Instructions for Form 8283, (Revised 1098) |
2001 Tax Year |
Noncash Charitable Contributions
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General Instructions
Purpose of Form
Use Form 8283 to report information about noncash charitable
contributions.
Do not use Form 8283 to report out-of-pocket expenses
for volunteer work or amounts you gave by check or credit card. Treat
these items as cash contributions. Also, do not use Form
8283 to figure your charitable contribution deduction. For details on
how to figure the amount of the deduction, see your tax return
instructions.
Additional Information
You may want to see Pub. 526, Charitable Contributions
(for individuals), and Pub. 561, Determining the Value of
Donated Property. If you contributed depreciable property, see
Pub. 544, Sales and Other Dispositions of Assets.
Who Must File
You must file Form 8283 if the amount of your deduction for all
noncash gifts is more than $500. For this purpose, amount of your
deduction means your deduction before applying any
income limits that could result in a carryover. The carryover rules
are explained in Pub. 526. Make any required reductions to fair market
value (FMV) before you determine if you must file Form 8283. See
Fair Market Value (FMV) on page 2.
Form 8283 is filed by individuals, partnerships, and corporations.
Note:
C corporations, other than personal service corporations and
closely held corporations, must file Form 8283 only if the amount
claimed as a deduction is over $5,000.
Partnerships and S corporations.
A partnership or S corporation that claims a deduction for noncash
gifts over $500 must file Form 8283 with Form 1065, 1065-B, or 1120S.
If the total deduction of any item or group of similar items exceeds
$5,000, the partnership or S corporation must complete Section B of
Form 8283 even if the amount allocated to each partner or shareholder
does not exceed $5,000.
The partnership or S corporation must give a completed copy of Form
8283 to each partner or shareholder receiving an allocation of the
contribution deduction shown in Section B of the partnership's or S
corporation's Form 8283.
Partners and shareholders.
The partnership or S corporation will provide information about
your share of the contribution on your Schedule K-1 (Form 1065 or
1120S).
In some cases, the partnership or S corporation must give you a
copy of its Form 8283. If you received a copy of Form 8283 from the
partnership or S corporation, attach a copy to your tax return. Deduct
the amount shown on your Schedule K-1, not the amount shown on the
Form 8283.
If the partnership or S corporation is not required to give you a
copy of its Form 8283, combine the amount of noncash contributions
shown on your Schedule K-1 with your other noncash contributions to
see if you must file Form 8283. If you need to file Form 8283, you do
not have to complete all the information requested in Section A for
your share of the partnership's or S corporation's contributions.
Complete only column (g) of line 1 with your share of the contribution
and enter From Schedule K-1 (Form 1065 or 1120S) across columns
(c)-(f).
When To File
File Form 8283 with your tax return for the year you contribute the
property and first claim a deduction.
Which Sections To Complete
If you must file Form 8283, you may need to complete Section A,
Section B, or both, depending on the type of property donated and the
amount claimed as a deduction.
Section A.
Include in Section A only items (or groups of similar items as
defined on this page) for which you claimed a deduction of $5,000 or
less per item (or group of similar items). Also, include the following
publicly traded securities even if the deduction is more than $5,000.
- Securities listed on an exchange in which quotations are
published daily,
- Securities regularly traded in national or regional
over-the-counter markets for which published quotations are available,
or
- Securities that are shares of a mutual fund for which
quotations are published on a daily basis in a newspaper of general
circulation throughout the United States.
Section B.
Include in Section B only items (or groups of similar items) for
which you claimed a deduction of more than $5,000 (omit publicly
traded securities reportable in Section A). With certain exceptions,
items reported in Section B will require information based on a
written appraisal by a qualified appraiser.
Similar Items of Property
Similar items of property are items of the same generic category or
type, such as stamp collections, coin collections, lithographs,
paintings, books, nonpublicly traded stock, land, or buildings.
Example.
You claimed a deduction of $400 for clothing, $7,000 for publicly
traded securities (quotations published daily), and $6,000 for a
collection of 15 books ($400 each). Report the clothing and securities
in Section A and the books (a group of similar items) in Section B.
Special Rule for Certain C Corporations
A special rule applies for deductions taken by certain C
corporations under section 170(e)(3) or (4) for contributions of
inventory or scientific equipment.
To determine if you must file Form 8283 or which section to
complete, use the difference between the amount you claimed as a
deduction and the amount you would have claimed as cost of goods sold
(COGS) had you sold the property instead. This rule is only
for purposes of Form 8283. It does not change the amount or
method of figuring your contribution deduction.
If you do not have to file Form 8283 because of this rule, you must
attach a statement to your tax return (similar to the one in the
example below). Also, attach a statement if you must complete Section
A, instead of Section B, because of this rule.
Example.
You donated clothing from your inventory for the care of the needy.
The clothing cost you $5,000 and your claimed charitable deduction is
$8,000. Complete Section A instead of Section B because the difference
between the amount you claimed as a charitable deduction and the
amount that would have been your COGS deduction is $3,000 ($8,000 -
$5,000). Attach a statement to Form 8283 similar to the following:
|
Form 8283 - Inventory |
Contribution deduction |
$8,000 |
COGS (if sold, not donated) |
- 5,000 |
For Form 8283 filing purposes |
=$3,000 |
Fair Market Value (FMV)
Although the amount of your deduction determines if you
have to file Form 8283, you also need to have information about the
value of your contribution to complete the form.
FMV is the price a willing, knowledgeable buyer would
pay a willing, knowledgeable seller when neither has to buy or sell.
You may not always be able to deduct the FMV of your contribution.
Depending on the type of property donated, you may have to reduce the
FMV to get to the deductible amount, as explained next.
Reductions to FMV.
The amount of the reduction (if any) depends on whether the
property is ordinary income property or capital gain property. Attach
a statement to your tax return showing how you figured the reduction.
Ordinary income property is property that would result
in ordinary income or short-term capital gain if it were sold at its
FMV on the date it was contributed. Examples of ordinary income
property are inventory, works of art created by the donor, and capital
assets held for 1 year or less. The deduction for a gift of ordinary
income property is limited to the FMV minus the amount that would be
ordinary income or short-term capital gain if the property were sold.
Capital gain property is property that would result in
long-term capital gain if it were sold at its FMV on the date it was
contributed. It includes certain real property and depreciable
property used in your trade or business, and generally held for more
than 1 year. You usually may deduct gifts of capital gain property at
their FMV. However, you must reduce the FMV by the amount of any
appreciation if any of the following apply.
- The capital gain property is contributed to certain private
nonoperating foundations. This rule does not apply to qualified
appreciated stock.
- You choose the 50% limit instead of the special 30%
limit.
- The contributed property is tangible personal property that
is put to an unrelated use (as defined in Pub. 526) by the
charity.
Qualified conservation contribution.
If your donation qualifies as a qualified conservation
contribution under section 170(h), attach a statement showing the
FMV of the underlying property before and after the gift and the
conservation purpose furthered by the gift. See Pub. 561 for more
details.
Specific Instructions
Identifying number.
Individuals must enter their social security number or individual
taxpayer identification number. All other filers should enter their
employer identification number.
Section A
Part I, Information on Donated Property
Line 1
Column (b).
Describe the property in sufficient detail. The greater the value,
the more detail you need. For example, a car should be described in
more detail than pots and pans.
For securities, include the following:
- Name of the issuer,
- Kind of security,
- Whether a share of a mutual fund, and
- Whether regularly traded on a stock exchange or in an
over-the-counter market.
Note:
If the amount you claimed as a deduction for the item is $500 or
less, you do not have to complete columns (d), (e), and (f).
Column (d).
Enter the approximate date you acquired the property. If it was
created, produced, or manufactured by or for you, enter the date it
was substantially completed.
Column (e).
State how you acquired the property (i.e., by purchase, gift,
inheritance, or exchange).
Column (f).
Do not complete this column for publicly traded
securities or property held 12 months or more. Keep records on cost or
other basis.
Note:
If you have reasonable cause for not providing the information in
columns (d) and (f), attach an explanation.
Column (g).
Enter the FMV of the property on the date you donated it. If you
were required to reduce the FMV of your deduction or you gave a
qualified conservation contribution, you must attach a statement. See
Fair Market Value (FMV) on this page for the type of
statement to attach.
Column (h).
Enter the method(s) you used to determine the FMV. The FMV of used
household goods and clothing is usually much lower than when new. A
good measure of value might be the price that buyers of these used
items actually pay in consignment or thrift shops.
Examples of entries to make include Appraisal, Thrift
shop value (for clothing or household goods), Catalog (for
stamp or coin collections), or Comparable sales (for real
estate and other kinds of assets). See Pub. 561.
Part II, Other Information
If Part II applies to more than one property, attach a separate
statement. Give the required information for each property separately.
Identify which property listed in Part I the information relates to.
Lines 2a Through 2e
Complete lines 2a-2e only if you contributed less than the
entire interest in the donated property during the tax year. On line
2b, enter the amount claimed as a deduction for this tax year and in
any prior tax years for gifts of a partial interest in the same
property.
Lines 3a Through 3c
Complete lines 3a-3c only if you attached restrictions to the
right to the income, use, or disposition of the donated property. An
example of a restricted use is furniture that you gave only to
be used in the reading room of an organization's library. Attach a
statement explaining (1) the terms of any agreement or
understanding regarding the restriction, and (2) whether
the property is designated for a particular use.
Section B
Part I, Information on Donated Property
You must have a written appraisal from a qualified appraiser that
supports the information in Part I. However, see the Exceptions
below.
Use Part I to summarize your appraisal(s). Generally, you do not
need to attach the appraisals but you should keep them for your
records. But see Art valued at $20,000 or more below.
Exceptions.
You do not need a written appraisal if the property is:
- Nonpublicly traded stock of $10,000 or less,
- Certain securities considered to have market quotations
readily available (see Regulations section
1.170A-13(c)(7)(xi)(B)),
- A donation by a C corporation (other than a closely held
corporation or personal service corporation), or
- Inventory and other property donated by a closely held
corporation or a personal service corporation that are qualified
contributions for the care of the ill, the needy, or infants,
within the meaning of section 170(e)(3)(A).
Although a written appraisal is not required for the types of
property listed above, you must provide certain information in Part I
of Section B (see Regulations section 1.170A-13(c)(4)(iv)) and have
the donee organization complete Part IV.
Art valued at $20,000 or more.
If your total deduction for art is $20,000 or more, you must attach
a complete copy of the signed appraisal. For individual objects valued
at $20,000 or more, a photograph must be provided upon request. The
photograph must be of sufficient quality and size (preferably an 8 x
10 inch color photograph or a color transparency no smaller than 4 x 5
inches) to fully show the object.
Appraisal Requirements
The appraisal must be made not earlier than 60 days before the date
you contribute the property. You must receive the appraisal before the
due date (including extensions) of the return on which you first claim
a deduction for the property. For a deduction first claimed on an
amended return, the appraisal must be received before the date the
amended return was filed.
A separate qualified appraisal and a separate Form 8283 are
required for each item of property except for an item that is part of
a group of similar items. Only one appraisal is required for a group
of similar items contributed in the same tax year, if it includes all
the required information for each item. The appraiser may group
similar items with a collective value appraised at $100 or less.
If you gave similar items to more than one donee for which you
claimed a total deduction of more than $5,000, you must attach a
separate form for each donee.
Example.
You claimed a deduction of $2,000 for books given to College A,
$2,500 for books given to College B, and $900 for books given to a
public library. You must attach a separate Form 8283 for each donee.
See Regulations section 1.170A-13(c)(3)(i)-(ii) for the
definition of a qualified appraisal and information to be
included in the appraisal.
Line 5
Note:
You must complete at least column (a) of line 5 (and
column (b) if applicable) before submitting Form 8283 to the donee.
You may then complete the remaining columns.
Column (a).
Provide enough detail so a person unfamiliar with the property
could identify it in the appraisal.
Column (c).
Include the FMV from the appraisal. If you were not required to get
an appraisal, include the FMV you determine to be correct.
Columns (d)-(f).
If you have reasonable cause for not providing the information in
columns (d), (e), or (f), attach an explanation so your deduction will
not automatically be disallowed.
Column (g).
A bargain sale is a transfer of property that is in part a sale or
exchange and in part a contribution. Enter the amount received for
bargain sales.
Column (h).
Complete column (h) only if you were not required to get an
appraisal, as explained earlier.
Column (i).
Complete column (i) only if you donated securities for which market
quotations are considered to be readily available because the issue
satisfies the five requirements described in Regulations section
1.170A-13(c)(7)(xi)(B).
Part II, Taxpayer (Donor) Statement
Complete Part II for each item included in Part I that has an
appraised value of $500 or less. Because you do not have to show the
value of these items in Part I of the donee's copy of Form 8283,
clearly identify them for the donee in Part II. Then, the donee does
not have to file Form 8282, Donee Information Return, for
items valued at $500 or less. See the Note on page 4 for
more details about filing Form 8282.
The amount of information you give in Part II depends on the
description of the donated property you enter in Part I. If you show a
single item as Property A in Part I and that item is appraised
at $500 or less, then the entry Property A in Part II is
enough. However, if Property A consists of several items and
the total appraised value is over $500, list in Part II any item(s)
you gave that is valued at $500 or less.
All shares of nonpublicly traded stock or items in a set are
considered one item. For example, a book collection by the same
author, components of a stereo system, or six place settings of a
pattern of silverware are one item for the $500 test.
Example.
You donated books valued at $6,000. The appraisal states that one
of the items, a collection of books by author X, is worth $400.
On the Form 8283 that you are required to give the donee, you decide
not to show the appraised value of all of the books. But you also do
not want the donee to have to file Form 8282 if the collection of
books is sold. If your description of Property A on line 5 includes
all the books, then specify in Part II the collection of books by X
included in Property A. But if your Property A description is
collection of books by X, the only required entry in Part II is
Property A.
In the above example, you may have chosen instead to give a
completed copy of Form 8283 to the donee. The donee would then be
aware of the value. If you include all the books as Property A on line
5, and enter $6,000 in column (c), you may still want to describe the
specific collection in Part II so the donee can sell it without filing
Form 8282.
Part III, Declaration of Appraiser
If you had to get an appraisal, the appraiser must
complete Part III to be considered qualified. See Regulations section
1.170A-13(c)(5) for a definition of a qualified appraiser.
Persons who cannot be qualified appraisers are listed in the
Declaration of Appraiser. Usually, a party to the transaction will not
qualify to sign the declaration. But a person who sold, exchanged, or
gave the property to you may sign the declaration if the property was
donated within 2 months of the date you acquired it and the property's
appraised value did not exceed its acquisition price.
An appraiser may not be considered qualified if you had knowledge
of facts that would cause a reasonable person to expect the appraiser
to falsely overstate the value of the property. An example of this is
an agreement between you and the appraiser about the property value
when you know that the appraised amount exceeds the actual FMV.
Usually, appraisal fees cannot be based on a percentage of the
appraised value unless the fees were paid to certain not-for-profit
associations. See Regulations section 1.170A-13(c)(6)(ii).
Part IV, Donee Acknowledgment
The donee organization that received the property described in Part
I of Section B must complete Part IV. Before submitting page 2 of Form
8283 to the donee for acknowledgment, complete at least your name,
identifying number, and description of the donated property (line 5,
column (a)). If tangible property is donated, also describe its
physical condition (line 5, column (b)) at the time of the gift.
Complete Part II, if applicable, before submitting the form to the
donee. See the instructions for Part II.
The person acknowledging the gift must be an official authorized to
sign the tax returns of the organization, or a person specifically
designated to sign Form 8283. After completing Part IV, the
organization must return Form 8283 to you, the donor. You must give a
copy of Section B of this form to the donee organization. You may then
complete any remaining information required in Part I. Also, Part III
may be completed at this time by the qualified appraiser.
In some cases, it may be impossible to get the donee's signature on
the Appraisal Summary. The deduction will not be disallowed for that
reason if you attach a detailed explanation why it was impossible.
Note:
If the donee (or a successor donee) organization disposes of the
property within 2 years after the date the original donee received it,
the organization must file Form 8282, Donee Information
Return, with the IRS and send a copy to the donor. An exception
applies to items having a value of $500 or less if the donor
identified the items and signed the statement in Part II (Section B)
of Form 8283. See the instructions for Part II.
Failure To File Form 8283, Section B
If you fail to attach Form 8283 to your return for donated property
that is required to be reported in Section B, your deduction will be
disallowed unless your failure was due to a good-faith omission. If
the IRS asks you to submit the form, you have 90 days to send a
completed Section B of Form 8283 before your deduction is disallowed.
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