STEVEN S. WORTMAN, CPA
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2010 Donations for Haiti Deductible in 2009

Recently Congress unanimously passed the Haiti Assistance Income Tax Relief Act and President Obama signed the bill into law the next day. This Act allows taxpayers to speed up their deductions for charitable contributions made for Haitian earthquake relief. Here's what you should know about this new legislation:

The new law allows taxpayers to deduct on their 2009 returns charitable contributions made early in 2010 for Haitian earthquake relief. Normally, those contributions would be deductible only on the taxpayer's 2010 tax return, filed in 2011. IRS says that taxpayers who choose the 2009 option can get a refund in as little as 10 days if they file early, file electronically, and elect direct deposit.

Only contributions made after January 11 and before March 1 qualify for this treatment. The contribution must be made in cash or by check, credit or debit card, or text message. Donations of property don't qualify. The contribution must be specifically for the relief of victims in areas affected by the January 12 earthquake.

Taxpayers should be sure their contributions go to qualified domestic charities. Contributions to foreign organizations generally aren't deductible. To see whether an organization qualifies, visit IRS's website (IRS.gov) and look under “Search for Charities.” However, some qualified charities aren't listed on the site.

To claim the benefit, taxpayers must itemize their deductions. Those who claim the standard deduction aren't eligible.

The accelerated treatment is optional. Most taxpayers will prefer to deduct the contribution in 2009, to receive the tax benefit as soon as possible. Other taxpayers, because of their anticipated income and deductions for 2010, would benefit from keeping the deduction on the 2010 return. If you think you might fall into this camp, I would be happy to run the numbers for you.