Means Test: Charitable Contributions

[DG1966]

Am I able to enter my 10% tithing to my church on the means test? Is that a legitimate monthly 'expense' to get excluded from my income on the means test?

Thanks!

[despritfreya]

Yes - see Part IV Subpart b, line 45,

[Flamingo]

As long as you can back it up with receipts and proof you have been doing it for a while and not just recently. Your church can generate proof of your donations easily for you to provide to your attorney/trustee.

[backtoschool]

As Flamingo says, tithing expenses on your means test require a provable long history of tithing, with receipts. Either way, (ie even if you have the receipts and the history) tithing expenses are a red flag for the US Trustee if you are at or over the median income.

[Wantmypeace]

How far back would you need receipts? I could show 6 months, but then sporatic tithing for the year before that, then consistent, large tithing for the year before that. We've been hit-and-miss depending on income. Any thoughts?

[debee]

I thought you could do 15% charitable (whether tithe or not) based on something I read at the US Trustee program website. But I agree with everyone else that you have to be able to back the amount up with your tax returns. I think it would look suspicious when driven to the point of bankruptcy to suddenly start becoming generous with other people's money.

[debee]

That sounded kinda snotty - I mean from the trustee's perspective, DG, not mine - since they are looking out for the creditor's interest.

[tcreegan]

Hi all,

debee has it right, up to 15% is allowed by title 11 Section 1325(b)(3) Thanks to then Sen Obama and Sen Hatch for the Religious Liberty and Charitable Donation Clarification Act of 2006, signed into law by George Bush.

backtoschool and Flaminge have the history part right. In a few cases I have read, the judge allowed the expense b/c it had the history behind it.