006.05.308-26-51-419. DEDUCTIONS - CHARITABLE CONTRIBUTIONS
AR ADC 006.05.308-26-51-419Arkansas Administrative Code
Ark. Admin. Code 006.05.308-26-51-419
006.05.308-26-51-419. DEDUCTIONS - CHARITABLE CONTRIBUTIONS
Arkansas has adopted IRC Section 170 as referenced in ACA 26-51-419. Section 170(d)(2)(B) does not allow unused contributions to increase NOL carry forward. It merely decreases net taxable income by current year contributions first, then any accumulated contribution carryforwards up to a 10% limitation. This decreases the amount of NOL used and increases the NOL available for future years.
EXAMPLE: | 1989 | 1990 | 1991 | 1992 | 1993 | 1994 | 1995 |
---|---|---|---|---|---|---|---|
Income | $107,000 | $107,000 | $107,000 | $108,000 | $110,000 | $80,000 | $150,000 |
Deductions Excluding Amortization & Charitable Deductions | 105,000 | 105,000 | 105,000 | 105,000 | 105,000 | 105,000 | 105,000 |
Taxable Income Before Amortization, Charitable Deductions and NOL | 2,000 | 2,000 | 2,000 | 3,000 | 5,000 | (25,000) | 45,000 |
Amortization of Organizational Expenditures | (2,000) | (2,000) | (2,000) | (2,000) | (2,000) | 0 | 0 |
Charitable Deductions Allowed | 0 | 0 | 0 | (100) | (300) | 0 | (4,500) |
Taxable Income (Loss) before NOL | 0 | 0 | 0 | 900 | 2,700 | (25,000) | 40,500 |
Net Operating Loss | 0 | 0 | 0 | 0 | 0 | 0 | (25,000) |
Taxable Income (Loss) | 0 | 0 | 0 | 900 | 2,700 | (25,000) | 15,500 |
Taxable Income Before Amortization, Contributions and NOL | 2,000 | 2,000 | 2,000 | 3,000 | 5,000 | (25,000) | 45,000 |
Organizational Expenses | (2,000) | (2,000) | (2,000) | (2,000) | 0 | 0 | 0 |
Contribution Limitation Base | 0 | 0 | 0 | 1,000 | 3,000 | N/A | 45,000 |
Limitation | X .10 | X .10 | X .10 | X .10 | X .10 | N/A | X .10 |
Contributions Allowed | 0 | 0 | 0 | 100 | 300 | N/A | 4,500 |
LIMITS ON CHARITABLE CONTRIBUTIONS
Year | Contributions | Utilized Current Year Limit | Current Year Balance | Prior Years Contribution Utilized | Year End Cumulative Carryforward | expired | |
---|---|---|---|---|---|---|---|
1989 | 1,000 | 0 | 1,000 | 0 | 1,000 | 0 | |
1990 | 1,000 | 0 | 1,000 | 0 | 2,000 | 0 | |
1991 | 1,000 | 0 | 1,000 | 0 | 3,000 | 0 | |
1992 | 1,000 | 100 | 900 | 0 | 3,900 | 0 | |
1993 | 1,000 | 300 | 700 | 0 | 4,600 | 0 | |
1994 | 1,000 | 0 | 1,000 | 0 | 4,600 | 1,000* | |
1995 | 1,000 | 1,000 | 0 | 3,500 | 1,100 | 0 |
Southern Arkansas Timber, Inc. started business on 01/01/89. Organization expenses amounted to $10,000. Amortization of organization expenditures is deducted before the 10% limit is allowed. Any unused charitable contributions cannot be added to NOLs when they expire.
* Contribution carryover from 1989 expired at the end of 1994 as shown in chart.
For charitable contributions for consolidated filers, refer to ACA 26-51-805(f).
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 006.05.308-26-51-419, AR ADC 006.05.308-26-51-419
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