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(1) The donor must attach a copy of the following information to the tax return reporting the credit:

(a) a receipt acknowledging the amount of the allowable contribution from the:

(i) tax-exempt organization under 26 USC 501(c)(3) holding the qualified endowment receiving the contribution;

(ii) trustee of the trust administering the planned gift; or

(iii) bank or trust company holding a qualified endowment on behalf of a tax exempt organization.

(b) the date of the contribution to the qualified endowment or the planned gift;

(c) the name of the organization incorporated or established in Montana holding the qualified endowment fund or the name of the tax exempt organization on behalf of which the qualified endowment fund is held;

(d) in the case of a charitable trust where the charity is yet to be named, the donor shall include a copy of the disposition clause of the charitable trust which gives evidence that a qualified endowment fund has been created;

(e) a description of the type of gift, i.e. outright gift, charitable remainder unitrust, charitable gift annuity, etc.; and

(f) in the case of an outright gift, the receipt in (a) must state that the contribution was placed in a permanent irrevocable fund as defined in ARM 42.4.2701.

(2) The information required by these rules will be reported on forms prescribed and made available by the department.

History: 15-30-2620, 15-31-501, MCA; IMP, 15-30-2328, 15-30-2329, 15-31-161, 15-31-162, MCA; NEW, 1998 MAR p. 1004, Eff. 4/17/98; AMD, 2000 MAR p. 2109, Eff. 8/11/00; TRANS, from ARM 42.15.516, 2004 MAR p. 1965, Eff. 8/20/04; AMD, 2010 MAR p. 1209, Eff. 5/14/10; AMD, 2013 MAR p. 216, Eff. 2/15/13.

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