Instructions For Form 1120-Ric - U.s. Income Tax Return For Regulated Investment Companies - 2003 Page 8

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obtained by the due date (including extensions)
fund may take an increased deduction under
Retirement Plan. File this form for a plan that
of the fund’s return, or, if earlier, the date the
section 170(e)(6) for qualified contributions of
only covers the owner (or the owner and his or
return is filed. Do not attach the
computer technology or equipment for
her spouse) but only if the owner (or the owner
acknowledgment to the tax return, but keep it
educational purposes. Computer technology
and his or her spouse) owns the entire
with the fund’s records. These rules apply in
or equipment means computer software,
business.
addition to the filing requirements for Form
computer or peripheral equipment, and fiber
8283, Noncash Charitable Contributions,
optic cable related to computer use. A
Travel, meals, and entertainment. Subject to
described below.
contribution is a qualified contribution if:
the limitations and restrictions discussed
It is made to an eligible donee (see below);
below, the fund can deduct ordinary and
For more information on substantiation and
Substantially all the donee property’s use is:
necessary travel, meals, and entertainment
recordkeeping requirements, see the
expenses paid or incurred in its trade or
1. Related to the purpose or function of the
regulations under section 170 and Pub. 526,
business. Also, special rules apply to
donee,
Charitable Contributions.
deductions for gifts, skybox rentals, luxury
2. For use within the United States, and
Contributions to organizations
water travel, convention expenses, and
3. For educational purposes.
conducting lobbying activities. Contributions
entertainment tickets. For details, see section
The contribution is made not later than 3
made to an organization that conducts lobbying
274 and Pub. 463, Travel, Entertainment, Gift,
years after the date the taxpayer acquired or
activities are not deductible if:
and Car Expenses.
substantially completed the construction of the
The lobbying activities relate to matters of
property;
direct financial interest to the donor’s trade or
Travel. The fund cannot deduct travel
The original use of the property is by the
business and
expenses of any individual accompanying a
donor or the donee;
The principal purpose of the contribution was
corporate officer or employee, including a
The property is not transferred by the donee
to avoid Federal income tax by obtaining a
spouse or dependent of the officer or
for money, services, or other property, except
deduction for activities that would have been
employee, unless:
for shipping, transfer, and installation costs;
nondeductible under the lobbying expense
That individual is an employee of the
The property fits productively into the
rules if conducted directly by the donor.
corporation and
donee’s education plan; and
Contributions of property other than
His or her travel is for a bona fide business
cash. If the fund contributes property other
The property meets standards, if any, that
purpose and would otherwise be deductible by
than cash and claims over a $500 deduction
may be prescribed by future regulations, to
that individual.
for the property, it must attach a schedule to
assure it meets minimum functionality and
the return describing the kind of property
suitability for educational purposes.
Meals and entertainment. Generally, the
contributed and the method used to determine
fund can deduct only 50% of the amount
its fair market value (FMV). Closely held funds
Eligible donee. The term “eligible donee”
otherwise allowable for meals and
means:
must complete Form 8283 and attach it to their
entertainment expenses paid or incurred in its
returns. All other funds generally must
trade or business. In addition (subject to
An educational organization that normally
complete and attach Form 8283 to their returns
exceptions under section 274(k)(2)):
maintains a regular faculty and curriculum and
for contributions of property (other than money)
Meals must not be lavish or extravagant;
has a regularly enrolled body of pupils in
if the total claimed deduction for all property
attendance at the place where its educational
contributed was more than $5,000.
A bona fide business discussion must occur
activities are regularly conducted,
during, immediately before, or immediately
If the fund made a “qualified conservation
after the meal; and
A section 501(c)(3) entity organized primarily
contribution” under section 170(h), also include
for purposes of supporting elementary and
An employee of the fund must be present at
the FMV of the underlying property before and
secondary education, or
the meal.
after the donation, as well as the type of legal
A public library (as described in section
interest contributed, and describe the
See section 274(n)(3) for a special rule that
170(e)(6)(B)(i)(lll)).
applies to expenses for meals consumed by
conservation purpose benefited by the
donation. If a contribution carryover is included,
individuals subject to the hours of service limits
Exceptions. The following exceptions
show the amount and how it was determined.
of the Department of Transportation.
apply to the above rules for computer
technology and equipment:
Reduced deduction for contributions of
Membership dues. The fund may deduct
Contributions to private foundations may
certain property. For a charitable contribution
amounts paid or incurred for membership dues
qualify if the foundation contributes the
of property, the fund must reduce the
in civic or public service organizations,
property to an eligible donee within 30 days
contribution by the sum of:
professional organizations, business leagues,
after the contribution and notifies the donor of
The ordinary income and short-term capital
trade associations, chambers of commerce,
the contribution. For more details, see section
gain that would have resulted if the property
boards of trade, and real estate boards.
170(e)(6)(C).
were sold at its FMV, and
However, no deduction is allowed if a principal
For contributions of property reacquired by
For certain contributions, the long-term
purpose of the organization is to entertain, or
the manufacturer of the property, the 3-year
capital gain that would have resulted if the
provide entertainment facilities for, members or
period begins on the date that the original
property were sold at its FMV.
their guests. In addition, the fund may not
construction of the property was substantially
The reduction for the long-term capital gain
deduct membership dues in any club organized
completed. Also, the original use of the
applies to:
for business, pleasure, recreation, or other
property may be by someone other than the
Contributions of tangible personal property
social purpose.
donor or the donee.
for use by an exempt organization for a
purpose or function unrelated to the basis for
Pension, profit-sharing, etc., plans. Also
Entertainment facilities. The fund cannot
its exemption and
include on line 22 the deduction for
deduct an expense paid or incurred for a
Contributions of any property to or for the
contributions to qualified pension,
facility (such as a yacht or hunting lodge) used
use of certain private foundations except for
profit-sharing, or other funded-deferred
for an activity usually considered
stock for which market quotations are readily
compensation plans. Employers who maintain
entertainment, amusement, or recreation.
available (section 170(e)(5)).
such a plan generally must file one of the forms
Larger deduction. A larger deduction is
listed below, even if the plan is not a qualified
Note: The fund may be able to deduct
allowed for certain contributions of:
plan under the Internal Revenue Code. The
otherwise nondeductible meals, travel, and
Inventory and other property to certain
filing requirement applies even if the fund does
entertainment expenses if the amounts are
organizations for use in the care of the ill,
not claim a deduction for the current tax year.
treated as compensation and reported on Form
needy, or infants (see section 170(e)(3) and
There are penalties for failure to file these
W-2 for an employee or on Form 1099-MISC
Regulations section 1.170A-4A);
forms on time and for overstating the pension
for an independent contractor.
Scientific equipment used for research to
plan deduction. See sections 6652(e) and
institutions of higher learning or to certain
Deduction for clean-fuel vehicles and
6662(f).
scientific research organizations (other than by
certain refueling property. Section 179A
personal holding companies and service
allows a deduction for part of the cost of
Form 5500, Annual Return/Report of
organizations) (see section 170(e)(4)); and
qualified clean-fuel vehicle property and
Employee Benefit Plan. File this form for a plan
Computer technology and equipment for
qualified clean-fuel vehicle refueling property
that is not a one-participant plan (see below).
educational purposes.
placed in service during the tax year. For more
Contributions of computer technology
information, see Pub. 535, Business
Form 5500-EZ, Annual Return of
Expenses.
and equipment for educational purposes. A
One-Participant (Owners and Their Spouses)
-8-

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