Letter to IRS on Section 1001 Regulation in 2023-2024 Priority Guidance Plan
EXCERPT
The National Education Association and partners wrote a letter urging that the IRS return to the work it left unfinished in 2019 when it issued final regulations on “Contributions in Exchange for State or Local Tax Credits” (RIN: 1545-BO89). Specifically, they suggest that the IRS issue a regulation clarifying the following:
A contribution of property in exchange for a 100 percent tax credit should be treated as equivalent to a sale at market value (“other disposition of property” under IRC section 1001) and the taxpayer should either owe tax on the portion of that sale that represents a gain, or recognize a loss if appropriate. When the contribution is made in exchange for a tax credit worth less than 100 percent of the amount donated, the transaction should be treated as part gift and part sale.
