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IRS Releases Guidance, Offers Relief, on DIsaster Recovery Deductions

The IRS Taxpayer Certainty and Disaster Tax Relief Act excluding

A corporation elects the increased limit by computing its deductible amount of qualified contributions using the increased limit and by claiming the amount on its return for the tax year in which the contribution was made, provided it is within the previously mentioned time frame. Those doing so must must meet the usual record-keeping requirements that apply to charitable contributions, including obtaining a contemporaneous written acknowledgment (CWA) from the charity. But on top of this, a corporation's CWA must also include a disaster relief statement, saying that the contribution was used, or is to be used, by the eligible charity for relief efforts in one or more qualified disaster areas.

Because of the timing of the new law, the IRS recognizes that some corporations may have obtained a CWA that lacks the disaster relief statement. Accordingly, the agency will not challenge a corporation's deduction of any qualified contribution made before Feb. 1, 2021, solely on the grounds that the corporation's CWA does not include the disaster relief statement.