Commercial license required?

[JonS]

Hi everyone-

Sorry if this is a duplicate post, I am new here (though I found this site about 6 months ago). I am just curious if flying one of these missions would require a Commercial license, or if a Private license is sufficient. I suspect a Private is sufficient, since these are arranged between private parties and no compensation is involved.

Does the FAA view it any different if we go for the icing on the cake with a charitable deduction for an airplane rental? (Not for services, just the cost of the rental).

Thanks in advance,
Jon S (Using the "S" since I saw another Jon on here!)

[Jon]

Since there is no compensation I see no reason why a commercial license is required.

A commercial license doesn't automatically entitle you to receive compensation anyway. There are a lot of hoops to jump through if you expect compensation and that falls under part 135.

Before you even consider accepting any form of compensation check the FARs. We do not expect anyone transporting animals to receive any compensation, we do expect pilots offering to fly transports to do so voluntarily and with no compensation expected.

[jpschulz]

Jon,

You can only claim a tax deduction for charitable contributions made to a 501c3 organization. So far Pilots N Paws does not have that yet, although I understand it is in the works. However, many of the rescues probably are.

Angel Flight missions are tax deductible. We get a report at the end of the year on our donations. I think that is required by tax regulations. Work with the specific rescues you fly for to ensure you have the proper documentation. Contact your tax professional for advice.

As far as the FAA regulations, I believe at one time the FAA tried to cite a pilot for taking a tax deduction for a charitable flight, but the action was overturned. That is a good question for AOPA (which is where I think I read it).

Jeff S
Waukesha, WI

[Jon]

Our 501c3 application has been acknowledged by the IRS and the letter states we should hear from them within about 50 days from now. I believe, but this needs to be confirmed that flights conducted since our incorporation which was 11/08 can be treated as charitable donations once the 501c3 is granted. This topic has been discussed with the IRS and unless we have a paperwork error or omission we expect approval.

You are absolutely correct in that some rescues and shelters are 501c3 and they can issue a document regarding transport rescues so pilots who have done flights can claim the donation.

The amount a pilot can claim is something that each pilot must go over with their own accountant.

I do not see anything that allows a pilot doing a rescue to receive compensation without getting into a very questionable area with respect to the FARs. If a rescue or shelter or a contributor offers a pilot some form of compensation I would urge that pilot to very carefully review this with an aviation attorney, or contact an expert such an AOPA staff member.

[JonS]

Great, thanks for the quick replies. My read as well on the FARs in that a Private license is sufficient, but wanted to get some second opinions!

Jon S

[Jon]

JonS, I don't see anything that would prevent a student pilot from doing a rescue flight as long as he had the cross country endorsement. I would NOT recommend it, but since animals are not considered passengers it would likely be legal Not smart, but probably legal.