[Code of Federal Regulations]
[Title 26, Volume 3]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 26CFR1.170A-7]

[Page 68-71]
 
                       TITLE 26--INTERNAL REVENUE
 
    CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY 
                               (CONTINUED)
 
PART 1--INCOME TAXES--Table of Contents
 
Sec. 1.170A-7  Contributions not in trust of partial interests in property.

    (a) In general. (1) In the case of a charitable contribution, not 
made by a transfer in trust, of any interest in property which consists 
of less than the donor's entire interest in such property, no deduction 
is allowed under section 170 for the value of such interest unless the 
interest is an interest

[[Page 69]]

described in paragraph (b) of this section. See section 170(f)(3)(A). 
For purposes of this section, a contribution of the right to use 
property which the donor owns, for example, a rent-free lease, shall be 
treated as a contribution of less than the taxpayer's entire interest in 
such property.
    (2)(i) A deduction is allowed without regard to this section for a 
contribution of a partial interest in property if such interest is the 
taxpayer's entire interest in the property, such as an income interest 
or a remainder interest. Thus, if securities are given to A for life, 
with the remainder over to B, and B makes a charitable contribution of 
his remainder interest to an organization described in section 170(c), a 
deduction is allowed under section 170 for the present value of B's 
remainder interest in the securities. If, however, the property in which 
such partial interest exists was divided in order to create such 
interest and thus avoid section 170(f)(3)(A), the deduction will not be 
allowed. Thus, for example, assume that a taxpayer desires to contribute 
to a charitable organization an income interest in property held by him, 
which is not of a type described in paragraph (b)(2) of this section. If 
the taxpayer transfers the remainder interest in such property to his 
son and immediately thereafter contributes the income interest to a 
charitable organization, no deduction shall be allowed under section 170 
for the contribution of the taxpayer's entire interest consisting of the 
retained income interest. In further illustration, assume that a 
taxpayer desires to contribute to a charitable organization the 
reversionary interest in certain stocks and bonds held by him, which is 
not of a type described in paragraph (b)(2) of this section. If the 
taxpayer grants a life estate in such property to his son and 
immediately thereafter contributes the reversionary interest to a 
charitable organization, no deduction will be allowed under section 170 
for the contribution of the taxpayer's entire interest consisting of the 
reversionary interest.
    (ii) A deduction is allowed without regard to this section for a 
contribution of a partial interest in property if such contribution 
constitutes part of a charitable contribution not in trust in which all 
interests of the taxpayer in the property are given to a charitable 
organization described in section 170(c). Thus, if on March 1, 1971, an 
income interest in property is given not in trust to a church and the 
remainder interest in the property is given not in trust to an 
educational organization described in section 170(b)(1)(A), a deduction 
is allowed for the value of such property.
    (3) A deduction shall not be disallowed under section 170(f)(3)(A) 
and this section merely because the interest which passes to, or is 
vested in, the charity may be defeated by the performance of some act or 
the happening of some event, if on the date of the gift it appears that 
the possibility that such act or event will occur is so remote as to be 
negligible. See paragraph (e) of Sec. 1.170A-1.
    (b) Contributions of certain partial interests in property for which 
a deduction is allowed. A deduction is allowed under section 170 for a 
contribution not in trust of a partial interest which is less than the 
donor's entire interest in property and which qualifies under one of the 
following subparagraphs:
    (1) Undivided portion of donor's entire interest. (i) A deduction is 
allowed under section 170 for the value of a charitable contribution not 
in trust of an undivided portion of a donor's entire interest in 
property. An undivided portion of a donor's entire interest in property 
must consist of a fraction or percentage of each and every substantial 
interest or right owned by the donor in such property and must extend 
over the entire term of the donor's interest in such property and in 
other property into which such property is converted. For example, 
assuming that in 1967 B has been given a life estate in an office 
building for the life of A and that B has no other interest in the 
office building, B will be allowed a deduction under section 170 for his 
contribution in 1972 to charity of a one-half interest in such life 
estate in a transfer which is not made in trust. Such contribution by B 
will be considered a contribution of an undivided portion of the donor's 
entire interest in property. In further illustration, assuming that in 
1968 C has been given

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the remainder interest in a trust created under the will of his father 
and C has no other interest in the trust, C will be allowed a deduction 
under section 170 for his contribution in 1972 to charity of a 20-
percent interest in such remainder interest in a transfer which is not 
made in trust. Such contribution by C will be considered a contribution 
of an undivided portion of the donor's entire interest in property. If a 
taxpayer owns 100 acres of land and makes a contribution of 50 acres to 
a charitable organization, the charitable contribution is allowed as a 
deduction under section 170. A deduction is allowed under section 170 
for a contribution of property to a charitable organization whereby such 
organization is given the right, as a tenant in common with the donor, 
to possession, dominion, and control of the property for a portion of 
each year appropriate to its interest in such property. However, for 
purposes of this subparagraph a charitable contribution in perpetuity of 
an interest in property not in trust where the donor transfers some 
specific rights and retains other substantial rights will not be 
considered a contribution of an undivided portion of the donor's entire 
interest in property to which section 170(f)(3)(A) does not apply. Thus, 
for example, a deduction is not allowable for the value of an immediate 
and perpetual gift not in trust of an interest in original historic 
motion picture films to a charitable organization where the donor 
retains the exclusive right to make reproductions of such films and to 
exploit such reproductions commercially.
    (ii) With respect to contributions made on or before December 17, 
1980, for purposes of this subparagraph a charitable contribution of an 
open space easement in gross in perpetuity shall be considered a 
contribution of an undivided portion of the donor's entire interest in 
property to which section 170(f)(3)(A) does not apply. For this purpose 
an easement in gross is a mere personal interest in, or right to use, 
the land of another; it is not supported by a dominant estate but is 
attached to, and vested in, the person to whom it is granted. Thus, for 
example, a deduction is allowed under section 170 for the value of a 
restrictive easement gratuitously conveyed to the United States in 
perpetuity whereby the donor agrees to certain restrictions on the use 
of his property, such as, restrictions on the type and height of 
buildings that may be erected, the removal of trees, the erection of 
utility lines, the dumping of trash, and the use of signs. For the 
deductibility of a qualified conservation contribution, see Sec. 1.170A-
14.
    (2) Partial interests in property which would be deductible in 
trust. A deduction is allowed under section 170 for the value of a 
charitable contribution not in trust of a partial interest in property 
which is less than the donor's entire interest in the property and which 
would be deductible under section 170(f)(2) and Sec. 1.170A-6 if such 
interest had been transferred in trust.
    (3) Contribution of a remainder interest in a personal residence. A 
deduction is allowed under section 170 for the value of a charitable 
contribution not in trust of an irrevocable remainder interest in a 
personal residence which is not the donor's entire interest in such 
property. Thus, for example, if a taxpayer contributes not in trust to 
an organization described in section 170(c) a remainder interest in a 
personal residence and retains an estate in such property for life or 
for a term of years, a deduction is allowed under section 170 for the 
value of such remainder interest not transferred in trust. For purposes 
of section 170(f)(3)(B)(i) and this subparagraph, the term personal 
residence means any property used by the taxpayer as his personal 
residence even though it is not used as his principal residence. For 
example, the taxpayer's vacation home may be a personal residence for 
purposes of this subparagraph. The term personal residence also includes 
stock owned by a taxpayer as a tenant-stockholder in a cooperative 
housing corporation (as those terms are defined in section 216(b) (1) 
and (2)) if the dwelling which the taxpayer is entitled to occupy as 
such stockholder is used by him as his personal residence.
    (4) Contribution of a remainder interest in a farm. A deduction is 
allowed under section 170 for the value of a charitable contribution not 
in trust of an irrevocable remainder interest in a farm

[[Page 71]]

which is not the donor's entire interest in such property. Thus, for 
example, if a taxpayer contributes not in trust to an organization 
described in section 170(c) a remainder interest in a farm and retains 
an estate in such farm for life or for a term of years, a deduction is 
allowed under section 170 for the value of such remainder interest not 
transferred in trust. For purposes of section 170(f)(3)(B)(i) and this 
subparagraph, the term farm means any land used by the taxpayer or his 
tenant for the production of crops, fruits, or other agricultural 
products or for the sustenance of livestock. The term livestock includes 
cattle, hogs, horses, mules, donkeys, sheep, goats, captive fur-bearing 
animals, chickens, turkeys, pigeons, and other poultry. A farm includes 
the improvements thereon.
    (5) Qualified conservation contribution. A deduction is allowed 
under section 170 for the value of a qualified conservation 
contribution. For the definition of a qualified conservation 
contribution, see Sec. 1.170A-14.
    (c) Valuation of a partial interest in property. Except as provided 
in Sec. 1.170A-14, the amount of the deduction under section 170 in the 
case of a charitable contribution of a partial interest in property to 
which paragraph (b) of this section applies is the fair market value of 
the partial interest at the time of the contribution. See Sec. 1.170A-
1(c). The fair market value of such partial interest must be determined 
in accordance with Sec. 20.2031-7, of this chapter (Estate Tax 
Regulations), except that, in the case of a charitable contribution of a 
remainder interest in real property which is not transferred in trust, 
the fair market value of such interest must be determined in accordance 
with section 170(f)(4) and Sec. 1.170A-12. In the case of a charitable 
contribution of a remainder interest in the form of a remainder interest 
in a pooled income fund, a charitable remainder annuity trust, or a 
charitable remainder unitrust, the fair market value of the remainder 
interest must be determined as provided in paragraph (b)(2) of 
Sec. 1.170A-6. However, in some cases a reduction in the amount of a 
charitable contribution of the remainder interest may be required. See 
section 170(e) and paragraph (a) of Sec. 1.170A-4.
    (d) Illustrations. The application of this section may be 
illustrated by the following examples:

    Example 1. A, an individual owning a 10-story office building, 
donates the rent-free use of the top floor of the building for the year 
1971 to a charitable organization. Since A's contribution consists of a 
partial interest to which section 170(f)(3)(A) applies, he is not 
entitled to a charitable contributions deduction for the contribution of 
such partial interest.
    Example 2. In 1971, B contributes to a charitable organization an 
undivided one-half interest in 100 acres of land, whereby as tenants in 
common they share in the economic benefits from the property. The 
present value of the contributed property is $50,000. Since B's 
contribution consists of an undivided portion of his entire interest in 
the property to which section 170(f)(3)(B) applies, he is allowed a 
deduction in 1971 for his charitable contribution of $50,000.
    Example 3. In 1971, D loans $10,000 in cash to a charitable 
organization and does not require the organization to pay any interest 
for the use of the money. Since D's contribution consists of a partial 
interest to which section 170(f)(3)(A) applies, he is not entitled to a 
charitable contributions deduction for the contribution of such partial 
interest.

    (e) Effective date. This section applies only to contributions made 
after July 31, 1969. The deduction allowable under Sec. 1.170A-
7(b)(1)(ii) shall be available only for contributions made on or before 
December 17, 1980. Except as otherwise provided in Sec. 1.170A-
14(g)(4)(ii), the deduction allowable under Sec. 1.170A-7(b)(5) shall be 
available for contributions made on or after December 18, 1980.

(83 Stat. 544, 26 U.S.C. 170(f)(4); 83 Stat. 560, 26 U.S.C. 642(c)(5); 
68A Stat. 917, 26 U.S.C. 7805)

[T.D. 7207, 37 FR 20782, Oct. 4, 1972; 37 FR 22982, Oct. 27, 1972; as 
amended by T.D. 7955, 49 FR 19975, May 11, 1984; T.D. 8069, 51 FR 1498, 
Jan. 14, 1986; T.D. 8540, 59 FR 30102, June 10, 1994]