Margaret CPA in OH Posted December 20, 2015 Report Share Posted December 20, 2015 An acquaintance, not client, has asked about filing an amended return with forgotten stock gift to her church in 2104. She cannot find a written acknowledgement. I have suggested that she check with the church to see if there exists a dated copy. I'm not sure whether IRS will allow the deduction even if the copy is dated prior to filing the original return. Any clues? I couldn't easily find this circumstance. Thanks! Quote Link to comment Share on other sites More sharing options...
BulldogTom Posted December 21, 2015 Report Share Posted December 21, 2015 The regulation is very strict. You must have a contemporaneous written acknowledgement from the charity at the time the original return was filed. So, if you HAD a contemporaneous written acknowledgment at the time you filed, but forgot to include the deduction on the return even though you could have, I would say you could amend the return. If they did not provide a written acknowledgement by the time the return was filed, then it should not be amended because they did not fulfill the recordkeeping requirement. Tom Newark, CA 2 Quote Link to comment Share on other sites More sharing options...
Margaret CPA in OH Posted December 21, 2015 Author Report Share Posted December 21, 2015 Thanks, Tom. that was my thinking, too. I just wasn't sure if it could be included on an amended return. I believe if the church has a properly dated copy and can provide that, it should be good. People do lose things and it is not at all unlikely that this was lost - if the church sent it. We shall see. Thanks for confirming! 1 Quote Link to comment Share on other sites More sharing options...
kcjenkins Posted December 21, 2015 Report Share Posted December 21, 2015 Yes, if they can provide a properly dated copy that will work, but as Tom said, it's a strict rule, can't be a new letter. Quote Link to comment Share on other sites More sharing options...
michaelmars Posted December 22, 2015 Report Share Posted December 22, 2015 not sure but isn't that rule just for checks and cash? Quote Link to comment Share on other sites More sharing options...
Abby Normal Posted December 22, 2015 Report Share Posted December 22, 2015 Just backdate the letter. The IRS isn't going to carbon date the ink to see when it was created. Quote Link to comment Share on other sites More sharing options...
Jack from Ohio Posted December 22, 2015 Report Share Posted December 22, 2015 11 minutes ago, Abby Normal said: Just backdate the letter. The IRS isn't going to carbon date the ink to see when it was created. 1 Quote Link to comment Share on other sites More sharing options...
Abby Normal Posted December 22, 2015 Report Share Posted December 22, 2015 Quote Link to comment Share on other sites More sharing options...
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