dzb141 As I have it in my notes:
Individual Charitable Contributions: Overall Limit of 50% of AGI
– Cash May be all 50% of AGI
– General Property – Lesser of Basis (NBV) or FMV
– Long Term Appreciated Property is limited to the lesser of:
* 30% of AGI OR
* The remaining amount to reach 50% after cash contributions.
So the property that you have contributed has NOT appreciated, you only get to deduct the FMV (since that is lesser than the basis).
I believe that corporations follow the same rules, except the deductible amount is 10% of the adjustable taxable income limitation.
Essentially, you cannot take an asset that should have been written down (basis is 100 but the FMV is 50) and contribute it to a charity and take the full deduction allowed on the higher amount. If the Charity was going to sell it, they couldn't use your higher adjusted basis, they can only sell it for the lower FMV.
FAR Aug 2012 79
AUD Oct 2012 84
REG Aug 2013 87
BEC Jan 2013 80