Montana Code 15-31-161. Credit for contribution by corporations to qualified endowment — recapture of credit — deduction included as income
15-31-161. Credit for contribution by corporations to qualified endowment — recapture of credit — deduction included as income. (1) A corporation is allowed a credit in an amount equal to 20% of a charitable gift against the taxes otherwise due under 15-31-101 for charitable contributions made to a qualified endowment, as defined in 15-30-2327. The maximum credit that may be claimed by a corporation for contributions made from all sources in a year under this section is $15,000. The credit allowed under this section may not exceed the corporate taxpayer’s income tax liability. The credit allowed under this section may not be claimed by a corporation if the taxpayer has included the full amount of the contribution upon which the amount of the credit was computed as a deduction under 15-31-114. There is no carryback or carryforward of the credit permitted under this section, and the credit must be applied to the tax year in which the contribution is made.
Terms Used In Montana Code 15-31-161
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
(2)If during any tax year a charitable gift is recovered by the corporation, the corporation shall:
(a)include as income the amount deducted in any prior year that is attributable to the charitable gift to the extent that the deduction reduced the taxpayer’s corporate income tax or alternative corporate income tax; and
(b)increase the amount of tax due under 15-31-101 by the amount of the credit allowed in the tax year in which the credit was taken.