43-1088

43-1088. Credit for contribution to qualifying
charitable organizations; definitions

A. A credit is allowed against the taxes imposed by this title for voluntary cash
contributions by the taxpayer or on the taxpayer's behalf pursuant to section 43-401,
subsection H during the taxable year to a qualifying charitable organization not to
exceed:

1. Two hundred dollars in any taxable year for a single individual or a head of
household.

2. Four hundred dollars in any taxable year for a married couple filing a joint
return.

B. A husband and wife who file separate returns for a taxable year in which they
could have filed a joint return may each claim only one-half of the tax credit that would
have been allowed for a joint return.

C. If the allowable tax credit exceeds the taxes otherwise due under this title on
the claimant's income, or if there are no taxes due under this title, the taxpayer may
carry forward the amount of the claim not used to offset the taxes under this title for
not more than five consecutive taxable years' income tax liability.

D. The credit allowed by this section:

1. Is allowed only if the taxpayer itemizes deductions pursuant to section 43-1042
for the taxable year.

2. Is in lieu of a deduction pursuant to section 170 of the internal revenue code
and taken for state tax purposes.

E. Taxpayers taking a credit authorized by this section shall provide the name of
the qualifying charitable organization and the amount of the contribution to the
department of revenue on forms provided by the department.

F. A qualifying charitable organization shall provide the department of revenue
with a written certification that it meets all criteria to be considered a qualifying
charitable organization. The organization shall also notify the department of any changes
that may affect the qualifications under this section.

G. The charitable organization's written certification must be signed by an officer
of the organization under penalty of perjury. The written certification must include the
following:

1. Verification of the organization's status under section 501(c)(3) of the
internal revenue code or verification that the organization is a designated community
action agency that receives community services block grant program monies pursuant to 42
United States Code section 9901.

2. Financial data indicating the organization's budget for the organization's prior
operating year and the amount of that budget spent on services to residents of this state
who either:

(a) Receive temporary assistance for needy families benefits.

(b) Are low income residents of this state.

3. A statement that the organization plans to continue spending at least fifty per
cent of its budget on services to residents of this state who receive temporary
assistance for needy families benefits, who are low income residents of this state or who
are chronically ill or physically disabled children.

H. The department shall review each written certification and determine whether the
organization meets all the criteria to be considered a qualifying charitable organization
and notify the organization of its determination. The department may also periodically
request recertification from the organization. The department shall compile and make
available to the public a list of the qualifying charitable organizations.

I. For the purposes of this section:

1. "Chronically ill or physically disabled children" has the same meaning
prescribed in section 36-262.

2. "Low income residents" means persons whose household income is less than one
hundred fifty per cent of the federal poverty level.

3. "Qualifying charitable organization" means a charitable organization that is
exempt from federal income taxation under section 501(c)(3) of the internal revenue code
or is a designated community action agency that receives community services block grant
program monies pursuant to 42 United States Code section 9901. The organization must
spend at least fifty per cent of its budget on services to residents of this state who
receive temporary assistance for needy families benefits or low income residents of this
state and their households or to chronically ill or physically disabled children who are
residents of this state. Taxpayers choosing to make donations through an umbrella
charitable organization that collects donations on behalf of member charities shall
designate that the donation be directed to a member charitable organization that would
qualify under this section on a stand-alone basis.

4. "Services" means cash assistance, medical care, child care, food, clothing,
shelter, job placement and job training services or any other assistance that is
reasonably necessary to meet immediate basic needs and that is provided and used in this
state.