[g1938t]

I donated a time share to a charitable orginaztion, they sent me form 8283 with a value of $ 19,680, do I have to the full amount when I do my 2009 taxes, or can I spread it over 4 or 5 years?

[AtlantaTaxExpert]

If the charity is a "50% charity" (as defined by the IRS) and if you make more than $39,500 for 2009, you will write off the entire donation in 2009, even if doing so completely offsets your tax liability and some of the deduction "goes to waste".

If your income does NOT exceed $39,500, then your deduction is limited to no more than 50% of your Adjusted Gross Income (which is why you need to find out if the charity is a 50% charity). The charity could be designated a 30% charity, in which case your deduction is limited to no more than 30% of your Adjusted Gross Income.

If there is a limitation on your deduction, then what is left will be carried forward to future years until it is used up, or until you die, whichever comes first.

I have a client (an elderly devout Chrisian lady) who donated land to her church in 1997 that was formally appraised to be worth $500,000. She has been maxxing out her charity donations on her tax returns ever since. She still has about $250,000 left to use. It is debatable whether she will use it up before her death.