Montana Form Qec - Qualified Endowment Credit - 2012 Page 4

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has met the following requirements at the time the annuity
The credit allowed against corporation license tax or
is issued:
income tax liability for a contribution of a planned gift is
40% of the present value of the allowable contribution.
Have a minimum of $300,000 net worth or a
minimum $100,000 in unrestricted cash, cash
The credit allowed against corporation license tax or
equivalent or public traded securities;
income tax liability for a direct contribution is equal to 20%
of the charitable contribution.
Have been in business for at least three years;
Line 7. Multiply the amount on line 5 by the percentage on
Have one-half of the outstanding annuity
line 6. Do not enter more than $10,000.
maintained in a separate annuity fund.
Please note the following limitations on the qualified
If the above requirements are not met, the gift annuity must
endowment credit:
be commercially insured by a licensed insurance company
qualified to do business in Montana.
The maximum credit that may be claimed by a
taxpayer for contributions made from all sources in
Charitable gift annuity. This is the transfer of cash
a year is $10,000.
or property to a charity in exchange for the charity’s
promise to pay the donor and, if applicable, the
The credit may not exceed the taxpayer’s income
surviving annuitant, a lifetime annuity. This type of
tax liability.
annuity is considered a bargain sale that results in
There is no carryback or carryforward of the credit.
part taxable gain and a charitable deduction. The
annuity agreement must provide that the interest of the
The credit must be applied to the tax year in which
annuitant(s) in the gift annuity may not be assigned
the contribution is made.
to the qualified endowment sooner than the earlier
To learn more about the endowments state-wide, visit the
of the date of death of the annuitant(s) or five years
Governor’s Task Force on Endowed Philanthropy website
after the date of the contribution. The charitable
organization issuing the annuity must also meet
Administrative Rules of Montana: 42.4.2701 through
additional requirements imposed in 33-20-701, MCA
that are administered by the Montana Commissioner of
42.4.2708
Insurance.
Questions? Please call us toll free at (866) 859-2254 (in
Deferred charitable gift annuity. This is an annuity in
Helena, 444-6900).
which payments to the donor do not begin until a future
date. Deferred charitable gift annuities are subject to
the same requirements as charitable gift annuities. In
addition, the payment of the annuity has to begin within
the life expectancy of the annuitant or of the joint life
expectancies of multiple annuitants.
Part II. Credit Calculation
If the gift you are claiming the credit for was a planned
gift, complete Column A. If it was an outright gift, complete
Column B. Do not complete both columns.
Line 5. Enter the present value of the aggregate amount
of the charitable gift portion of your planned gift, or your
outright charitable contribution (the charitable deduction
amount) in the corresponding column.
If you are an individual and are not receiving the credit from
a pass-through entity, you should only complete column A.
In this situation, only the contributions you make in the form
of a planned gift qualify for the credit.
If you are receiving the credit from a pass-through entity,
enter your distributable share of the contribution made
by the pass-through entity. You will also need to enter the
pass-through entity’s business name and federal employer
identification number (FEIN) in the space provided.
Line 6. The percentage of credit you can receive for your
contribution is based on whether it was a planned gift or an
outright gift.

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