subsection (e) [enacting
section 664 of this title] shall apply to transfers in trust made after
July 31, 1969.
“(6)
The amendments made by subsection (f) [amending
section 1011 of this title] shall apply with respect to sales made after
December 19, 1969.”
Pub. L. 91–172, title II, § 201(h)(2), Dec. 30, 1969, 83 Stat. 565, provided that:
“The amendment made by this subsection [amending this section] shall apply to taxable years beginning after December 31, 1968.”
Effective Date of 1964 Amendment
Pub. L. 88–272, title II, § 209(f), Feb. 26, 1964, 78 Stat. 47, as amended by Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095, provided that:
“(1)
The amendments made by subsections (a), (b), and (c) [amending this section and sections
545 and
556 of this title], shall apply with respect to contributions which are paid in taxable years beginning after
December 31, 1963.
“(2)
The amendments made by subsection (d) [amending this section and
section 381 of this title] shall apply to taxable years beginning after
December 31, 1963, with respect to contributions which are paid (or treated as paid under section 170(a)(2) of the
Internal Revenue Code of 1986 [formerly I.R.C. 1954]) in taxable years beginning after
December 31, 1961.
“(3) The amendments made by subsection (e) [amending this section] shall apply to transfers of future interests made after December 31, 1963, in taxable years ending after such date, except that such amendments shall not apply to any transfer of a future interest made before July 1, 1964, where—
“(A)
the sole intervening interest or right is a nontransferable life interest reserved by the donor, or
“(B)
in the case of a joint gift by husband and wife, the sole intervening interest or right is a nontransferable life interest reserved by the donors which expires not later than the death of whichever of such donors dies later.
For purposes of the exception contained in the preceding sentence, a right to make a transfer of the reserved life interest to the donee of the future interest shall not be treated as making a life interest transferable.”
Amendment by section 231(b)(1) of Pub. L. 88–272 applicable to dispositions after Dec. 31, 1963, in taxable years ending after such date, see section 231(c) of Pub. L. 88–272, set out as an Effective Date note under section 1250 of this title.
Effective Date of 1958 Amendment
Pub. L. 85–866, title I, § 10(b), Sept. 2, 1958, 72 Stat. 1609, provided that:
“The amendment made by subsection (a) [amending this section] shall apply with respect to taxable years beginning after December 31, 1957.”
Amendment by section 11 of Pub. L. 85–866 applicable to taxable years beginning after Dec. 31, 1953, and ending after Aug. 16, 1954, see section 1(c)(1) of Pub. L. 85–866, set out as a note under section 165 of this title.
Pub. L. 85–866, title I, § 12(b), Sept. 2, 1958, 72 Stat. 1610, provided that:
“The amendment made by subsection (a) [amending this section] shall apply to taxable years ending after
December 31, 1957, but only with respect to
charitable contributions made after such date.”
Effective Date of 1956 Amendment
Act Aug. 7, 1956, ch. 1031, § 2, 70 Stat. 1118, provided that:
“The amendment made by this Act [amending this section] shall apply only with respect to taxable years beginning after December 31, 1955.”
Savings Provision
For provisions that nothing in amendment by section 401(b)(14) of Pub. L. 115–141 be construed to affect treatment of certain transactions occurring, property acquired, or items of income, loss, deduction, or credit taken into account prior to Mar. 23, 2018, for purposes of determining liability for tax for periods ending after Mar. 23, 2018, see section 401(e) of Pub. L. 115–141, set out as a note under section 23 of this title.
For provisions that nothing in amendment by Pub. L. 101–508 be construed to affect treatment of certain transactions occurring, property acquired, or items of income, loss, deduction, or credit taken into account prior to Nov. 5, 1990, for purposes of determining liability for tax for periods ending after Nov. 5, 1990, see section 11821(b) of Pub. L. 101–508, set out as a note under section 45K of this title.
Transfer of Functions
United States International Development Cooperation Agency (other than Agency for International Development and Overseas Private Investment Corporation) abolished and functions and authorities transferred, see sections 6561 and 6562 of Title 22, Foreign Relations and Intercourse.
For transfer of functions, personnel, assets, and liabilities of the Overseas Private Investment Corporation to the United States International Development Finance Corporation and treatment of related references, see sections 9683 and 9686(d) of Title 22, Foreign Relations and Intercourse.
Extension of Statute of Limitations for Listed Transactions
Pub. L. 117–328, div. T, title VI, § 605(a)(3), Dec. 29, 2022, 136 Stat. 5395, provided that:
“Any contribution with respect to which any deduction was disallowed by reason of section 170(h)(7) of the
Internal Revenue Code of 1986 (as added by this subsection) shall be treated for purposes of sections 6501(c)(10) and 6235(c)(6) of such Code as a transaction specifically identified by the Secretary as a tax avoidance transaction for purposes of section 6011 of such Code.”
Safe Harbors and Opportunity for Donor to Correct Certain Deed Errors
Pub. L. 117–328, div. T, title VI, § 605(d), Dec. 29, 2022, 136 Stat. 5395, provided that:
“(1) In general.—
The Secretary of the Treasury (or such Secretary’s delegate) shall, within 120 days after the date of the enactment of this Act [Dec. 29, 2022], publish safe harbor deed language for extinguishment clauses and boundary line adjustments.
“(2) Opportunity to correct.—
“(A) In general.—During the 90-day period beginning on the date of publication of the safe harbor deed language under paragraph (1), a donor may amend an easement deed to substitute the safe harbor language for the corresponding language in the original deed if—
“(i)
the amended deed is signed by the donor and donee and recorded within such 90-day period, and
“(ii)
such amendment is treated as effective as of the date of the recording of the original easement deed.
“(B) Exceptions.—Subparagraph (A) shall not apply to an easement deed relating to any contribution—
“(i) which—
“(II)
is described in Internal Revenue Service Notice 2017–10,
“(iii)
if a deduction for such contribution under section 170 of such Code has been disallowed by the Secretary of the Treasury (or such Secretary’s delegate), and the donor is contesting such disallowance in a case which is docketed in a Federal court on a date before the date the amended deed is recorded by the donor, or
“(iv) if a claimed deduction for such contribution under section 170 of such Code resulted in an underpayment to which a penalty under section 6662 or 6663 of such Code applies and—
“(I)
such penalty has been finally determined administratively, or
“(II)
if such penalty is challenged in court, the judicial proceeding with respect to such penalty has been concluded by a decision or judgment which has become final.”
Temporary Modification of Limitations on Charitable Contributions
Pub. L. 116–136, div. A, title II, § 2205, Mar. 27, 2020, 134 Stat. 345, as amended by Pub. L. 116–260, div. EE, title II, § 213(a), (b), Dec. 27, 2020, 134 Stat. 3068, provided that:
“(a) Temporary Suspension of Limitations on Certain Cash Contributions.—
“(1) In general.—
Except as otherwise provided in paragraph (2), qualified contributions shall be disregarded in applying subsections (b) and (d) of section 170 of the
Internal Revenue Code of 1986.
“(2) Treatment of excess contributions.—For purposes of section 170 of the Internal Revenue Code of 1986—
“(A) Individuals.—In the case of an individual—
“(i) Limitation.—
Any qualified contribution shall be allowed as a deduction only to the extent that the aggregate of such contributions does not exceed the excess of the taxpayer’s
contribution base (as defined in subparagraph (H) of section 170(b)(1) of such Code) over the amount of all other
charitable contributions allowed under section 170(b)(1) of such Code.
“(ii) Carryover.—
If the aggregate amount of qualified contributions made in the contribution year (within the meaning of section 170(d)(1) of such Code) exceeds the limitation of clause (i), such excess shall be added to the excess described in section 170(b)(1)(G)(ii).
“(B) Corporations.—In the case of a corporation—
“(i) Limitation.—
Any qualified contribution shall be allowed as a deduction only to the extent that the aggregate of such contributions does not exceed the excess of 25 percent of the taxpayer’s taxable income (as determined under paragraph (2) of section 170(b) of such Code) over the amount of all other
charitable contributions allowed under such paragraph.
“(ii) Carryover.—
If the aggregate amount of qualified contributions made in the contribution year (within the meaning of section 170(d)(2) of such Code) exceeds the limitation of clause (i), such excess shall be appropriately taken into account under section 170(d)(2) subject to the limitations thereof.
“(3) Qualified contributions.—
“(A) In general.—For purposes of this subsection, the term ‘qualified contribution’ means any charitable contribution (as defined in section 170(c) of the Internal Revenue Code of 1986) if—
“(i)
such contribution is paid in cash during calendar year 2020 or 2021 to an organization described in section 170(b)(1)(A) of such Code, and
“(ii)
the taxpayer has elected the application of this section with respect to such contribution.
“(B) Exception.—Such term shall not include a contribution by a donor if the contribution is—
“(ii)
for the establishment of a new, or maintenance of an existing, donor advised fund (as defined in section 4966(d)(2) of such Code).
“(C) Application of election to partnerships and s corporations.—
In the case of a partnership or S corporation, the election under subparagraph (A)(ii) shall be made separately by each partner or shareholder.
“(b) Increase in Limits on Contributions of Food Inventory.—
In the case of any
charitable contribution of food during 2020 or 2021 to which section 170(e)(3)(C) of the
Internal Revenue Code of 1986 applies, subclauses (I) and (II) of clause (ii) thereof shall each be applied by substituting ‘25 percent’ for ‘15 percent.’
“(c) Effective Date.—
This section shall apply to taxable years ending after December 31, 2019.”
[Pub. L. 116–260, div. EE, title II, § 213(c), Dec. 27, 2020, 134 Stat. 3068, provided that:
“The amendments made by this section [amending
section 2205 of Pub. L. 116–136, set out above] shall apply to contributions made after
December 31, 2020.”
]
Anti-Abuse Rules
Pub. L. 108–357, title VIII, § 882(e), Oct. 22, 2004, 118 Stat. 1631, provided that:
“The Secretary of the Treasury may prescribe such regulations or other guidance as may be necessary or appropriate to prevent the avoidance of the purposes of section 170(e)(1)(B)(iii) of the Internal Revenue Code of 1986 (as added by subsection (a)), including preventing—
“(1)
the circumvention of the reduction of the charitable deduction by embedding or bundling the patent or similar property as part of a
charitable contribution of property that includes the patent or similar property,
“(2)
the manipulation of the basis of the property to increase the amount of the charitable deduction through the use of related persons, pass-thru entities, or other intermediaries, or through the use of any provision of law or regulation (including the consolidated return regulations), and
“(3)
a donor from changing the form of the patent or similar property to property of a form for which different deduction rules would apply.”
Authority To Waive Appraisal Requirement for Certain Charitable Contributions of Property
Pub. L. 100–647, title VI, § 6281, Nov. 10, 1988, 102 Stat. 3755, provided that:
“Notwithstanding paragraph (2) of section 155(a) of the
Tax Reform Act of 1984 [
section 155(a)(2) of Pub. L. 98–369, set out below], the Secretary of the Treasury or his delegate may in the regulations prescribed pursuant to such section waive the requirement of a
qualified appraisal in the case of a qualified contribution (within the meaning of section 170(e)(3)(A) of the 1986 Code) of property described in section 1221(1) [probably means section 1221(1) of the 1986 Code] with a claimed value in excess of $5,000.”
Plan Amendments Not Required Until January 1, 1989
For provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§ 1101–1147 and 1171–1177] or title XVIII [§§ 1800–1899A] of Pub. L. 99–514 require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after Jan. 1, 1989, see section 1140 of Pub. L. 99–514, as amended, set out as a note under section 401 of this title.
Treatment of Certain Amounts Paid to or for the Benefit of Certain Institutions of Higher Education
Pub. L. 99–514, title XVI, § 1608, Oct. 22, 1986, 100 Stat. 2771, which related to treatment of certain amounts paid to or for the benefit of certain institutions of higher education, was repealed by Pub. L. 100–647, title I, § 1016(b), Nov. 10, 1988, 102 Stat. 3575.
Substantiation of Charitable Contributions of Property
Pub. L. 98–369, div. A, title I, § 155(a), July 18, 1984, 98 Stat. 691, as amended by Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095, provided that:
“(1) In general.—Not later than December 31, 1984, the Secretary shall prescribe regulations under section 170(a)(1) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954], which require any individual, closely held corporation, or personal service corporation claiming a deduction under section 170 of such Code for a contribution described in paragraph (2)—
“(B)
to attach an appraisal summary to the return on which such deduction is first claimed for such contribution, and
“(C)
to include on such return such additional information (including the cost basis and acquisition date of the contributed property) as the Secretary may prescribe in such regulations.
“(2) Contributions to which paragraph (1) applies.—For purposes of paragraph (1), a contribution is described in this paragraph—
“(A)
if such contribution is of property (other than publicly traded securities), and
“(B)
if the claimed value of such property (plus the claimed value of all similar items of property donated to 1 or more donees) exceeds $5,000.
In the case of any property which is nonpublicly traded stock, subparagraph (B) shall be applied by substituting ‘$10,000’ for ‘$5,000’.
“(3) Appraisal summary.—
For purposes of this subsection, the appraisal summary shall be in such form and include such information as the Secretary prescribes by regulations. Such summary shall be signed by the
qualified appraiser preparing the
qualified appraisal and shall contain the TIN of such appraiser. Such summary shall be acknowledged by the donee of the property appraised in such manner as the Secretary prescribes in such regulations.
“(4) Qualified appraisal.—The term ‘qualified appraisal’ means an appraisal prepared by a qualified appraiser which includes—
“(A)
a description of the property appraised,
“(B)
the fair market value of such property on the date of contribution and the specific basis for the valuation,
“(C)
a statement that such appraisal was prepared for income tax purposes,
“(E)
the signature and TIN of such appaiser, [sic] and
“(F)
such additional information as the Secretary prescribes in such regulations.
“(5) Qualified appraiser.—
“(A) In general.—For purposes of this subsection, the term ‘qualified appraiser’ means an appraiser qualified to make appraisals of the type of property donated, who is not—
“(ii)
a party to the transaction in which the taxpayer acquired the property,
“(iv)
any person employed by any of the foregoing persons or related to any of the foregoing persons under section 267(b) of the
Internal Revenue Code of 1986, or
“(v)
to the extent provided in such regulations, any person whose relationship to the taxpayer would cause a reasonable person to question the independence of such appraiser.
“(B) Appraisal fees.—
For purposes of this subsection, an appraisal shall not be treated as a
qualified appraisal if all or part of the fee paid for such appraisal is based on a percentage of the appraised value of the property. The preceding sentence shall not apply to fees based on a sliding scale that are paid to a generally recognized association regulating appraisers.
“(6) Other definitions.—For purposes of this subsection—
“(A) Closely held corporation.—
The term ‘closely held corporation’ means any corporation (other than an S corporation) with respect to which the stock ownership requirement of paragraph (2) of section 542(a) of such Code is met.
“(B) Personal service corporation.—
The term ‘personal service corporation’ means any corporation (other than an S corporation) which is a service organization (within the meaning of section 414(m)(3) of such Code).
“(C) Publicly traded securities.—
The term ‘publicly traded securities’ means securities for which (as of the date of the contribution) market quotations are readily available on an established securities market.
“(D) Nonpublicly traded stock.—
The term ‘nonpublicly traded stock’ means any stock of a corporation which is not a publicly traded security.
“(E) The secretary.—
The term ‘Secretary’ means the Secretary of the Treasury or his delegate.”
Deduction of Contributions to Certain Organizations for Judicial Reform
Pub. L. 87–834, § 29, Oct. 16, 1962, 76 Stat. 1068, as amended by Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095, provided that:
“For purposes of section 170 of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] (relating to deduction for charitable, etc., contributions and gifts), a contribution or gift made after December 31, 1961, with respect to a referendum occurring during the calendar year 1962 to or for the use of any nonprofit organization created and operated exclusively—
“(1)
to consider proposals for the reorganization of the judicial branch of the government of any State of the United States or political subdivision of such State, and
“(2)
to provide information, make recommendations, and seek public support or opposition as to such proposals,
shall be treated as a
charitable contribution if no part of the net earnings of such organization inures to the benefit of any private shareholder or individual. The provisions of the preceding sentence shall not apply to any organization which participates in, or intervenes in, any political campaign on behalf of any candidate for public office.”