GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2025 S 1 SENATE BILL 684 Short Title: Put Money to Work in Communities Act. (Public) Sponsors: Senators Chitlik, Lowe, and Bradley (Primary Sponsors). Referred to: Rules and Operations of the Senate March 26, 2025 *S684 -v-1* A BILL TO BE ENTITLED 1 AN ACT TO ENACT THE PUT MONEY TO WORK IN COMMUNITIES ACT TO 2 INCREASE AND INCENTI VIZE PHILANTHROPIC INVESTMENT IN ALL 100 3 COUNTIES BY PROVIDIN G A TAX CREDIT FOR C HARITABLE GIFTS BY 4 TAXPAYERS TO ENDOWED FUNDS OF COMMUNITY FOUNDATIONS. 5 The General Assembly of North Carolina enacts: 6 SECTION 1. Part 1 of Article 4 of Chapter 105 of the General Statutes is amended 7 by adding a new section to read: 8 "§ 105-130.34A. Credit to endow qualified community foundations. 9 (a) Purpose, Definitions. – The purpose of this section is to promote philanthropic 10 investments in local community development programs and activities and to enhance the quality 11 of life for residents of the State by providing a tax credit for charitable gifts made by taxpayers 12 to endowed funds held by community foundations in North Carolina. The following definitions 13 apply in this section: 14 (1) Endowed fund. – A fund, including donor-advised funds, community 15 foundation affiliate funds, field-of-interest funds, agency funds, and 16 designated organizational funds, held by a qualified community foundation 17 that (i) benefits charitable causes in the State and (ii) is intended to exist in 18 perpetuity. 19 (2) Endowment gift. – An irrevocable contribution to an endowed fund held by a 20 qualified community foundation. 21 (3) Qualified community foundation. – An entity exempt from federal income 22 taxation under section 501(c) of the Code that meets all of the following 23 requirements: 24 a. It is organized by articles of incorporation in this State to serve the 25 State, one or more counties or municipalities in the State, or both. 26 b. It is comprised of permanent, component funds established by multiple 27 separate donors for the purpose of supporting broad-based charitable 28 interests that solely benefit some or all of the residents of the State. 29 Support, as required in this sub-subdivision, means providing grants 30 to at least two unaffiliated, tax-exempt organizations. 31 c. The board of directors is comprised of community representatives and 32 independent from another entity. 33 d. It complies with the guidelines established by the Department, 34 including compliance with reporting, data privacy, and certification. 35 General Assembly Of North Carolina Session 2025 Page 2 Senate Bill 684-First Edition (4) Qualified contribution. – An endowment gift to a qualified community 1 foundation for an endowed fund that qualifies as a charitable gift under section 2 170(c) of the Code. 3 (b) Credit. – Subject to the limitations in this section, a C Corporation that makes a 4 qualified contribution of at least one thousand dollars ($1,000) to an endowed fund of a qualified 5 community foundation during the taxable year is allowed a credit against the tax imposed by this 6 Part equal to twenty-five percent (25%) of the qualified contribution. The aggregate amount of 7 credit allowed to a corporation in a taxable year under this section for one or more qualified 8 donations made during the taxable year, whether made directly or indirectly as an owner of a 9 pass-through entity, may not exceed fifty thousand dollars ($50,000). The credit may not be taken 10 for the year in which the donation is made but may be taken for the taxable year beginning during 11 the calendar year in which the application for the credit becomes effective as provided in 12 subsection (c) of this section. 13 (c) Application. – To claim the credit provided in this section, a corporation must file an 14 application with the Secretary for the credit. The application must be filed on or before April 15 15 of the year following the calendar year in which the qualified contribution was made. An 16 application is effective for the year in which it is timely filed. The Secretary may not accept late 17 applications under this subsection. The application must be on a form prescribed by the Secretary 18 and include any information required by the Secretary demonstrating that the qualified 19 contribution has met the conditions for the credit 20 (d) Substantiation. – A corporation claiming a credit under this section must maintain and 21 make available for inspection by the Secretary any records the Secretary considers necessary to 22 determine and verify the amount of the credit to which the corporation is entitled. The burden of 23 proving eligibility for the credit and the amount of the credit rests upon the corporation, and no 24 credit may be allowed to a corporation that fails to maintain adequate records or to make them 25 available for inspection. 26 (e) Ceiling; Use Allocation. – The total aggregate amount of all credits allowed to 27 taxpayers under this section and G.S. 105-153.12 for qualified contributions made in a taxable 28 year may not exceed twelve million five hundred thousand dollars ($12,500,000). The Secretary 29 shall, first, fully fund any prorated credits in accordance with subsection (f) of this section and, 30 second, if funds remain after fully funding prorated credits, reopen the application period for 31 credits under this section for which funds have become available. If the Secretary reopens the 32 application period and notwithstanding the application deadline in subsection (c) of this section, 33 the additional applications must be filed with the Secretary on or before October 15 of the year 34 following the calendar year in which the qualified contribution was made. The Secretary may not 35 accept late additional applications permitted under this subsection. The Secretary's 36 determinations based on additional applications timely filed in accordance with this subsection 37 are final. 38 (f) Reduction. – The Secretary shall calculate the total amount of credits claimed from 39 applications timely filed under subsection (c) of this section. If the total amount of credits claimed 40 for qualified contributions made in a calendar year exceeds this maximum amount, the Secretary 41 shall allow a portion of the credits claimed by allocating the maximum amount in credits in 42 proportion to the size of the credit claimed by each taxpayer. If a credit claimed under this section 43 is reduced as provided in this subsection, the Secretary shall notify the corporation of the amount 44 of the reduction of the credit on or before December 31 of the year following the calendar year 45 in which the qualified contribution was made. The Secretary's allocations based on applications 46 filed under subsection (c) of this section are final and shall not be adjusted to account for credits 47 applied for but not claimed. 48 (g) Limitation. – The credit allowed under this section may not exceed the amount of tax 49 imposed by this Part for the taxable year reduced by the sum of all credits allowable, except tax 50 payments made by or on behalf of the taxpayer. 51 General Assembly Of North Carolina Session 2025 Senate Bill 684-First Edition Page 3 (h) Carryforward. – Any unused portion of a credit allowed in this section may be carried 1 forward for the succeeding five years. 2 (i) No Double Benefit. – A taxpayer who claims a credit under this section must add 3 back to taxable income any amount deducted under the Code for the qualified contribution. 4 (j) Sunset. – This section is repealed effective for taxable years beginning on or after 5 January 1, 2030. 6 (k) Report. – The Department must include in the economic incentives report required by 7 G.S. 105-256 the following information: 8 (1) The number of individuals that took the credit allowed under this section. 9 (2) The total amount of credits claimed. 10 (3) The total amount of credits carried forward. 11 (4) Increases to endowed funds held by qualified community foundations. 12 (5) Capture of generational transfer of wealth for the benefit of NC communities 13 and organizations. 14 (6) Improvements to and support of community development programs, projects 15 and activities. 16 (7) The total cost to the General Fund of the credits taken." 17 SECTION 2. Part 2 of Article 4 of Chapter 105 of the General Statutes is amended 18 by adding a new section to read: 19 "§ 105-153.12. Credit to endow qualified community foundations. 20 (a) Purpose, Definitions. – The purpose of this section is to promote philanthropic 21 investments in local community development programs and activities and to enhance the quality 22 of life for residents of the State by providing a tax credit for charitable gifts made by taxpayers 23 to endowed funds held by community foundations in North Carolina. The following definitions 24 apply in this section: 25 (1) Endowed fund. – A fund, including donor-advised funds, community 26 foundation affiliate funds, field-of-interest funds, agency funds, and 27 designated organizational funds, held by a qualified community foundation 28 that (i) benefits charitable causes in the State and (ii) is intended to exist in 29 perpetuity. 30 (2) Endowment gift. – An irrevocable contribution to an endowed fund held by a 31 qualified community foundation. 32 (3) Qualified community foundation. – An entity exempt from federal income 33 taxation under section 501(c) of the Code that meets all of the following 34 requirements: 35 a. It is organized by articles of incorporation in this State to serve the 36 State, one or more counties or municipalities in the State, or both. 37 b. It is comprised of permanent, component funds established by multiple 38 separate donors for the purpose of supporting broad-based charitable 39 interests that solely benefit some or all of the residents of the State. 40 Support, as required in this sub-subdivision, means providing grants 41 to at least two unaffiliated, tax-exempt organizations. 42 c. The board of directors is comprised of community representatives and 43 independent from another entity. 44 d. It complies with the guidelines established by the Department, 45 including compliance with reporting, data privacy, and certification. 46 (4) Qualified contribution. – An endowment gift to a qualified community 47 foundation for an endowed fund that qualifies as a charitable gift under section 48 170(c) of the Code. 49 (b) Credit. – Subject to the limitations in this section, an individual that makes a qualified 50 contribution of at least one thousand dollars ($1,000) to an endowed fund of a qualified 51 General Assembly Of North Carolina Session 2025 Page 4 Senate Bill 684-First Edition community foundation during the taxable year is allowed a credit against the tax imposed by this 1 Part equal to twenty-five percent (25%) of the qualified contribution. The aggregate amount of 2 credit allowed to an individual in a taxable year under this section for one or more qualified 3 donations made during the taxable year may not exceed fifty thousand dollars ($50,000). The 4 credit may not be taken for the year in which the donation is made but may be taken for the 5 taxable year beginning during the calendar year in which the application for the credit becomes 6 effective as provided in subsection (c) of this section. 7 (c) Application. – To claim the credit provided in this section, an individual must file an 8 application with the Secretary for the credit. The application must be filed on or before April 15 9 of the year following the calendar year in which the qualified contribution was made. An 10 application is effective for the year in which it is timely filed. The Secretary may not accept late 11 applications under this subsection. The application must be on a form prescribed by the Secretary 12 and include any information required by the Secretary demonstrating that the qualified 13 contribution has met the conditions for the credit 14 (d) Substantiation. – An individual claiming a credit under this section must maintain and 15 make available for inspection by the Secretary any records the Secretary considers necessary to 16 determine and verify the amount of the credit to which the individual is entitled. The burden of 17 proving eligibility for the credit and the amount of the credit rests upon the individual, and no 18 credit may be allowed to an individual that fails to maintain adequate records or to make them 19 available for inspection. 20 (e) Ceiling; Use Allocation. – The total aggregate amount of all credits allowed to 21 taxpayers under this section and G.S. 105-130.34A for qualified contributions made in a taxable 22 year may not exceed twelve million five hundred thousand dollars ($12,500,000). The Secretary 23 shall, first, fully fund any prorated credits in accordance with subsection (f) of this section and, 24 second, if funds remain after fully funding prorated credits, reopen the application period for 25 credits under this section for which funds have become available. If the Secretary reopens the 26 application period and notwithstanding the application deadline in subsection (c) of this section, 27 the additional applications must be filed with the Secretary on or before October 15 of the year 28 following the calendar year in which the qualified contribution was made. The Secretary may not 29 accept late additional applications permitted under this subsection. The Secretary's 30 determinations based on additional applications timely filed in accordance with this subsection 31 are final. 32 (f) Reduction. – The Secretary shall calculate the total amount of credits claimed from 33 applications timely filed under subsection (c) of this section. If the total amount of credits claimed 34 for qualified contributions made in a calendar year exceeds this maximum amount, the Secretary 35 shall allow a portion of the credits claimed by allocating the maximum amount in credits in 36 proportion to the size of the credit claimed by each taxpayer. If a credit claimed under this section 37 is reduced as provided in this subsection, the Secretary shall notify the corporation of the amount 38 of the reduction of the credit on or before December 31 of the year following the calendar year 39 in which the qualified contribution was made. The Secretary's allocations based on applications 40 filed under subsection (c) of this section are final and shall not be adjusted to account for credits 41 applied for but not claimed. 42 (g) Limitation. – The credit allowed under this section may not exceed the amount of tax 43 imposed by this Part for the taxable year reduced by the sum of all credits allowable, except tax 44 payments made by or on behalf of the individual. 45 (h) Carryforward. – Any unused portion of a credit allowed in this section may be carried 46 forward for the succeeding five years. 47 (i) No Double Bbenefit. – An individual who claims a credit under this section must add 48 back to taxable income any amount deducted under the Code for the qualified contribution. 49 (j) Sunset. – This section is repealed effective for taxable years beginning on or after 50 January 1, 2030. 51 General Assembly Of North Carolina Session 2025 Senate Bill 684-First Edition Page 5 (k) Report. – The Department must include in the economic incentives report required by 1 G.S. 105-256 the following information: 2 (1) The number of individuals that took the credit allowed under this section. 3 (2) The total amount of credits claimed. 4 (3) The total amount of credits carried forward. 5 (4) Increases to endowed funds held by qualified community foundations. 6 (5) Capture of generational transfer of wealth for the benefit of NC communities 7 and organizations. 8 (6) Improvements to and support of community development programs, projects 9 and activities. 10 (7) The total cost to the General Fund of the credits taken." 11 SECTION 3. This act is effective for taxable years beginning on or after January 1, 12 2025. 13