PLANNED GIFT TAX CREDIT OFFICE OF STATE TAX COMMISSIONER Schedule ND-1PG SFN 28705 (12-2022) 2022 Attach to Form ND-1 Name(s) Shown On Return Your Social Security Number If you are only carrying over an unused credit from 2019, 2020, or 2021, skip lines 1 through 7, and go to line 8. North Dakota qualified nonprofit organization Name Of Qualified Nonprofit Organization Border Name Of Administering Entity, If Applicable State Org. Address Address City State ZIP Code City State ZIP Code Qualified planned gift 1. Planned gift was given to: Qualified nonprofit organization Qualified endowment fund. Enter name of fund 2. Identify the method used to make the planned gift. See the instructions for the eligibility criteria. (Fill in the applicable circle) Charitable remainder unitrust Charitable gift annuity Deferred charitable gift annuity Charitable remainder annuity trust Charitable lead unitrust Charitable life estate Pooled income fund trust Charitable lead annuity trust Paid-up life insurance policy 3. Date on which qualified planned gift was completed 3 (MM/DD/YYYY) Attach a letter from the qualified nonprofit organization indicating its I.R.C. § 501(c) status, the planned gift method used, the date and amount of the planned gift, and, if applicable, the name of the qualified endowment fund. Calculation of credit 4. Charitable contribution portion of planned gifts completed in 2022 tax year 4 5. If married filing jointly, enter $50,000; otherwise, enter $25,000 5 6. Amount of contribution eligible for credit. Enter smaller of line 4 or line 5 6 7. 2022 credit. Multiply line 6 by 40% (.40) 7 8. Unused credit carryover, if any, from prior tax year(s) 8 9. Total available credit. Add lines 7 and 8 9 10. Amount of line 9 used to reduce tax in 2022. See instructions. Enter this amount on Schedule ND-1TC, line 5 10 11. Unused credit carryover to 2023 11 Adjustment to North Dakota taxable income If you claimed the standard deduction on your 2022 Form 1040 or 1040-SR, line 12, do not complete lines 12 through 15. If you claimed itemized deductions on your 2022 Form 1040 or 1040-SR, line 12, complete lines 12 through 15. However, if there's an amount on line 7 of this schedule and you are also claiming an endowment fund credit on Schedule ND-1QEC, line 5, or from a North Dakota Schedule K-1, do not complete lines 12 through 15; instead, see the instructions for Form ND-1, line 4. 12. Did you deduct the contribution (on line 4 of this schedule) as a charitable contribution on Schedule A (Form 1040 or 1040-SR)? No. Stop here; no adjustment is required based on your 2022 contribution. Yes. Enter the amount from Schedule A (Form 1040 or 1040-SR), line 17 12 13. Enter the federal standard deduction that you would have been allowed on your 2022 Form 1040 or 1040-SR, line 12, had you not itemized deductions on Schedule A (Form 1040 or 1040-SR) - see instructions 13 14. Subtract line 13 from line 12. If result is less than zero, enter -0- 14 15. Enter the smaller of line 6, line 14, or the portion of the amount on line 4 of this schedule allowed as a deduction on your Schedule A (Form 1040 or 1040-SR). Enter this amount on Form ND-1, line 4 15 |
2022 Schedule ND-1PG SFN 28705 (12-2022), Page 2 General instructions 3. It is established for a specific 2. The trust agreement must contain An individual is allowed an income tax religious, educational, or other a provision stating that the trust credit for making a qualified planned charitable purpose. may not terminate and that the gift to a qualified nonprofit organization 4. It may expend only the income beneficiary’s interest in the trust or a qualified endowment fund. See generated by, or the increase in may not be given to the qualified the instructions to line 2 for what is value of, the assets contributed to nonprofit organization or qualified a qualified planned gift. it. endowment fund before the earlier of (a) the date of death of the The credit must be claimed first in the beneficiary or (b) the date that tax year in which the planned gift is Specific line instructions is five years after the date of the made. The unused portion of a credit North Dakota qualified nonprofit contribution. for a planned gift made in the 2022 tax organization Pooled income fund—To qualify, the year may be carried forward for up to Enter the name and address of the trust must be a trust defined under three tax years. North Dakota qualified nonprofit I.R.C. § 642(c)(5). organization. This applies regardless Qualified nonprofit organization. A of whether the planned gift was made Charitable gift annuity—To qualify, qualified nonprofit organization means to the qualified nonprofit organization both of the following must be met: an organization that meets either of the itself or to a qualified endowment following sets of criteria: fund held by the qualified nonprofit 1. The annuity must be a qualified North Dakota-based organization. If a bank, trust company, charitable gift annuity as defined organization. An organization is a or other entity holds and administers for federal income tax purposes. qualified nonprofit organization if it: the planned gift assets or qualified 2. The annuity contract must endowment fund on behalf of the contain a provision that states 1. Is incorporated in North Dakota, qualified nonprofit organization, also the annuitant’s interest in the or has an established location in enter the name and address of that gift annuity may not be assigned North Dakota; entity. to the qualified nonprofit 2. Is tax-exempt under I.R.C. organization or qualified If the qualified nonprofit organization § 501(c); and endowment fund before the earlier is a border state organization, fill in the of (a) the date of death of the 3. Is a charitable donee organization circle next to the organization’s name. annuitant or (b) the date that is as defined under I.R.C. § 170. five years after the date of the Border state organization. An Line 2 contribution. organization is a qualified nonprofit Fill in the circle next to the type of organization if it: qualified planned gift on which the tax Charitable lead unitrust—To qualify, credit is based. To qualify for the credit, the arrangement must satisfy the 1. Is tax-exempt under I.R.C. requirements of I.R.C. § 170(f)(2)(B). the qualified planned gift must consist § 501(c); of an irrevocable charitable contribution Charitable lead annuity trust— To 2. Is a charitable donee organization that was made using one of the qualify, the arrangement must satisfy as defined under I.R.C. § 170. following gifting methods: the requirements of I.R.C. 3. Supports or benefits a hospital, § 170(f)(2)(B). Charitable remainder unitrust—To nursing home, or medical center, qualify, both of the following must or any combination of these; Deferred charitable gift annuity—To apply: qualify, all of the following must be 4. Is located outside North Dakota; met: and 1. The trust must be a trust defined under I.R.C. § 664(d)(2). 5. Is located within five miles 1. The annuity must be a qualified of a North Dakota city with a 2. The trust agreement must contain charitable gift annuity as defined population of 5,000 or more that a provision stating that the trust for federal income tax purposes. does not have a hospital. may not terminate and that the 2. The annuity contract must beneficiary’s interest in the trust contain a provision that requires Qualified endowment fund. A may not be given to the qualified the payment of the annuity to qualified endowment fund means a nonprofit organization or qualified begin within the life expectancy permanent, irrevocable fund that meets endowment fund before the earlier of the annuitant or, if more than all of the following: of (a) the date of death of the one annuitant, the joint life beneficiary or (b) the date that expectancies of the annuitants 1. It is held by a qualified nonprofit is five years after the date of the using the actuarial tables organization (defined above) or contribution. applicable to determining the by a bank or trust company on federal charitable income tax behalf of a qualified nonprofit Charitable remainder annuity organization. trust—To qualify, both of the following deduction on the date of the must be met: contribution. 2. It is comprised of cash, securities, mutual funds, or other investment 1. The trust must be a trust defined assets. under I.R.C. § 664(d)(1). |
2022 Schedule ND-1PG SFN 28705 (12-2022), Page 3 3. The annuity contract must Paid-up life insurance policy—To Line 10 contain a provision that states qualify, both of the following must be Enter on this line only that portion of the annuitant’s interest in the gift met: the available credit on line 9 that is annuity may not be assigned to used to reduce the 2022 tax liability. 1. The policy must be a paid-up policy, the qualified nonprofit organization For example, if the available credit i.e., all premiums for the policy have or qualified endowment fund on line 9 is $1,000, but only $400 is been paid, with no more premiums before the earlier of (a) the date needed to reduce the tax liability to due in the future. of death of the annuitant or (b) zero, enter $400 on line 10. the date that is five years after the 2. The gift of the policy qualifies as a date of the contribution. charitable contribution under I.R.C. Line 11 § 170. Enter the portion of an unused planned Charitable life estate agreement—To gift credit, if any, based on gifts made qualify, the agreement must satisfy the Line 4 in the 2020 through 2022 tax years requirements of I.R.C. § 170(f)(3)(B). Enter the portion of all qualified planned that is being carried over to the 2023 gifts completed in 2022 for which a tax year. charitable contribution deduction is allowed in 2022 for federal income tax Line 13 purposes. To determine the amount of the federal standard deduction to enter on this Line 8 line, see the instructions to the 2022 Enter the allowable portion of an Form 1040 or 1040-SR, line 12. unused planned gift credit, if any, based on gifts made in the 2019 through 2021 tax years that is being carried over to the 2022 tax year. |