A Study of Non-Cash Donations on Income Tax Act
Date Issued
2014
Date
2014
Author(s)
Wu, Yi-Fong
Abstract
Contributions and donations deduction is a tax incentive, and it induce people to donate. In the view of “public benefit”, the deduction is tenable in the condition of public benefit. According to the law, the educational, cultural, public welfare and charitable organizations or institutions should in accordance with the provisions of the Book of General Principles of the Civil Code relating to public welfare organization and foundations or in accordance with the provisions of other relevant acts and ordinances and are duly registered with the authority-in-charge, but the authority-in-charge doesn’t do substantive examination. In addition, the non-cash donation should have direct links with “public benefit”, and the donations in kind can be used by donatorius. If the donations in kind cannot be used directly, it should be easily cashable or storable.
Besides, the most serious problem is that there is no limit to the amount of donations or contributions made for the support of national defense or troop-cheering or contributions to the government. The study compares the Income Tax Act in Japan and proposes that the rule should be amended. It should be set a limit to the amount of donations or contributions made for the support of national defense or troop-cheering or contributions to the government. If the government needs financial resources to stand for major accident or major policies , it can be untied but should have time limit.
Last, the judgment of value different from the donation can be used by donatorius or not. If it can be used, the donators have to raise the data of costs ; Otherwise, the taxing authority has the right to estimate the price. The donation can be used directly, it should be liquidated.
Subjects
非現金捐贈
租稅優惠
捐贈扣除額
稅基扣除
稅額扣除
Type
thesis
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