Donations of Private Stock: Timing is Everything

The ability to receive an income tax deduction for donations of private company stock can be a useful tax planning tool for founders. Assuming the stock has been held for more than one year, a founder can generally deduct the fair market value of the stock when contributed to a tax-exempt public charity (including a donor advised fund). The amount of the deduction for private company stock is generally capped at 20% of the founder’s adjusted gross income, with the ability to carryforward for five-years any amount not deductible in the year of donation. By making a donation of stock, the founder also generally avoids paying income tax on unrealized gains – i.e. the appreciation that has occurred from the time the founder acquired the stock until the time it is donated. In effect, the founder receives two benefits – (i) the founder does not have to pay tax on the unrealized gains in the gifted stock and (ii) the founder receives a charitable deduction for the fair market value of the gifted stock that can be used to reduce tax on the founder’s other income.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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