I have a client that wants to run his donations through "marketing expense" because someone somewhere told him he could. I don't think so but I'll ask for other input. Business is sole-prop.
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Originally posted by taxdude71 View PostI have a client that wants to run his donations through "marketing expense" because someone somewhere told him he could. I don't think so but I'll ask for other input. Business is sole-prop.
But do make a distinction between actual contributions out of the goodness of one's heart,
to those $25,50 or !00 amounts paid for advertisements in organiations' yearbooks, pamphlets, programs, etc. Now that is advertising.ChEAr$,
Harlan Lunsford, EA n LA
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Originally posted by ChEAr$ View PostIf it's a true donation/contribution to a recognized charity/church, of course it's not okay.
But do make a distinction between actual contributions out of the goodness of one's heart,
to those $25,50 or !00 amounts paid for advertisements in organiations' yearbooks, pamphlets, programs, etc. Now that is advertising.
LTOnly in government or politics is a "cut in spending" really an increase. It's just not as much of an increase as they wanted it to be, therefore a "cut".
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Facts & Circumstances
The way your client told you -- No. However, if he's advertising in the Chamber of Commerce program or otherwise receiving publicity in exchange for his business monies, then he very well might have a marketing or advertising expense for his business instead of a charitable contribution. Facts and circumstances.
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Taxea
I completely agree that "business gifts" can only be deducted up to $25 per person per year. However in my neck of the woods churches and other charities especially theater groups often sell listings programs and in mailings. There is a specified cost for a given listing. There may or may not be different kinds of listings at different prices but there is always a specific usually written agreement that the business is paying a given fee for a particular listing. Thus it isn't at all similar to the case where someone makes a gift and then it gets acknowledged in some way that wasn't negotiated in advance. I've never handled the tax reporting of a charity but I would think that if reported at all this would be unrelated business taxable income to the charity. Would you have a problem deducting it as an advertising expense for a Sch C business?
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is the listing just a list of donors or is it some kind of ad for the business. I look at it this way...if it doesnt qualify as an ad or a promotional item a business return, other than C Corp, the return creates a K-1 for the owners and donations go on the K-1 then are deducted on the Sch A of the individual return.
It stands to reason for me with a Sch C that if it doesn't qualify as a gift, advertising or promotional item it goes on the Sch A.Believe nothing you have not personally researched and verified.
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