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Charitable Income Tax Deductions for Estates and Trusts: IRS Rules, Split-Interest Gifts, Planning and Reporting

Note: CPE credit is not offered on this program

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, January 18, 2022

Recorded event now available

or call 1-800-926-7926

This CLE webinar will provide trust and estates counsel guidance on applicable rules regarding charitable income tax deductions for trusts and estates. The panel will discuss income tax charitable deductions under Sec. 642(c), charitable remainder interests, split-interest gifts, governing instrument and gross income requirements, and planning and reporting requirements.


IRC Section 642(c) governs income tax charitable deductions for trusts and estates, which are substantially different from charitable contribution deductions for individuals and corporations under Sec. 170 and Sec. 642(c)(1). Trust and estate attorneys must have a complete understanding of these rules and reporting requirements for claiming charitable deductions and the impact on certain tax and estate planning strategies.

Section 642(c) sets forth unique rules on charitable deductions. There is no adjusted gross income limitation for trusts, and trusts can contribute to foreign charitable organizations. Since trusts can be taxed themselves or as carryout taxable income to beneficiaries, trust and estate attorneys and fiduciaries need to understand these rules to preserve these valuable deductions.

Although deductible on the estate return, specific bequests are considered deductions from the principal and do not generate a tax deduction. However, making charitable bequests with particular assets can generate significant tax savings, which must be appropriately reported to ensure deductibility.

Trusts and estates must adhere to various rules to obtain income tax deductions, such as the governing document and gross income requirements, charitable purpose and eligible donee requirements, and other additional planning and reporting considerations.

Listen as our panel of trust and estate tax experts explains the caveats and considerations for income tax charitable deductions under Sec. 642(c), deduction of the charitable remainder interest, split-interest gifts, governing instrument and gross income requirements, and planning and reporting requirements.



  1. Governing documents requirements
  2. Internal revenue code requirements for trusts and estates
  3. Reporting obligations and challenges
  4. Recent cases and planning considerations


The panel will review these and other critical issues:

  • Charitable deduction rules and requirements
  • Reporting of charitable deductions
  • Distinctions between contributions made from the corpus and those made from income
  • Types of trusts eligible to make deductible donations
  • Specific provisions in trust documents that allow for deductible contributions
  • Differences between allowable individual and trust contributions


Dalen, Amy
Amy Dalen, JD

Hill Barth & King

Ms. Dalen is a Principal and the Chair of the Tax Advisory Group at HBK CPAs & Consultants. The Tax Advisory Group...  |  Read More

Gaymon, Sarah
Sarah N. Gaymon, CPA

Senior Manager
Hill Barth & King

Ms. Gaymon is a Senior Manager in the Tax Advisory Group at HBK CPAs & Consultants located in the West Palm Beach...  |  Read More

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