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Dr. Coates is a veterinarian based in the other “Sunshine State” – that's Colorado to the rest of you – where she lives and plays with a varied range of animals. She shares her professional and personal experiences, Monday through Friday, here on petMD's blog, the Fully Vetted. Log in for your daily dose of her insight and wisdom.

 

Breaking News On Tax Breaks For the Animal Rescuers Among Us

June 14, 2011 / (9) comments


They really should have come up with a better title. It’s The Wall Street Journal, after all. But don’t get me wrong. I was overjoyed to read the outcome of the story summarized in Stray Cat Strut: Woman Beats IRS which appeared in the WSJ’s weekend edition this past Saturday.

 

Amidst all the nasty news of the day (tornadoes, fires and sex offenders … oh my!), I couldn’t help but smile at the eccentric storyline afforded by the kind of woman I have no business assuming I might not morph into someday.

This 59-year-old, unemployed professional looking to find a way to deduct her ridiculously high cat-rescuing expenses bested the IRS when a judge ruled that her activities legitimately amounted to a charitable donation worthy of a tax deduction.

Here’s an excerpt that serves to explain it a little better than my run-on sentence does:

When Jan Van Dusen appeared before a U.S. Tax Court judge and a team of Internal Revenue Service lawyers more than a year ago, there was more at stake than her tax deduction for taking care of 70 stray cats.

Hanging in the balance were millions of dollars in annual tax deductions by animal-rescue volunteers across the nation — and some needed clarity on the treatment of volunteers' unreimbursed expenses for 1.55 million other IRS-recognized charities.

Early this month, Ms. Van Dusen learned she had won her case. "I was stunned," she said. "It feels great to have established this precedent."

The Tax Court allowed her to take a charitable deduction for expenses she incurred while taking care of the cats in her home for an IRS-approved charity, Fix Our Ferals. Among the $12,068 in expenses she deducted: food, veterinarian bills, litter, a portion of utility bills, and other items such as paper towels and garbage bags.

The decision, in Van Dusen v. Commissioner, paves the way for volunteers of animal-rescue groups like the ASPCA and Humane Society of the U.S. to deduct unreimbursed expenses that further the groups' missions, such as fostering stray animals.

It also clarifies rules for anybody deducting unreimbursed charitable expenses of $250 or more, especially if they involve use of a home. It affects donors to charities and religious groups, but not political organizations.

So the deal is this: As long as the taxpayer keeps records of the pertinent expenses and the charity writes a letter acknowledging the gift, then any legitimate expenses in excess of $250 — even if we’re talking about rescue animals — can be deducted.

All we oddball animal rescuers have to do is formally align ourselves with an established charitable organization and do what we already do best to get the deductions any other charitable donor would be entitled to. Brilliant, right?

Though those who worry that tax breaks for the crazy cat ladies among us might amount to a license to hoard, well … sure, in some cases. But for the rest of us? It’s one more incentive to take on the next needy case.

That’s how I see it anyway. How about you?

 

 

Dr. Patty Khuly

 

 

Pic of the day: Are you sure you can claim that? by dibytes

 tax cat, tax breaks for cats, cat rescue, cat charity

 

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COMMENTS (9)
1
Woot!
by on 06/14/2011 07:19am

What great news for all the animal people!

Be sure you're aligned with a rescue group with a 501(c)3 status.

Keep those receipts! Deduct, deduct, deduct! And don't forget that mileage. Be sure to keep handwritten notes about how many miles you drive to support the effort.

2
Wonderful News
by on 06/14/2011 09:30am

Thank-you Doctor Khuly, This will help a lot of Rescures. Maybe me, too. I can Hope anyway...

3
Awesome!
by on 06/14/2011 10:14am

So many cash-strapped passionate rescuers spend what little they have on helping animals; it's great that they can get a break here!

4
FABULOUS!
by on 06/14/2011 11:09am

TheOldBroad is right. Be sure you align yourself with a rescue group enjoying 501c(3) status. You know our government; What's theirs is theirs, and what's ours is theirs, too, and they'll find a way to get around this sooner or later....
I posted this on Facebook and will e-mail it around, so as many rescuers as possible can get some relief from the high cost of gas and rising costs of everything else.
Thank you, Dr. K. This will help sooooo many furbabies!

5
Tax Breaks
by on 06/14/2011 11:24am

Fabulous news! Wish there was a way that individual rescuers could receive a break too. My neighbor has spayed/neutered about 10 strays just in the past few months. I think she deserves a break too!

6
To CP on individuals
by on 06/14/2011 12:50pm

In my area (and probably in yours, too) there's an organization willing to partner with small-time cat rescuers (like your neighbor) in a relatively informal way that'll still likely grant them the ability to deduct expenses greater than $250.

At the very least, the spay and neuter certificates purchased through these organizations (typically redeemable for a free spay or neuter at a local veterinary hospital) should be tax-deductible once the $250 mark has been reached.

7
It's about time...
by on 06/14/2011 03:18pm

The IRS started following it's own rules instead of punishing people for not following theirs, even when they don't understand the rule themselves. Last week our shelter passed out a letter to all of their full time, part time and casual volunteers telling them exactly how to keep track of their deductible expenses. They even included a list of office supply stores that sell mileage tracking notebooks (the paper kind) for making it easy. I foster a lot of litters and, although provided food and reimbursed for vet visits, the gas isn't covered by the shelter. Now I can deduct that from my taxes and not be out thousands of dollars every year. Now, if they would just allow me to claim my own pets as "dependants" I might be able to actually live on my income...LOL!

8
back donations??
by on 06/14/2011 03:29pm

I contacted the IRS a few years ago when I started fostering. I have a dedicated room, and foster year round, so I assumed I could write it off similar to a home office. They told me no, but it looks like now I can, how nice. I think I'll have to get an expert to do my taxes this upcoming year... but it will totally be worth it.. not to mention the cost of trash the kittens generate.

9
IRS
by on 06/14/2011 11:16pm

Now how figure out if daily feeding of a feral cat colony, trapping, driving them to the organization that nueters/spays them is the same as "fostering"? Since this charitable work is not at my residence but theirs (the cats). Anymore make it into my house officially makes me the crazy hoarder. However, the colony needs me as much as animals need official foster homes.

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About fully vetted

Patty Khuly, VMD, MBA

Photo of Dr Khuly

Dr. Khuly is a former petMD blogger and small animal veterinarian in Miami, Florida, where she practices medicine at Sunset Animal Clinic and serves on the board of the South Florida Veterinary Medical Association. She is a graduate of Wellesley College, the University of Pennsylvania School of Veterinary Medicine, and The Wharton School of Business.

As a significant sideline, she writes...a lot. She authors pet health columns for USA Today, The Miami Herald and Vetstreet. She also writes a popular monthly column for Veterinary Practice News and serves as regular contributor to Veterinary Economics, The Bark, and the Veterinary News Network.

Dr. Khuly lives in South Miami with her brood of hens, goats, dogs, cats...and humans.

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