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Monthly Buzz #42
October 2005

Katrina Emergency Tax Relief Act of 2005

The generosity of Americans coming to the assistance of the gulf coast after Hurricane Katrina has been overwhelming. Not only have people opened up their wallets and their homes, many have volunteered countless hours of their time. We know these tax breaks are secondary for most people who are primarily concerned with helping the victims of this horrific disaster, but you shouldn’t miss out on them.

Congress and the IRS have acted to help not only the victims of the gulf coast but also all those who have donated their time and money. Recently congress has passed the Katrina Emergency Tax Relief Act of 2005.

To promote the donations of cash to the various relief groups, Congress has temporarily relaxed the deduction rules for charitable donations. Generally charitable donations made by individual taxpayers are limited to 50 percent of your adjusted gross income for the year. Any excess contributions can be carried over for up to five years.  This limitation is removed for cash donations given during August 28, 2005 through December 31, 2005. The provision also exempts those donations from the application of the phase-out of itemized deductions for high-AGI taxpayers.  The relaxed rules on the deduction of charitable donations are not limited to those charities specifically related to Katrina relief, but to all charities.

The charitable contribution deduction for a corporation is generally limited to 10 percent of its taxable income for the year in which the contribution was made.  Excess amounts may be carried over for up to five years, subject to the same limitations.  The new law also waives the 10 percent limitation for Hurricane Katrina cash donations during the period August 28 through December 31, 2005.  Unlike the individual relief, the corporate contributions relief provision applies only to charitable contributions specifically related to Katrina relief.

If you have opened up your principal residence to Katrina evacuees, you may also be eligible for a tax break. Those who have provided rent free shelter to those displaced by Hurricane Katrina for at least 60 days are eligible to claim a $ 500 tax deduction for each evacuee for up to four people. There are however some limitations to this deduction. One limitation in particular is that the evacuee cannot be a spouse or dependent. Non dependent relatives qualify.

Many people have traveled hundreds and possibly thousands of miles to assist in the relief efforts for the Gulf Coast. Those who have can claim an enhanced charity mileage reimbursement rate of 29 cents per-mile for the period August 25 through 31, 2005 and 34 cents per-mile from September 1, 2005 through December 31, 2005. Even those who have worked in their home towns can take the enhanced charity mileage reimbursement rate for mileage related to relief efforts.

The new law lifts all casualty loss restrictions for victims of Hurricane Katrina.  Generally, nonbusiness casualty losses are deductible only to the extent they exceed: (1) 10 percent of the taxpayer’s adjusted gross income and (2) a $100 floor.  Casualty losses that arise in the Hurricane Katrina disaster area on or after August 25, 2005, and that are attributable to Hurricane Katrina are not subject to these restrictions.

These are only some of the provisions included in the Katrina Emergency Tax Relief Act of 2005.  Contact us for more information.

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