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Audit Considerations




                            The only charitable contributions that are deductible by the S portion of an ESBT are those that pass-through an

                            S corporation as a separately-stated item shown on Sch. K-1.



                            The charitable deduction within the S portion of an ESBT is now subject to the same AGI limitations that are applicable to
                            individuals. The AGI of the S portion of an ESBT is computed in the same manner as an individual taxpayer, except that
                            administrative costs allocable to the S portion (to the extent they are costs incurred in the administration of the trust that

                            wouldn’t have been incurred if the property were not held by a trust) may be deducted in determining AGI.





                                                                                                                 Summary




                            The S portion of an ESBT that is not a grantor trust determines its charitable deduction using the rules applicable to
                            individuals and may carry forward charitable deductions that cannot be used due to AGI limitations.














































                            73233-102                                                                                 13542-4                                                                Tax Cuts and Jobs Act
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