Our primary residence is Nevada, but we have a second home in Colorado. We let a non-profit 501c3 use the property while we snowbird in Nevada. They have given us a letter stating that they feel that the value to them of us letting them use the house is worth $20,000 for the seven months.
Is that $20K a deduction on our tax return?
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No.
There are a few things that you can't deduct:
Partial Interest in Property
Generally, you can't deduct a charitable contribution of less than your entire interest in property.
Right to use property.
A contribution of the right to use property is a contribution of less than your entire interest in that property and isn't deductible.
Example 1.
You own a 10 story office building and donate rent free use of the top floor to a charitable organization. Because you still own the building, you have contributed a partial interest in the property and can't take a deduction for the contribution.
Example 2.
Mandy White owns a vacation home at the beach that she sometimes rents to others. For a fund-raising auction at her church, she donated the right to use the vacation home for 1 week. At the auction, the church received and accepted a bid from Lauren Green equal to the fair rental value of the home for 1 week.
Mandy can't claim a deduction because of the partial interest rule. Lauren can't claim a deduction either, because she received a benefit equal to the amount of her payment.
It's not deductible because you can't deduct from your taxable income, that which you never received and paid taxes on in the first place.
It's not deductible because of the partial interest rule......https://www.irs.gov/pub/irs-pdf/p526.pdf
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