HARMON CURRAN NONPROFIT LAW BLOG

The unrelated business income of certain tax-exempt organizations does not include proceeds from the distribution of “low cost articles” related to charitable solicitations (such as mugs or key chains imprinted with the organization’s logo). For the 2018 tax year, a low cost article is an article costing $10.90 or less, a twenty cent increase from 2017.

2018: $10.90
2017: $10.70

Other Insubstantial Benefits
In Revenue Procedure 90-12 (as amplified by Rev. Proc. 92-49 and modified by Rev. Proc. 92-102),  the IRS provided guidelines for charitable organizations regarding the deductibility of contributions for donors who receive something in return for their payments. The original guidelines stated that even when donors receive benefits in return for their donations, they may still deduct the entire amount donated under one of the following two circumstances:

• If, for a contribution of $25 or more, the contributor did not receive something in return that costs more than $5, or the rate of a “low cost article,” as described above; or
• If the fair market value of all the benefits received in connection with the donation is not more than 2% of the payment, or $50, whichever is less.
  The $5/$25/$50 schedule is adjusted annually for inflation. For the 2018 tax year, the schedule has been increased to $10.90, $54.50, and $109.00 respectively.

2018: $10.90/$54.50/$109.00
2017: $10.70/$53.50/$107.00

Mileage
Effective January 1, 2018, the mileage rate for business use of a vehicle increases to 54.5 cents per mile, from the 53.5 cents mileage rate for 2017. The mileage rate for use of a vehicle for medical or moving purposes also increases in 2018 to 18 cents per mile. The standard mileage deduction rate for volunteer or charitable use of a vehicle remains at 14 cents per mile, as set by Congress.

2018:
54.5¢/mile for business use
18¢/mile for medical or moving purposes
14¢/mile for volunteer or charitable use

2017:
53.5¢/mile for business use
17¢/mile for medical or moving purposes
14¢/mile for volunteer or charitable use

Lobbying Expenditure Notice Exemption
Internal Revenue Code Section 6033(e) requires certain tax-exempt organizations that pay or incur non-deductible lobbying expenditures to provide their members and supporters, at the time dues (or other similar amounts) are assessed or paid, with a reasonable estimate of the portion of dues that is allocable to such expenditures. In 1998, the IRS issued Revenue Procedure 98-19, which established that 501(c)(4) social welfare organizations and 501(c)(5) agricultural and horticultural organizations are exempt from this notification requirement if more than 90% of their annual dues (or similar amounts) are received from persons, families or entities who pay $75 or less. This annual dues limitation is indexed for inflation, and has increased to $115 for the 2018 tax year.

2018: $115
2017: $113

Annual Exclusion for Gifts
The annual gift tax exclusion increases to $15,000, up from $14,000 in 2017. The first $15,000 worth of gifts to any person (other than gifts of future interests in property) will not be included in the total value of taxable gifts.

2018: $15,000
2017: $14,000

Retirement Plan Limits
Some of the key annual limits related to retirement plans have increased for 2018. The maximum limit on annual benefits under a pension or defined benefit plan is $220,000, which is a $5,000 increase from 2017. The limit on contributions to defined contribution plans such as a 401(k) or 403(b) also increased, from $54,000 to $55,000. Additionally, the maximum amount of salary an employee participating in a 401(k) or 403(b) may contribute to the plan has increased, up $500 from 2017 to $18,500 in 2018. The limit on “catch-up contributions” for employees aged 50 and older remains $6,000, unchanged from 2017.

Also increasing in 2018 is the maximum amount of an employee’s compensation which can be considered under a qualified pension, profit-sharing or stock bonus plan. The new limit is $275,000, a $5,000 increase from 2017. The compensation threshold for who constitutes a “highly compensated employee” remains unchanged at $120,000 for 2018.

Healthcare Flexible Spending Account Limits
In 2018, the amount employees may contribute to a health flexible spending account (FSA) without paying income or employment taxes is $2,650. This is a $50.00 increase from 2017.

2018: $2,650
2017: $2,600