Loopholes > Federal > Charitable Estate Tax Deduction
DEDUCTION HIGH SAVINGS ESTATE

Charitable Estate Tax Deduction

IRC §2055

Provides an unlimited deduction for transfers of property to qualified religious, charitable, scientific, or educational organizations.

Eligibility

Bequests must be made to qualified 501(c)(3) organizations, government entities for public purposes, or veterans' organizations.

Frequently Asked Questions

Who is eligible for the Charitable Estate Tax Deduction?

Bequests must be made to qualified 501(c)(3) organizations, government entities for public purposes, or veterans' organizations.

How does the Charitable Estate Tax Deduction work?

Provides an unlimited deduction for transfers of property to qualified religious, charitable, scientific, or educational organizations.

What law authorizes the Charitable Estate Tax Deduction?

The Charitable Estate Tax Deduction is authorized under IRC §2055 of the Internal Revenue Code (Title 26, United States Code).

Statutory Text — IRC §2055

Source: Internal Revenue Code, Title 26, United States Code

§ 2055. Transfers for public, charitable, and religious uses(a) In generalFor purposes of the tax imposed by section 2001, the value of the taxable estate shall be determined by deducting from the value of the gross estate the amount of all bequests, legacies, devises, or transfers—(1) to or for the use of the United States, any State, any political subdivision thereof, or the District of Columbia, for exclusively public purposes; (2) to or for the use of any corporation organized and operated exclusively for religious, charitable, scientific, literary, or educational purposes, including the encouragement of art, or to foster national or international amateur sports competition (but only if no part of its activities involve the provision of athletic facilities or equipment), and the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private stockholder or individual, which is not disqualified for tax exemption under section 501(c)(3) by reason of attempting to influence legislation, and which does not participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of (or in opposition to) any candidate for public office; (3) to a trustee or trustees, or a fraternal society, order, or association operating under the lodge system, but only if such contributions or gifts are to be used by such trustee or trustees, or by such fraternal society, order, or association, exclusively for religious, charitable, scientific, literary, or educational purposes, or for the prevention of cruelty to children or animals, such trust, fraternal society, order, or association would not be disqualified for tax exemption under section 501(c)(3) by reason of attempting to influence legislation, and such trustee or trustees, or such fraternal society, order, or association, does not participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of (or in opposition to) any candidate for public office; (4) to or for the use of any veterans’ organization incorporated by Act of Congress, or of its departments or local chapters or posts, no part of the net earnings of which inures to the benefit of any private shareholder or individual; or (5) to an employee stock ownership plan if such transfer qualifies as a qualified gratuitous transfer of qualified employer securities within the meaning of section 664(g).

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