14 Ill. Adm. Code 520.520
Charitable Contributions
Section 520
Section 520.520 Charitable
Contributions
a) Amount of Contributions. The Department is authorized under
Section 11(d) of the Act to specify the amount of contributions a DZO is
eligible to receive for a project. The Department will deny amounts requested
if:
1) Excessive/Inappropriate Items. The amount requested or the
items sought are excessive or inappropriate to the project goals and
objectives; or
2) Exceeding Contribution Limit. Approval of the project would,
in total, with all other project amounts approved in any calendar year, exceed
the contribution limitation set or established in Section 11(g) of the Act.
b) Eligibility of a Contribution for a Tax Deduction. The DZO
shall provide to the Department information necessary to determine the
eligibility of a contribution for a tax deduction in accordance with Section
203(b)(2)(N) of the Illinois Income Tax Act [35 ILCS 5/203(b)(2)(N)] and
Section 170(c) of the Internal Revenue Code (26 USC 170(c)).
c) Claim for Tax Deduction. In order to determine and certify
the amount of contribution, a taxpayer may file a claim for a tax deduction.
1) Request for Contribution Approval. The taxpayer shall submit
to the Department a request for contribution approval that shall include:
A) Taxpayer Information. The name of the taxpayer, the taxpayer's
address, and the Federal Employer Identification Number (FEIN);
B) Name of Zone, DZO, and Project. The name of the Enterprise
Zone, the DZO, and the project;
C) Amount of Contribution. The amount of cash or the value of the
in-kind contribution as determined in accordance with Section 170(c) of the
Internal Revenue Code; and
D) In-Kind Contribution. In the case of an in-kind contribution,
the DZO must maintain documentation sufficient to support the claim, such as
appraisals of fair market value.
2) Receipt to Taxpayer. The DZO shall issue a receipt to the
taxpayer when a contribution is made. The receipt shall include:
A) Taxpayer Information. The exact name of the taxpayer, the
address, and the Federal Employer Identification Number (FEIN);
B) Date of Contribution. The date the contribution was made;
C) Name of DZO and Project. The name of the DZO and of the
project to which the contribution has been made; and
D) Amount of Contribution. The amount and a description of the
contribution made to the project.
3) Verification of Contribution Value. The DZO shall forward a
copy of such receipt to the Department and verification of the contribution
value as determined under Section 170(c) of the Internal Revenue Code and the
most recent Accounting Standards of the Financial Accounting Standards Board of
the American Institute of Certified Public Accountants (AICPA).