Pub. 561, Determining the Value of Donated Property |
2004 Tax Year |
Main Contents
This is archived information that pertains only to the 2004 Tax Year. If you are looking for information for the current tax year, go to the Tax Prep Help Area.
What Is Fair
Market Value (FMV)?
To figure how much you may deduct for property that you contribute,
you must first determine its fair market value on the date of the
contribution.
Fair market value.
Fair market value (FMV) is the price that property would sell for
on the open market. It is the price that would be agreed on between a
willing buyer and a willing seller, with neither being required to
act, and both having reasonable knowledge of the relevant facts. If
you put a restriction on the use of property you donate, the FMV must
reflect that restriction.
Example 1.
If you give used clothing to the Salvation Army, the FMV would be
the price that typical buyers actually pay for clothing of this age,
condition, style, and use. Usually, such items are worth far less than
what you paid for them.
Example 2.
If you donate land and restrict its use to agricultural purposes,
you must value the land at its value for agricultural purposes, even
though it would have a higher FMV if it were not restricted.
Factors.
In making and supporting the valuation of property, all factors
affecting value are relevant and must be considered. These include:
-
The cost or selling price of the item,
-
Sales of comparable properties,
-
Replacement cost, and
-
Opinions of experts.
These factors are discussed later. Also, see Table 1 for
a summary of questions to ask as you consider each factor.
Date of contribution.
Ordinarily, the date of a contribution is the date that the
transfer of the property takes place.
Stock.
If you deliver, without any conditions, a properly endorsed stock
certificate to a qualified organization or to an agent of the
organization, the date of the contribution is the date of delivery. If
the certificate is mailed and received through the regular mail, it is
the date of mailing. If you deliver the certificate to a bank or
broker acting as your agent or to the issuing corporation or its
agent, for transfer into the name of the organization, the date of the
contribution is the date the stock is transferred on the books of the
corporation.
Options.
If you grant an option to a qualified organization to purchase real
property, you have not made a charitable contribution until the
organization exercises the option. The amount of the contribution is
the FMV of the property on the date the option is exercised minus the
exercise price.
Example.
You grant an option to a local university, which is a qualified
organization, to purchase real property. Under the option, the
university could purchase the property at any time during a 2-year
period for $40,000. The FMV of the property on the date the option is
granted is $50,000.
In the following tax year, the university exercises the option. The
FMV of the property on the date the option is exercised is $55,000.
Therefore, you have made a charitable contribution of $15,000
($55,000, the FMV, minus $40,000, the exercise price) in the tax year
the option is exercised.
Determining
Fair Market Value
Determining the value of donated property would be a simple matter
if you could rely only on fixed formulas, rules, or methods. Usually
it is not that simple. Using such formulas, etc., seldom results in an
acceptable determination of FMV. There is no single formula that
always applies when determining the value of property.
This is not to say that a valuation is only guesswork. You must
consider all the facts and circumstances connected with the property,
such as its desirability, use, and scarcity.
For example, donated furniture should not be evaluated at some
fixed rate such as 15% of the cost of new replacement furniture. When
the furniture is contributed, it may be out of style or in poor
condition, therefore having little or no market value. On the other
hand, it may be an antique, the value of which could not be determined
by using any formula.
Cost or Selling Price of
the Donated Property
Your cost of the property or the actual selling price received by
the qualified organization may be the best indication of its FMV.
However, because conditions in the market change, the cost or selling
price of property may have less weight if the property was not bought
or sold reasonably close to the date of contribution.
The cost or selling price is a good indication of the property's
value if:
-
The purchase or sale took place close to the valuation date
in an open market,
-
The purchase or sale was at “arm's-length,”
-
The buyer and seller knew all relevant facts,
-
The buyer and seller did not have to act, and
-
The market did not change between the date of purchase or
sale and the valuation date.
Example.
Tom Morgan, who is not a dealer in gems, bought an assortment of
gems for $5,000 from a promoter. The promoter claimed that the price
was “wholesale” even though he and other dealers made similar
sales at similar prices to other persons who were not dealers. The
promoter said that if Tom kept the gems for more than one year and
then gave them to charity, Tom could claim a charitable deduction of
$15,000, which, according to the promoter, would be the value of the
gems at the time of contribution. Tom gave the gems to a qualified
charity 13 months after buying them.
The selling price for these gems had not changed from the date of
purchase to the date he donated them to charity. The best evidence of
FMV depends on actual transactions and not on some artificial
estimate. The $5,000 charged Tom and others is, therefore, the best
evidence of the maximum FMV of the gems.
Terms of the purchase or sale.
The terms of the purchase or sale should be considered in
determining FMV if they influenced the price. These terms include any
restrictions, understandings, or covenants limiting the use or
disposition of the property.
Rate of increase or decrease in value.
Unless you can show that there were unusual circumstances, it is
assumed that the increase or decrease in the value of your donated
property from your cost has been at a reasonable rate. For time
adjustments, an appraiser may consider published price indexes for
information on general price trends, building costs, commodity costs,
securities, and works of art sold at auction in arm's-length sales.
Example.
Bill Brown bought a painting for $10,000. Thirteen months later he
gave it to an art museum, claiming a charitable deduction of $15,000
on his tax return. The appraisal of the painting should include
information showing that there were unusual circumstances that justify
a 50% increase in value for the 13 months Bill held the property.
Arm's-length offer.
An arm's-length offer to buy the property close to the valuation
date may help to prove its value if the person making the offer was
willing and able to complete the transaction. To rely on an offer, you
should be able to show proof of the offer and the specific amount to
be paid. Offers to buy property other than the donated item will help
to determine value if the other property is reasonably similar to the
donated property.
Sales of Comparable
Properties
The sales prices of properties similar to the donated property are
often important in determining the FMV. The weight to be given to each
sale depends on the following:
-
The degree of similarity between the property sold and the
donated property.
-
The time of the sale—whether it was close to the
valuation date.
-
The circumstances of the sale—whether it was at
arm's-length with a knowledgeable buyer and seller, with neither
having to act.
-
The conditions of the market in which the sale was
made—whether unusually inflated or deflated.
The comparable sales method of valuing real estate is explained
later under Valuation of Various Kinds of Property.
Example 1.
Mary Black, who is not a book dealer, paid a promoter $10,000 for
500 copies of a single edition of a modern translation of the Bible.
The promoter had claimed that the price was considerably less than the
“retail” price, and gave her a statement that the books had a
total retail value of $30,000. The promoter advised her that if she
kept the Bibles for more than one year and then gave them to a
qualified organization, she could claim a charitable deduction for the
“retail” price of $30,000. Thirteen months later she gave all the
Bibles to a church that she selected from a list provided by the
promoter. At the time of her donation, wholesale dealers were selling
similar quantities of Bibles to the general public for $10,000.
The FMV of the Bibles is $10,000, the price at which similar
quantities of Bibles were being sold to others at the time of the
contribution.
Example 2.
Assume the same facts as in Example 1, except that the promoter
gave Mary Black a second option. The promoter said that if Mary wanted
a charitable deduction within one year of the purchase, she could buy
the 500 Bibles at the “retail” price of $30,000, paying only
$10,000 in cash and giving a promissory note for the remaining
$20,000. The principal and interest on the note would not be due for
12 years. According to the promoter, Mary could then, within one year
of the purchase, give the Bibles to a qualified organization and claim
the full $30,000 retail price as a charitable contribution. She
purchased the Bibles under the second option and, 3 months later, gave
them to a church, which will use the books for church purposes.
At the time of the gift, the promoter was selling similar lots of
Bibles for either $10,000 or $30,000. The difference between the two
prices was solely at the discretion of the buyer. The promoter was a
willing seller for $10,000. Therefore, the value of Mary's
contribution of the Bibles is $10,000, the amount at which similar
lots of Bibles could be purchased from the promoter by members of the
general public.
The cost of buying, building, or manufacturing property similar to
the donated item should be considered in determining FMV. However,
there must be a reasonable relationship between the replacement cost
and the FMV.
The replacement cost is the amount it would cost to replace the
donated item on the valuation date. Often there is no relationship
between the replacement cost and the FMV. If the supply of the donated
property is more or less than the demand for it, the replacement cost
becomes less important.
To determine the replacement cost of the donated property, find the
“estimated replacement cost new.” Then subtract from this figure
an amount for depreciation due to the physical condition and
obsolescence of the donated property. You should be able to show the
relationship between the depreciated replacement cost and the FMV, as
well as how you arrived at the “estimated replacement cost new.”
Generally, the weight given to an expert's opinion on matters such
as the authenticity of a coin or a work of art, or the most profitable
and best use of a piece of real estate, depends on the knowledge and
competence of the expert and the thoroughness with which the opinion
is supported by experience and facts. For an expert's opinion to
deserve much weight, the facts must support the opinion. For
additional information, see Appraisals, later.
Table 1.
Determining FMV
Problems in Determining
Fair Market Value
There are a number of problems in determining the FMV of donated
property.
Unusual Market
Conditions
The sale price of the property itself in an arm's-length
transaction in an open market is often the best evidence of its value.
When you rely on sales of comparable property, the sales must have
been made in an open market. If those sales were made in a market that
was artificially supported or stimulated so as not to be truly
representative, the prices at which the sales were made will not
indicate the FMV.
For example, liquidation sale prices usually do not indicate the
FMV. Also, sales of stock under unusual circumstances, such as sales
of small lots, forced sales, and sales in a restricted market, may not
represent the FMV.
Selection of
Comparable Sales
Using sales of comparable property is an important method for
determining the FMV of donated property. However, the amount of weight
given to a sale depends on the degree of similarity between the
comparable and the donated properties. The degree of similarity must
be close enough so that this selling price would have been given
consideration by reasonably well-informed buyers or sellers of the
property.
Example.
You give a rare, old book to your former college. The book is a
third edition and is in poor condition because of a missing back
cover. You discover that there was a sale for $300, near the valuation
date, of a first edition of the book that was in good condition.
Although the contents are the same, the books are not at all similar
because of the different editions and their physical condition. Little
consideration would be given to the selling price of the $300 property
by knowledgeable buyers or sellers.
You may not consider unexpected events happening after your
donation of property in making the valuation. You may consider only
the facts known at the time of the gift, and those that could be
reasonably expected at the time of the gift.
Example.
You give farmland to a qualified charity. The transfer provides
that your mother will have the right to all income and full use of the
property for her life. Even though your mother dies one week after the
transfer, the value of the property on the date it is given is its
present value, subject to the life interest as estimated from
actuarial tables. You may not take a higher deduction because the
charity received full use and possession of the land only one week
after the transfer.
Using Past Events to
Predict the Future
A common error is to rely too much on past events that do not
fairly reflect the probable future earnings and FMV.
Example.
You give all your rights in a successful patent to your favorite
charity. Your records show that before the valuation date there were
three stages in the patent's history of earnings. First, there was
rapid growth in earnings when the invention was introduced. Then,
there was a period of high earnings when the invention was being
exploited. Finally, there was a decline in earnings when competing
inventions were introduced. The entire history of earnings may be
relevant in estimating the future earnings. However, the appraiser
must not rely too much on the stage of rapid growth in earnings, or of
high earnings. The market conditions at those times do not represent
the condition of the market at the valuation date. What is most
significant is the trend of decline in earnings up to the valuation
date.
Valuation of Various
Kinds of Property
This section contains information on determining the FMV of
ordinary kinds of donated property. For information on appraisals, see
Appraisals, later.
The FMV of used household goods, such as furniture, appliances, and
linens, is usually much lower than the price paid when new. Such used
property may have little or no market value because of its worn
condition. It may be out of style or no longer useful.
If the property is valuable because it is old or unique, see the
discussion under Paintings, Antiques, and Other Objects of
Art.
Used clothing and other personal items are usually worth far less
than the price you paid for them. Valuation of items of clothing does
not lend itself to fixed formulas or methods.
The price that buyers of used items actually pay in used clothing
stores, such as consignment or thrift shops, is an indication of the
value.
For valuable furs or very expensive gowns, an appraisal summary may
have to be sent with your tax return.
Jewelry and gems are of such a specialized nature that it is almost
always necessary to get an appraisal by a specialized jewelry
appraiser. The appraisal should describe, among other things, the
style of the jewelry, the cut and setting of the gem, and whether it
is now in fashion. If not in fashion, the possibility of having the
property redesigned, recut, or reset should be reported in the
appraisal. The stone's coloring, weight, cut, brilliance, and flaws
should be reported and analyzed. Sentimental personal value has no
effect on FMV. But if the jewelry was owned by a famous person, its
value might increase.
Paintings, Antiques,
and Other Objects of Art
Your deduction for contributions of paintings, antiques, and other
objects of art, should be supported by a written appraisal from a
qualified and reputable source, unless the deduction is $5,000 or
less. Examples of information that should be included in appraisals of
art objects—paintings in particular—are found later under
Qualified Appraisal.
Art valued at $20,000 or more.
If you claim a deduction of $20,000 or more for donations of art,
you must attach a complete copy of the signed appraisal to your
return. For individual objects valued at $20,000 or more, a photograph
of a size and quality fully showing the object, preferably an 8 x 10
inch color photograph or a color transparency no smaller than 4 x 5
inches, must be provided upon request.
Art valued at $50,000 or more.
If you donate an item of art that has been appraised at $50,000 or
more, you can request a Statement of Value for that item
from the IRS. You must request the statement before filing the tax
return that reports the donation. Your request must include the
following:
-
A copy of a qualified appraisal of the item (see
Qualified Appraisal, later.)
-
A $2,500 check or money order payable to the Internal
Revenue Service for the user fee that applies to your request
regarding one, two, or three items of art (add $250 for each item in
excess of three).
-
A completed appraisal summary (Section B of Form 8283,
Noncash Charitable Contributions.)
-
The location of the IRS District Office that has examination
responsibility for your area.
If your request lacks essential information, you will be
notified and given 30 days to provide the missing information.
Refunds.
You can withdraw your request for a Statement of Value at any time
before it is issued. However, the IRS will not refund the user fee if
you do.
If the IRS declines to issue a Statement of Value in the interest
of efficient tax administration, the IRS will refund the user fee.
Authenticity.
The authenticity of the donated art must be determined by the
appraiser. Certificates of authenticity may be useful, but this
depends on the genuineness of the certificate and the qualifications
of the authenticator.
Physical condition.
Important items in the valuation of antiques and art are physical
condition and extent of restoration. These have a significant effect
on the value and must be fully reported in an appraisal. An antique
in damaged condition, or lacking the “ original brasses,” may be
worth much less than a similar piece in excellent condition.
Art appraisers.
More weight will usually be given to an appraisal prepared by an
individual specializing in the kind and price range of the art being
appraised. Certain art dealers or appraisers specialize, for example,
in old masters, modern art, bronze sculpture, etc. Their opinions on
the authenticity and desirability of such art would usually be given
more weight than the opinions of more generalized art dealers or
appraisers. They can report more recent comparable sales to support
their opinion.
To identify and locate experts on unique, specialized items or
collections, you may wish to use the current Official Museum
Directory of the American Association of Museums. It lists
museums both by state and by category.
To help you locate a qualified appraiser for your donation, you may
wish to ask an art historian at a nearby college or the director or
curator of a local museum. The Yellow Pages often list specialized art
and antique dealers, auctioneers, and art appraisers. You may also
contact associations of dealers for guidance.
Since many kinds of hobby collections may be the subject of a
charitable donation, it is not possible to discuss all of the possible
collectibles in this publication. Most common are rare books,
autographs, manuscripts, stamps, coins, guns, phonograph records, and
natural history items. Many of the elements of valuation that apply to
paintings and other objects of art, discussed earlier, also apply to
miscellaneous collections.
Reference material.
Publications available to help you determine the value of many
kinds of collections include catalogs, dealers' price lists, and
specialized hobby periodicals. When using one of these price guides,
you must use the current edition at the date of contribution. However,
these sources are not always reliable indicators of FMV and should be
supported by other evidence.
For example, a dealer may sell an item for much less than is shown
on a price list, particularly after the item has remained unsold for a
long time. The price an item sold for in an auction may have been the
result of a rigged sale or a mere bidding duel. The appraiser must
analyze the reference material, and recognize and make adjustments for
misleading entries. If you are donating a valuable collection, you
should get an appraisal. If your donation appears to be of little
value, you may be able to make a satisfactory valuation using
reference materials available at a state, city, college, or museum
library.
Stamp collections.
Most libraries have catalogs or other books that report the
publisher's estimate of values. Generally, two price levels are shown
for each stamp: the price postmarked and the price not postmarked.
Stamp dealers generally know the value of their merchandise and are
able to prepare satisfactory appraisals of valuable collections.
Coin collections.
Many catalogs and other reference materials show the writer's or
publisher's opinion of the value of coins on or near the date of the
publication. Like many other collectors' items, the value of a coin
depends on the demand for it, its age, and its rarity. Another
important factor is the coin's condition. For example, there is a
great difference in the value of a coin that is in mint condition and
a similar coin that is only in good condition.
Catalogs usually establish a category for coins, based on their
physical condition—mint or uncirculated, extremely fine, very
fine, fine, very good, good, fair, or poor—with a different
valuation for each category.
Books.
The value of books is usually determined by selecting comparable
sales and adjusting the prices according to the differences between
the comparable sales and the item being evaluated. This is difficult
to do and, except for a collection of little value, should be done by
a specialized appraiser. Within the general category of literary
property, there are dealers who specialize in certain areas, such as
Americana, foreign imports, Bibles, and scientific books.
Modest value of collection.
If the collection you are donating is of modest value, not
requiring a written appraisal, the following information may help you
in determining the FMV.
A book that is very old, or very rare, is not necessarily valuable.
There are many books that are very old or rare, but that have little
or no market value.
Condition of book.
The condition of a book may have a great influence on its value.
Collectors are interested in items that are in fine, or at least good,
condition. When a book has a missing page, a loose binding, tears,
stains, or is otherwise in poor condition, its value is greatly
lowered.
Other factors.
Some other factors in the valuation of a book are the kind of
binding (leather, cloth, paper), page edges, and illustrations
(drawings and photographs). Collectors usually want first editions of
books. However, because of changes or additions, other editions are
sometimes worth as much as, or more than, the first edition.
Manuscripts, autographs, diaries, and similar items.
When these items are handwritten, or at least signed by famous
people, they are often in demand and are valuable. The writings of
unknowns also may be of value if they are of unusual historical or
literary importance. Determining the value of such material is
difficult. For example, there may be a great difference in value
between two diaries that were kept by a famous person—one kept
during childhood and the other during a later period in his or her
life. The appraiser determines a value in these cases by applying
knowledge and judgment to such factors as comparable sales and
conditions.
Signatures.
Signatures, or sets of signatures, that were cut from letters or
other papers usually have little or no value. But complete sets of the
signatures of U.S. presidents are in demand.
Cars, Boats, and Aircraft
If you donate a car, a boat, or an aircraft to a charitable
organization, its FMV must be determined.
Certain commercial firms and trade organizations publish monthly or
seasonal guides for different regions of the country, containing
complete dealer sale prices or dealer-average prices for recent model
years. Prices are reported for each make, model, and year of used car,
aircraft, truck, recreational vehicle, and boat. These guides also
provide estimates for adjusting for unusual equipment, unusual
mileage, and physical condition. The prices are not “official,”
and these publications are not considered an appraisal of any specific
donated property. But they do provide clues for making an appraisal
and suggest relative prices for comparison with current sales and
offerings in your area.
These publications are sometimes available at a bank, credit union,
or finance company.
Except for inexpensive small boats, the valuation of boats should
be based on an appraisal by a marine surveyor because the physical
condition is so critical to the value.
Example.
You donate your car to a local high school for use by students
studying automobile repair. Your credit union told you that the
“blue book” value of a car like yours is $1,600 in good
condition. However, your car needs extensive repairs. After checking
with repair shops and used car dealers, you find that the car should
sell for $750. You may use $750 as the FMV of the car.
If you donate any inventory item to a charitable organization, the
amount of your deductible contribution is the FMV of the item, less
any gain you would have realized if you had sold the item at its FMV
on the date of the gift. For more information, see Charitable
contributions in Chapter 16 of Publication 535, Business
Expenses.
The value of stocks and bonds is the FMV of a share or bond on the
valuation date. See Date of contribution, earlier, under
What Is Fair Market Value (FMV)?
Selling prices on valuation date.
If there is an active market for the contributed stocks or bonds on
a stock exchange, in an over-the-counter market, or elsewhere, the FMV
of each share or bond is the average price between the highest and
lowest quoted selling prices on the valuation date. For example, if
the highest selling price for a share was $11, and the lowest $9, the
average price is $10. You get the average price by adding $11 and $9
and dividing the sum by 2.
No sales on valuation date.
If there were no sales on the valuation date, but there were sales
within a reasonable period before and after the valuation date, you
determine FMV by taking the average price between the highest and
lowest sales prices on the nearest date before and on the nearest date
after the valuation date. Then you weight these averages in
inverse order by the respective number of trading days
between the selling dates and the valuation date.
Example.
On the day you gave stock to a qualified organization, there were
no sales of the stock. Sales of the stock nearest the valuation date
took place two trading days before the valuation date at an average
selling price of $10 and three trading days after the valuation date
at an average selling price of $15. The FMV on the valuation date was
$12, figured as follows:
[(3 x $10) + (2 x
$15)] ÷ 5 = 12
Listings on more than one stock exchange.
Stocks or bonds listed on more than one stock exchange are valued
based on the prices of the exchange on which they are principally
dealt. This applies if these prices are published in a generally
available listing or publication of general circulation. If this is
not applicable, and the stocks or bonds are reported on a composite
listing of combined exchanges in a publication of general circulation,
use the composite list. See also Unavailable prices or closely
held corporation, later.
Bid and asked prices on valuation date.
If there were no sales within a reasonable period before and after
the valuation date, the FMV is the average price between the bona fide
bid and asked prices on the valuation date.
Example.
Although there were no sales of Blue Corporation stock on the
valuation date, bona fide bid and asked prices were available on that
date of $14 and $16, respectively. The FMV is $15, the average price
between the bid and asked prices.
No prices on valuation date.
If there were no prices available on the valuation date, you
determine FMV by taking the average prices between the bona fide bid
and asked prices on the closest trading date before and after the
valuation date. Both dates must be within a reasonable period. Then
you weight these averages in inverse order by the
respective number of trading days between the bid and asked dates and
the valuation date.
Prices only before or after valuation date, but not both.
If no selling prices or bona fide bid and asked prices are
available on a date within a reasonable period before the valuation
date, but are available on a date within a reasonable period after the
valuation date, or vice versa, then the average price between the
highest and lowest of such available prices may be treated as the
value.
Large blocks of stock.
When a large block of stock is put on the market, it may lower the
selling price of the stock if the supply is greater than the demand.
On the other hand, market forces may exist that will afford higher
prices for large blocks of stock. Because of the many factors to be
considered, determining the value of large blocks of stock usually
requires the help of experts specializing in underwriting large
quantities of securities, or in trading in the securities of the
industry of which the particular company is a part.
Unavailable prices or closely held corporation.
If selling prices or bid and asked prices are not available, or if
securities of a closely held corporation are involved, determine the
FMV by considering the following factors:
-
For bonds, the soundness of the security, the interest
yield, the date of maturity, and other relevant factors.
-
For shares of stock, the company's net worth, prospective
earning power and dividend-paying capacity, and other relevant
factors.
Other factors.
Other relevant factors include the goodwill of the business, the
economic outlook in the particular industry, the company's position in
the industry and its management, and the value of securities of
corporations engaged in the same or similar business. For preferred
stock, the most important factors are its yield, dividend coverage,
and protection of its liquidation preference.
You should keep complete financial and other information on which
the valuation is based. This includes copies of reports of
examinations of the company made by accountants, engineers, or any
technical experts on or close to the valuation date.
Restricted securities.
Some classes of stock cannot be traded publicly because of
restrictions imposed by the Securities and Exchange Commission, or by
the corporate charter or a trust agreement. These restricted
securities usually trade at a discount in relation to freely traded
securities.
To arrive at the FMV of restricted securities, factors that you
must consider include the resale provisions found in the restriction
agreements, the relative negotiating strengths of the buyer and
seller, and the market experience of freely traded securities of the
same class as the restricted securities.
Because each piece of real estate is unique and its valuation is
complicated, a detailed appraisal by a professional appraiser is
necessary.
The appraiser must be thoroughly trained in the application of
appraisal principles and theory. In some instances the opinions of
equally qualified appraisers may carry unequal weight, such as when
one appraiser has a better knowledge of local conditions.
The appraisal report must contain a complete description of the
property, such as street address, legal description, and lot and block
number, as well as physical features, condition, and dimensions. The
use to which the property is put, zoning and permitted uses, and its
potential use for other higher and better uses are also relevant.
In general, there are three main approaches to the valuation of
real estate. An appraisal may require the combined use of two or three
methods rather than one method only.
The comparable sales method compares the donated property with
several similar properties that have been sold. The selling prices,
after adjustments for differences in date of sale, size, condition,
and location, would then indicate the estimated FMV of the donated
property.
If the comparable sales method is used to determine the value of
unimproved real property (land without significant
buildings, structures, or any other improvements that add to its
value), the appraiser should consider the following factors when
comparing the potential comparable property and the donated property:
-
Location, size, and zoning or use restrictions,
-
Accessibility and road frontage, and available utilities and
water rights,
-
Riparian rights (right of access to and use of the water by
owners of land on the bank of a river) and existing easements,
rights-of-way, leases, etc.,
-
Soil characteristics, vegetative cover, and status of
mineral rights, and
-
Other factors affecting value.
For each comparable sale, the appraisal must include the names of
the buyer and seller, the deed book and page number, the date of sale
and selling price, a property description, the amount and terms of
mortgages, property surveys, the assessed value, the tax rate, and the
assessor's appraised FMV.
The comparable selling prices must be adjusted to account for
differences between the sale property and the donated property.
Because differences of opinion may arise between appraisers as to the
degree of comparability and the amount of the adjustment considered
necessary for comparison purposes, an appraiser should document each
item of adjustment.
Only comparable sales having the least adjustments in terms of
items and/or total dollar adjustments should be considered as
comparable to the donated property.
2. Capitalization of Income
This method capitalizes the net income from the property at a rate
that represents a fair return on the particular investment at the
particular time, considering the risks involved. The key elements are
the determination of the income to be capitalized and the rate of
capitalization.
3. Replacement Cost New or
Reproduction Cost Minus
Observed Depreciation
This method, used alone, usually does not result in a determination
of FMV. Instead, it generally tends to set the upper limit of value,
particularly in periods of rising costs, because it is reasonable to
assume that an informed buyer will not pay more for the real estate
than it would cost to reproduce a similar property. Of course, this
reasoning does not apply if a similar property cannot be created
because of location, unusual construction, or some other reason.
Generally, this method serves to support the value determined from
other methods. When the replacement cost method is applied to
improved realty, the land and improvements are valued
separately.
The replacement cost of a building is figured by considering the
materials, the quality of workmanship, and the number of square feet
or cubic feet in the building. This cost represents the total cost of
labor and material, overhead, and profit. After the replacement cost
has been figured, consideration must be given to the following
factors:
-
Physical deterioration—the wear and tear on the
building itself,
-
Functional obsolescence—usually in older buildings
with, for example, inadequate lighting, plumbing, or heating, small
rooms, or a poor floor plan, and
-
Economic obsolescence—outside forces causing the whole
area to become less desirable.
The FMV of any interest in a business, whether a sole
proprietorship or a partnership, is the amount that a willing buyer
would pay for the interest to a willing seller after consideration of
all relevant factors. The relevant factors to be considered in valuing
the business are:
-
The FMV of the assets of the business,
-
The demonstrated earnings capacity of the business, based on
a review of past and current earnings, and
-
The other factors used in evaluating corporate stock, if
they apply.
The value of the goodwill of the business should also be taken into
consideration. You should keep complete financial and other
information on which you base the valuation. This includes copies of
reports of examinations of the business made by accountants,
engineers, or any technical experts on or close to the valuation date.
Annuities, Interests for
Life or Terms of
Years, Remainders, and
Reversions
The value of these kinds of property is their present value, except
in the case of annuities under contracts issued by companies
regularly engaged in their sale. The valuation of these commercial
annuity contracts and of insurance policies is discussed later under
Certain Life Insurance and Annuity Contracts.
To determine present value, you must know the applicable interest
rate and use actuarial tables.
Interest rate.
The applicable interest rate varies. It is announced monthly in a
news release and published in the Internal Revenue Bulletin as a
Revenue Ruling. The interest rate to use is under the heading “ Rate
Under Section 7520” for a given month and year. You can call the
local IRS office to obtain this rate.
Actuarial tables.
You need to refer to actuarial tables to determine a qualified
interest in the form of an annuity, any interest for life or a term of
years, or any remainder interest to a charitable organization.
Use the valuation tables set forth in IRS Publications 1457 (Alpha
Volume) and 1458 (Beta Volume). Both of these publications provide
tables containing actuarial factors to be used in determining the
present value of an annuity, an interest for life or for a term of
years, or a remainder or reversionary interest. For qualified
charitable transfers, you can use the factor for the month in which
you made the contribution or for either of the 2 months preceding that
month.
Publication 1457 also contains actuarial factors for computing the
value of a remainder interest in a charitable remainder annuity trust
and a pooled income fund. Publication 1458 contains the factors for
valuing the remainder interest in a charitable remainder unitrust.
These are available for purchase by phone at (202)512–1800 or by
mail from the:
Superintendent of Documents
United States Government
Printing Office
P.O. Box 371954
Pittsburgh, PA 15250–7954
If you call in your order,
you can pay by VISA or MasterCard.
Tables containing actuarial factors for transfers to pooled income
funds may also be found in Income Tax Regulation 1.642(c)-6(e)(5),
transfers to charitable remainder unitrusts in Regulation 1.664(e)(6),
and other transfers in Regulation 20.2031-7(d)(6).
Special factors.
If you need a special factor for an actual transaction, you may ask
for it by writing a request for a letter ruling to the:
Internal Revenue Service
Associate Chief Counsel (Domestic)
Attn: CC:DOM:Corp:T
P.O. Box 7604
Ben Franklin Station
Washington, DC 20044
Be sure to include the date of birth of each person, the duration
of whose life may affect the value of the interest, and copies of the
relevant instruments. IRS charges a user fee for providing special
factors.
For information on the circumstances under which a charitable
deduction may be allowed for the donation of a partial interest in
property not in trust, see Partial Interest in Property Not in
Trust, later.
Certain Life Insurance
and Annuity Contracts
The value of an annuity contract or a life insurance policy issued
by a company regularly engaged in the sale of such contracts or
policies is the amount that company would charge for a comparable
contract.
But if the donee of a life insurance policy may reasonably be
expected to cash the policy rather than hold it as an investment, then
the FMV is the cash surrender value rather than the replacement cost.
If an annuity is payable under a combination annuity contract and
life insurance policy (for example, a retirement income policy with a
death benefit) and there was no insurance element when it was
transferred to the charity, the policy is treated as an annuity
contract.
Partial Interest
in Property Not in Trust
Generally, no deduction is allowed for a charitable contribution,
not made in trust, of less than your entire interest in property.
However, this does not apply to a transfer of less than your entire
interest if it is a transfer of:
-
A remainder interest in your personal residence or
farm,
-
An undivided part of your entire interest in property,
or
-
A qualified conservation contribution.
Valuation of a remainder interest in real property, not
transferred in trust.
The amount of the deduction for a donation of a remainder interest
in real property is the FMV of the remainder interest at the time of
the contribution. To determine this value, you must know the FMV of
the property on the date of the contribution. Multiply this value by
the appropriate factor. Publications 1457 and 1458 contain these
factors.
You must make an adjustment for depreciation or depletion using the
factors shown in Publication 1459 (Gamma Volume). You can use the
factors for the month in which you made the contribution or for either
of the two months preceding that month. See the earlier discussion on
Annuities, Interests for Life or Terms of Years, Remainders, and
Reversions. Publication 1459 is available free by writing to the
IRS address given under Special factors earlier.
For this purpose, the term “ depreciable property” means any
property subject to wear and tear or obsolescence, even if not used in
a trade or business or for the production of income.
If the remainder interest includes both depreciable and
nondepreciable property, for example a house and land, the FMV must be
allocated between each kind of property at the time of the
contribution. This rule also applies to a gift of a remainder interest
that includes property that is part depletable and part not
depletable. Take into account depreciation or depletion only for the
property that is subject to depreciation or depletion.
For more information, see section 1.170A-2 of the Income Tax
Regulations.
Undivided part of your entire interest.
A contribution of an undivided part of your entire interest in
property must consist of a part of each and every substantial interest
or right you own in the property. It must extend over the entire term
of your interest in the property. For example, you are entitled to the
income from certain property for your life (life estate) and you
contribute 20% of that life estate to a qualified organization. You
can claim a deduction for the contribution if you do not have any
other interest in the property. To figure the value of a contribution
involving a partial interest, see Publication 1457.
If the only interest you own in real property is a remainder
interest and you transfer part of that interest to a qualified
organization, see the previous discussion on valuation of a remainder
interest in real property.
Qualified conservation contribution.
A qualified conservation contribution is a contribution of a
qualified real property interest to a qualified organization to be
used only for conservation purposes.
Qualified organization.
For purposes of a qualified conservation contribution, a qualified
organization is:
-
A governmental unit,
-
A publicly supported charitable, religious, scientific,
literary, educational, etc., organization, or
-
An organization that is controlled by, and operated for the
exclusive benefit of, a governmental unit or a publicly supported
charity.
Conservation purposes.
Your contribution must be made only for one of the following
conservation purposes:
-
Preservation of land areas for outdoor recreation by, or for
the education of, the general public.
-
Protection of a relatively natural habitat of fish,
wildlife, or plants, or a similar ecosystem.
-
Preservation of open space, including farmland and forest
land. The preservation must yield a significant public benefit. It
must be either for the scenic enjoyment of the general public or under
a clearly defined federal, state, or local governmental conservation
policy.
-
Preservation of a historically important land area or a
certified historic structure. A historically important land area
includes an independently significant land area, any land area in a
registered historic district, and any land area next to a property
listed in the National Register of Historic Places if its physical or
environmental features contribute to the historic or cultural
integrity of the listed property. A certified historic structure is
any building, structure, or land area that is listed in the National
Register, or is located in a registered historic district and is
certified by the Secretary of the Interior as being of historic
significance to the district.
There must be some visual public access to the property. Factors
used in determining the type and amount of public access required
include the historical significance of the property, the remoteness or
accessibility of the site, and the extent to which intrusions of
privacy would be unreasonable.
Qualified real property interest.
This is any of the following interests in real property:
-
Your entire interest in real estate other than a mineral
interest (subsurface oil, gas, or other minerals, and the right of
access to these minerals).
-
A remainder interest.
-
A restriction (granted in perpetuity) on the use which may
be made of the real property.
Valuation.
A qualified real property interest described in (1) should be
valued in a manner that is consistent with the type of interest
transferred. If you transferred all the interest in the property, the
FMV of the property is the amount of the contribution. If you do not
transfer the mineral interest, the FMV of the surface rights in the
property is the amount of the contribution.
If you owned only a remainder interest or an income interest (life
estate), see Undivided part of your entire interest,
earlier. If you owned the entire property but only transferred a
remainder interest (item (2)), see Valuation of a remainder
interest in real property, not transferred in trust, earlier.
In determining the value of restrictions, you should take into
account the selling price in arm's-length transactions of other
properties that have comparable restrictions. If there are no
qualified sales, the restrictions are valued indirectly as the
difference between the FMVs of the property involved before and after
the grant of the restriction.
The FMV of the property before contribution of the restriction
should take into account not only current use but the likelihood that
the property, without the restriction, would be developed. You should
also consider any zoning, conservation, or historical preservation
laws that would restrict development. Granting an easement may
increase, rather than reduce, the value of property, and in such a
situation no deduction would be allowed.
Example.
You own 10 acres of farmland. Similar land in the area has an FMV
of $2,000 an acre. However, land in the general area that is
restricted solely to farm use has an FMV of $1,500 an acre. Your
county wants to preserve open space and prevent further development in
your area.
You grant to the county an enforceable open space easement in
perpetuity on 8 of the 10 acres, restricting its use to farmland. The
value of this easement is $4,000, determined as follows:
If you later transfer in fee your remaining interest in the 8 acres
to another qualified organization, the FMV of your remaining interest
is the FMV of the 8 acres reduced by the FMV of the easement granted
to the first organization.
Appraisals are not necessary for items of property for which you
claim a deduction of $5,000 or less, or for which the value can easily
be determined, such as securities whose prices are reported daily in
the newspapers. However, you generally will need an appraisal for
donated property for which you claim a deduction of more than $5,000.
See Deductions of More Than $5,000, later.
The weight given an appraisal depends on the completeness of the
report, the qualifications of the appraiser, and the appraiser's
demonstrated knowledge of the donated property. An appraisal must give
all the facts on which to base an intelligent judgment of the value of
the property.
The appraisal will not be given much weight if:
-
All the factors that apply are not considered,
-
The opinion is not supported with facts, such as purchase
price and comparable sales, or
-
The opinion is not consistent with known facts.
The appraiser's opinion is never more valid than the facts on which
it is based; without these facts it is simply a guess.
Membership in professional appraisal or dealer organizations does
not automatically establish the appraiser's competency. Nor does the
lack of certificates, memberships, etc., automatically disprove the
competency of the appraiser.
The opinion of a person claiming to be an expert is not binding on
the Internal Revenue Service. All facts associated with the donation
must be considered.
Cost of appraisals.
You may not take a charitable contribution deduction for fees you
pay for appraisals of your donated property. However, these fees may
qualify as a miscellaneous deduction, subject to the 2% limit, on
Schedule A (Form 1040) if paid to determine the amount allowable as a
charitable contribution.
Deductions of More
Than $5,000
Generally, if the claimed deduction for an item or group of similar
items of donated property is more than $5,000, other than money and
publicly traded securities, you must get a qualified appraisal made by
a qualified appraiser, and you must attach an appraisal summary
(Section B of Form 8283) to your tax return. You should keep the
appraiser's report with your written records. Records are discussed in
Publication 526. For special rules that apply to publicly traded
securities and nonpublicly traded stock, see the discussions later in
this section.
The phrase similar items means property of the same
generic category or type (whether or not donated to the same donee),
such as stamps, coins, lithographs, paintings, photographs, books,
nonpublicly traded stock, nonpublicly traded securities other than
nonpublicly traded stock, land, buildings, clothing, jewelry,
furniture, electronic equipment, household appliances, toys, everyday
kitchenware, china, crystal, or silver. For example, if you give books
to three schools and you deduct $2,000, $2,500, and $900,
respectively, your claimed deduction is more than $5,000 for these
books. You must get a qualified appraisal of the books and for each
school you must attach a fully completed appraisal summary (Section B
of Form 8283) to your tax return.
Publicly traded securities.
Even if your claimed deduction is more than $5,000, neither a
qualified appraisal nor an appraisal summary is required for publicly
traded securities that are:
-
Listed on a stock exchange in which quotations are published
on a daily basis,
-
Regularly traded in a national or regional over-the-counter
market for which published quotations are available, or
-
Shares of an open-end investment company (mutual fund) for
which quotations are published on a daily basis in a newspaper of
general circulation throughout the United States.
Publicly traded securities that meet these requirements must be
reported in Section A, Form 8283.
A partially completed appraisal summary (Parts I and IV of Section
B, Form 8283) signed by the donee, but not a qualified appraisal, is
required for publicly traded securities that do not meet these
requirements, but do have readily available market quotations. Market
quotations are readily available if:
-
The issue is regularly traded during the computation period
(defined later) in a market for which there is an “interdealer
quotation system” (defined later),
-
The issuer or agent computes the “average trading price”
(defined later) for the same issue for the computation period,
-
The average trading price and total volume of the issue
during the computation period are published in a newspaper of general
circulation throughout the United States, not later than the last day
of the month following the end of the calendar quarter in which the
computation period ends,
-
The issuer or agent keeps books and records that list for
each transaction during the computation period the date of settlement
of the transaction, the name and address of the broker or dealer
making the market in which the transaction occurred, and the trading
price and volume, and
-
The issuer or agent permits the Internal Revenue Service to
review the books and records described in paragraph (4) with respect
to transactions during the computation period upon receiving
reasonable notice.
An interdealer quotation system is any system of general
circulation to brokers and dealers that regularly disseminates
quotations of obligations by two or more identified brokers or dealers
who are not related to either the issuer or agent who computes the
average trading price of the security. A quotation sheet prepared and
distributed by a broker or dealer in the regular course of business
and containing only quotations of that broker or dealer is not an
interdealer quotation system.
The average trading price is the average price of all
transactions (weighted by volume), other than original issue or
redemption transactions, conducted through a United States office of a
broker or dealer who maintains a market in the issue of the security
during the computation period. Bid and asked quotations are not taken
into account.
The computation period is weekly during October through
December and monthly during January through September. The weekly
computation periods during October through December begin with the
first Monday in October and end with the first Sunday following the
last Monday in December.
Nonpublicly traded stock.
If you contribute nonpublicly traded stock, for which you claim a
deduction of $10,000 or less, a qualified appraisal is not required.
However, you must attach to your tax return a partially completed
appraisal summary (Parts I and IV of Section B, Form 8283) signed by
the donee.
Generally, if the claimed deduction for an item or group of similar
items of donated property is more than $5,000, you must get a
qualified appraisal made by a qualified appraiser and you must attach
an appraisal summary to your tax return. See Deductions of More
Than $5,000, earlier.
A qualified appraisal is an appraisal document that:
-
Relates to an appraisal made not earlier than 60 days prior
to the date of contribution of the appraised property,
-
Does not involve a prohibited appraisal fee,
-
Includes certain information (covered later), and
-
Is prepared, signed, and dated by a qualified appraiser
(defined later).
You must receive the qualified appraisal before the due date,
including extensions, of the return on which a charitable contribution
deduction is first claimed for the donated property. If the deduction
is first claimed on an amended return, the qualified appraisal must be
received before the date on which the amended return is filed.
An appraisal summary (discussed later) must be attached to your tax
return. Generally, you do not need to attach the qualified appraisal
itself, but you should keep a copy as long as it may be relevant under
the tax law. If you donated art valued at $20,000 or more, however,
you must attach a complete copy of the signed appraisal. See
Paintings, Antiques, and Other Objects of Art, discussed
earlier under Valuation of Various Kinds of Property.
Prohibited appraisal fee.
Generally, no part of the fee arrangement for a qualified appraisal
can be based on a percentage of the appraised value of the property.
If a fee arrangement is based on what is allowed as a deduction, after
Internal Revenue Service examination or otherwise, it is treated as a
fee based on a percentage of appraised value. However, appraisals are
not disqualified when an otherwise prohibited fee is paid to a
generally recognized association that regulates appraisers if:
-
The association is not organized for profit and no part of
its net earnings benefits any private shareholder or
individual,
-
The appraiser does not receive any compensation from the
association or any other persons for making the appraisal, and
-
The fee arrangement is not based in whole or in part on the
amount of the appraised value that is allowed as a deduction after an
Internal Revenue Service examination or otherwise.
Information included in qualified appraisal.
A qualified appraisal must include the following information:
-
A description of the property in sufficient detail for a
person who is not generally familiar with the type of property to
determine that the property appraised is the property that was (or
will be) contributed,
-
The physical condition of any tangible property,
-
The date (or expected date) of contribution,
-
The terms of any agreement or understanding entered into (or
expected to be entered into) by or on behalf of the donor that relates
to the use, sale, or other disposition of the donated property,
-
The name, address, and taxpayer identification number of the
qualified appraiser and, if the appraiser is a partner, an employee,
or an independent contractor engaged by a person other than the donor,
the name, address, and taxpayer identification number of the
partnership or the person who employs or engages the appraiser,
-
The qualifications of the qualified appraiser who signs the
appraisal, including the appraiser's background, experience,
education, and any membership in professional appraisal
associations,
-
A statement that the appraisal was prepared for income tax
purposes,
-
The date (or dates) on which the property was valued,
-
The appraised FMV on the date (or expected date) of
contribution,
-
The method of valuation used to determine FMV, such as the
income approach, the comparable sales or market data approach, or the
replacement cost less depreciation approach, and
-
The specific basis for the valuation, such as any specific
comparable sales transaction.
Art objects.
The following are examples of information that should be included
in a description of donated property. These examples are for art
objects. A similar detailed breakdown should be given for other
property. Appraisals of art objects—paintings in
particular—should include:
-
A complete description of the object, indicating the:
-
Size,
-
Subject matter,
-
Medium,
-
Name of the artist (or culture), and
-
Approximate date created.
-
The cost, date, and manner of acquisition.
-
A history of the item, including proof of
authenticity.
-
A photograph of a size and quality fully showing the object,
preferably a 10 × 12 inch print.
-
The facts on which the appraisal was based, such as:
-
Sales or analyses of similar works by the artist,
particularly on or around the valuation date.
-
Quoted prices in dealer's catalogs of the artist's works or
works of other artists of comparable stature.
-
A record of any exhibitions at which the specific art object
had been displayed.
-
The economic state of the art market at the time of
valuation, particularly with respect to the specific property.
-
The standing of the artist in his profession and in the
particular school or time period.
Number of qualified appraisals.
A separate qualified appraisal is required for each item of
property that is not included in a group of similar items of property.
You need only one qualified appraisal for a group of similar items of
property contributed in the same tax year, but you may get separate
appraisals for each item. A qualified appraisal for a group of similar
items must provide all of the required information for each item of
similar property. The appraiser, however, may provide a group
description for selected items, the total value of which is not more
than $100.
Qualified appraiser.
A qualified appraiser is an individual who declares on the
appraisal summary that he or she:
-
Holds himself or herself out to the public as an appraiser
or performs appraisals on a regular basis,
-
Is qualified to make appraisals of the type of property
being valued because of his or her qualifications described in the
appraisal,
-
Is not an excluded individual, and
-
Understands that an intentionally false overstatement of the
value of property may subject him or her to the penalty for aiding and
abetting an understatement of tax liability.
An appraiser must complete Part III of Section B (Form 8283) to be
considered a qualified appraiser. More than one appraiser may appraise
the property, provided that each complies with the requirements,
including signing the qualified appraisal and appraisal summary.
Excluded individuals.
The following persons cannot be qualified appraisers with respect
to particular property:
-
The donor of the property, or the taxpayer who claims the
deduction.
-
The donee of the property.
-
A party to the transaction in which the donor acquired the
property being appraised, unless the property is donated within 2
months of the date of acquisition and its appraised value does not
exceed its acquisition price. This applies to the person who sold,
exchanged, or gave the property to the donor, or any person who acted
as an agent for the transferor or donor in the transaction.
-
Any person employed by, married to, or related under section
267(b) of the Internal Revenue Code, to any of the above persons. For
example, if the donor acquired a painting from an art dealer, neither
the dealer nor persons employed by the dealer can be qualified
appraisers for that painting.
-
An appraiser who appraises regularly for a person in (1),
(2), or (3), and who does not perform a majority of his or her
appraisals made during his or her tax year for other persons.
In addition, a person is not a qualified appraiser for a particular
donation if the donor had knowledge of facts that would cause a
reasonable person to expect the appraiser to falsely overstate the
value of the donated property. For example, if the donor and the
appraiser make an agreement concerning the amount at which the
property will be valued, and the donor knows that such amount exceeds
the FMV of the property, the appraiser is not a qualified appraiser
for the donation.
Penalties.
Any appraiser who falsely or fraudulently overstates the value of
property described in a qualified appraisal or an appraisal summary
that the appraiser has signed may be subject to a civil penalty for
aiding and abetting an understatement of tax liability, and may have
his or her appraisal disregarded.
Generally, if the claimed deduction for an item of donated property
is more than $5,000, you must attach an appraisal summary (Form 8283)
to your tax return. Only a partially completed appraisal summary is
required in some situations. See Deductions of More Than $5,000,
earlier.
Note:
If you deduct $20,000 or more for donated art, you must attach a
complete copy of the signed appraisal. See Paintings, Antiques,
and Other Objects of Art, discussed earlier under Valuation
of Various Kinds of Property.
Form 8283.
Section B of Form 8283 is the appraisal summary. If you do not
attach the form to your return, the deduction will not be allowed
unless your failure to attach it was due to a good faith omission. If
the IRS requests that you submit the form because you did not attach
it to your return, you must comply within 90 days of the request or
the deduction will be disallowed.
You must attach a separate Form 8283 for each item of contributed
property that is not part of a group of similar items. If you
contribute similar items of property to the same donee organization,
you need attach only one Form 8283 for those items. If you contribute
similar items of property to more than one donee organization, you
must attach a separate form for each donee.
Internal Revenue Service
Review of Appraisals
In reviewing an income tax return, the Service may accept the
claimed value of the donated property, based on information or
appraisals sent with the return, or may make its own determination of
FMV. In either case, the Service may:
-
Contact the taxpayer to get more information,
-
Refer the valuation problem to a Service appraiser or
valuation specialist,
-
Refer the issue to the Commissioner's Art Advisory Panel (a
25-member group of dealers and museum directors who review and
recommend acceptance or adjustment of taxpayers' claimed values for
major paintings and sculptures, Far Eastern and Asian art, Primitive
and Pre-Columbian art), or
-
Contract with an independent dealer, scholar, or appraiser
to appraise the property when the objects require appraisers of highly
specialized experience and knowledge.
Responsibility of the Service.
The Service is responsible for reviewing appraisals, but it is not
responsible for making them. Supporting the FMV listed on your return
is your responsibility.
The Service does not accept appraisals without question.
Nor does the Service recognize any particular appraiser or
organization of appraisers.
Timing of Service action.
The Service generally does not approve valuations or appraisals
before the actual filing of the tax return to which the appraisal
applies. In addition, the Service generally does not issue advance
rulings approving or disapproving such appraisals.
Exception.
On January 16, 1996, the Service began accepting requests for a
Statement of Value for a donated item of art appraised at
$50,000 or more. For a request submitted as described earlier under
Art valued at $50,000 or more, the Service will issue a
Statement of Value that can be relied on by the donor of the item of
art.
You may be liable for a penalty if you overstate the value or
adjusted basis of donated property.
20% penalty.
The penalty is 20% of the underpayment of tax related to the
overstatement if:
-
The value or adjusted basis claimed on the return is 200%
or more of the correct amount, and
-
You underpaid your tax by more than $5,000 because of the
overstatement.
40% penalty.
The penalty is 40%, rather than 20%, if:
-
The value or adjusted basis claimed on the return is 400% or
more of the correct amount, and
-
You underpaid your tax by more than $5,000 because of the
overstatement.
How To Get More Information
You can order free publications and forms, ask tax questions, and
get more information from the IRS in several ways. By selecting the
method that is best for you, you will have quick and easy access to
tax help.
Free tax services.
To find out what services are available, get Publication 910,
Guide to Free Tax Services. It contains a list of free tax
publications and an index of tax topics. It also describes other free
tax information services, including tax education and assistance
programs and a list of TeleTax topics.
Personal computer. With your personal computer and
modem, you can access the IRS on the Internet at
www.irs.gov. While visiting our web site, you can select:
-
Frequently Asked Tax Questions (located under
Taxpayer Help & Ed) to find answers to questions you
may have.
-
Forms & Pubs to download forms and
publications or search for forms and publications by topic or
keyword.
-
Fill-in Forms (located under Forms &
Pubs) to enter information while the form is displayed and then
print the completed form.
-
Tax Info For You to view Internal Revenue
Bulletins published in the last few years.
-
Tax Regs in English to search regulations and the
Internal Revenue Code (under United States Code
(USC)).
-
Digital Dispatch and IRS Local News Net
(both located under Tax Info For Business) to receive
our electronic newsletters on hot tax issues and news.
-
Small Business Corner (located under Tax
Info For Business) to get information on starting and operating
a small business.
You can also reach us with your computer using File Transfer
Protocol at ftp.irs.gov.
TaxFax Service. Using the phone attached to your fax
machine, you can receive forms and instructions by calling
703–368–9694. Follow the directions from the
prompts. When you order forms, enter the catalog number for the form
you need. The items you request will be faxed to you.
Phone. Many services are available by phone.
-
Ordering forms, instructions, and publications.
Call 1–800–829–3676 to order
current and prior year forms, instructions, and publications.
-
Asking tax questions. Call the IRS with your tax
questions at 1–800–829–1040.
-
TTY/TDD equipment. If you have access to TTY/TDD
equipment, call 1–800–829– 4059 to ask
tax questions or to order forms and publications.
-
TeleTax topics. Call
1–800–829–4477 to listen to pre-recorded
messages covering various tax topics.
Evaluating the quality of our telephone services. To
ensure that IRS representatives give accurate, courteous, and
professional answers, we evaluate the quality of our telephone
services in several ways.
-
A second IRS representative sometimes monitors live
telephone calls. That person only evaluates the IRS assistor and does
not keep a record of any taxpayer's name or tax identification
number.
-
We sometimes record telephone calls to evaluate IRS
assistors objectively. We hold these recordings no longer than one
week and use them only to measure the quality of assistance.
-
We value our customers' opinions. Throughout this year, we
will be surveying our customers for their opinions on our
service.
Walk-in. You can walk in to many post offices,
libraries, and IRS offices to pick up certain forms, instructions, and
publications. Also, some libraries and IRS offices have:
-
An extensive collection of products available to print from
a CD-ROM or photocopy from reproducible proofs.
-
The Internal Revenue Code, regulations, Internal Revenue
Bulletins, and Cumulative Bulletins available for research
purposes.
Mail. You can send your order for forms, instructions,
and publications to the Distribution Center nearest to you and receive
a response within 10 workdays after your request is received. Find the
address that applies to your part of the country.
-
Western part of U.S.:
Western Area Distribution Center
Rancho Cordova, CA 95743–0001
-
Central part of U.S.:
Central Area Distribution Center
P.O. Box 8903
Bloomington, IL 61702–8903
-
Eastern part of U.S. and foreign addresses:
Eastern Area Distribution Center
P.O. Box 85074
Richmond, VA 23261–5074
CD-ROM. You can order IRS Publication 1796, Federal
Tax Products on CD-ROM, and obtain:
-
Current tax forms, instructions, and publications.
-
Prior-year tax forms, instructions, and publications.
-
Popular tax forms which may be filled in electronically,
printed out for submission, and saved for recordkeeping.
-
Internal Revenue Bulletins.
The CD-ROM can be purchased from National Technical Information
Service (NTIS) by calling 1–877–233–6767
or on the Internet at www.irs.gov/cdorders. The
first release is available in mid-December and the final release is
available in late January.
IRS Publication 3207, Small Business Resource Guide, is
an interactive CD-ROM that contains information important to small
businesses. It is available in mid-February. You can get one free copy
by calling 1–800–829–3676.
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