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Hi from Just Answer. I'm PDtax, and can assist.
An acquiring corporation can deduct contributions of an acquired corporation, subject to certain limitations.
Treas. Regs. 1.1502-24 Consolidated charitable contributions deduction specifies the application of IRC 170, which allows the limited charitable deduction contribution.
Thanks for asking at Just Answer. Positive feedback is appreciated. I'm PDtax.
I'm sorry, but the only way to really answer your question is to get your facts, and address the potential acquisition/combination.
Hi, my name is ***** ***** expert. The limit on deductions for charitable contributions is found in IRC 170(b)(2) which provides that a corporation may not deduct more than 10% of its taxable income as charitable deductions. Taxable income for this purpose is calculated by not including the following items: 1) the charitable contribution deduction, 2) the dividends received deduction, 3) IRC 249 deduction, 4) the domestic production activities deduction, 5) any net operating loss carryback to the tax year, 6) any capital loss carryback to the tax year.
You did not mention whether the $100K in taxable income is calculated before or after the charitable deduction, or any of the six above items. Therefore, if the $100K in taxable income does not included any charitable contributions, the deduction would be limited to $10K in that tax year, resulting in $90K in net taxable income. If your $100K of taxable income includes, say, $20K in charitable contributions, then taxable income for the charitable deduction limit would be $120K and limited to $12,000 for that year resulting in net taxable income.
I can be more analysis of your specific situation, but like PDtax, I would need to post and additional service offer.
Just a FYI: you can find IRC 170(b)(2) here: https://www.law.cornell.edu/uscode/text/26/170.