United States Tax Benefits
The following information is presented for general information only. Consult with your Attorney or Tax Consultant to determine its application to your specific organization and situation.
Current Tax Law
U.S. Congress enacted Section 170 of the Internal Revenue Code in 1976 to encourage donations by allowing C corporations to earn an enhanced tax deduction for donating selected surplus property, including food.
The Code provides that wholesome food that is properly saved, donated to an approved agency and properly receipted is eligible for an enhanced tax deduction. This enhanced deduction is equal to ½ of the donated food’s appreciated value, with the limitation that the total deduction cannot exceed twice the donated food’s basis cost. This incremental tax deduction is calculated from the donated food’s fair market value and basis food and labor cost. The IRS may challenge the value of donated food.
The Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (H.R.4853, Public Law 111-312) signed on December 17, 2010 extended the enhanced charitable deduction for contributions of food inventory provisions of KETRA. This provision provides a two-year extension for non-C corps, retro-active to January 1, 2010, extended to December 31, 2011.
See an explanation of how this enhanced tax deduction applies to donation of wholesome food.
Fair market value (FMV) continues to be evaluated by the IRS on a company by company basis. Congress’ intention to encourage this type of donation would be enhanced by codifying an important Tax Court ruling regarding FMV determinations.
Other Important Potential Tax Legislation
The Good Samaritan Hunger Relief Tax Incentive Extension Act of 2009 (S. 1313) was introduced on June 22, 2009 by Senator Lugar (R-IN) and Blanche Lincoln (D-AR). Senators Patrick Leahy (D-VT), Dick Durbin (D-IL), Bernie Sanders (I-VT), Pat Roberts (R-KS) and Debbie Stabenow (D-MI) are co-sponsors of this legislation. This legislation amends the Internal Revenue Code of 1986 to permanently extend the charitable deduction for contributions of food inventory.
An Extension and Expansion of Charitable Deduction of Contributions of Food Inventory was announced by Representative Sander Levin (D-MI) on July 15, 2009 (Press Release). Representative Geoff Davis (R-KY) co-sponsored this legislation. The legislation (H.R. 3227) permanently extends the current tax deduction so that all business taxpayers are eligible and provides a two year increase in the amount of the deduction to address the increased need during the recession and economic recovery.
***Another concern from our donors is liability of donated products. Please refer to the Bill Emerson Good Samaritan Food Donation Act's Legislation
You can make a difference
SeaShare needs your support to continue to build and expand our unique hunger-relief programs. Here are the kinds of support SeaShare needs to succeed: donate seafood, donate services and supplies, or provide financial support.