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Published by Eva Rosenberg, MBA, EA

Volume 6, Issue 274        September 3, 2004

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» From: Somerville, MA

Dear TaxMama:

I'm an independent software developer and I have a new client that is a 501(c)3 non-profit.

They asked me to reduce my rate by $10/hr because of budget concerns.

I asked if I could instead donate $10/hr hour back to them as a tax deductible donation and they thought that would be fine.

They told me to note the donation amount on my invoice and that would be enough for a tax receipt.

Do you see any problems with the arrangement or issues I may have come tax time?

Thanks,

Ron

TaxMama Replies

Hi Ron,

That's kind and generous and wonderful!

But, you betcha! I DO see problems with the arrangement.

Have them pay you your full invoice.

Then write a check to them for your donation. And since your donation is going to be for more than $250, they MUST give you a receipt or confirmation, on their stationery or letterhead to confirm the donation.

Otherwise, you will pick up your full fee as income, but you won't have a donation.

That's all resolved, right? Nope. There's more.

Another problem I see is that you will be picking up your full fee as income. But you will be deducting the donation as an itemized deduction - as a charitable contribution. So you'll be paying self-employment taxes (15.3%) on the amount of the donation.

Sure, you could try to deduct the donation as a business expense. But that is a grey area - and you might lose it on audit. There are no guarantees.

The easiest way, all around, is to do what they asked in the first place - simply reduce your fee.

Sorry ... but it's more complicated than it needs to be, when you want to be helpful.

Best wishes,

Eva Rosenberg
Your TaxMama


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