Q: Can the non refundable tuition pre-paid for a private school be converted to a tax deductible donation?
My wife and I changed our daughter’s school from private to charter June 2017 due to financial hardship before she began the 2017/2018 year.
School in question offered a tax donation receipt for family friend previous year but are refusing to do same for us, firstly citing that they are legally not allowed to. When reminded of the precedent they set, they now changed their stance saying it was new school policy based on advice from lawyers not to convert tuition to donation and give receipts if the child does not attend the school.
Is this right what they are doing? What are they benefiting from by not giving a receipt?
It’s a large sum of money to just give up on and let dissolve into thin air. Is there anything I can do to get the receipt?
Thank you in advance!
A: It's possible that they are being truthful and relying on their advice of counsel. It's possibly because there is a different entity that accepts donations (like an irrevocable trust for instance or a fund). If the tuition was deposited into the operating account they can't just make an accounting entry to call it a donation. You may want to reach out to them and get an agreement in place to give them a donation separately and once the donation hits they refund you the tuition deposit, wouldn't hurt to see if they'd agree to that.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
