Insights

APPRAISAL REQUIREMENTS FOR DONATIONS OF REAL PROPERTY AND OTHER ASSETS TO SECTION 501 ( C ) (3) ORGANIZATIONS

Introduction

For Federal tax purposes, you must file  Form 8283 to report information about noncash charitable contributions for which you are claiming an income tax deduction ..

You must file one or more Forms 8283 if the amount of your deduction for each noncash contribution is more than $500. You must also file Form 8283 if you have a group of similar items for which a total deduction of over $500 is claimed.. For this purpose, “amount of your deduction” means your deduction before applying any income limits that could result in a carryover.

Form 8283 is filed by individuals, partnerships, and corporations.

You must get a written qualified appraisal from a qualified appraiser (see below)  for an item or group of items including real property or non publicly traded securities for which you claim a deduction  exceeding $5,000.00. There are certain exceptions such as publicly traded securities.

If you are claiming a deduction of more than $500,000 for an item (or group of similar items) donated to one or more donees, you must attach the qualified appraisal of the property to your Form 8283  unless an exception applies.

The donee must also sign Form 8283 and any  written acknowledgement from the done organization  must state that the donee has exclusive legal control over the donated asset.

What is a Qualified Appraisal

The appraisal must be prepared by a qualified appraiser (defined later) in accordance with the substance and principles of the Uniform Standards of Professional Appraisal Practice, as developed by the Appraisal Standards Board of the Appraisal Foundation.

The appraisal must be signed and dated by a qualified appraiser 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 you first claim on an amended return, you must obtain the appraisal before the date you file the amended return.  The Appraiser must make a declaration (see below) on the Form 8283[1].

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.

Who is a Qualified Appraiser ?

If you are required to get an appraisal, you must get it from a qualified appraiser. A qualified appraiser is an individual who meets all the following requirements as of the date the individual completes and signs the appraisal.

  1. The individual either:
    1. Has earned a recognized appraiser designation from a generally recognized professional appraiser organization for demonstrated competency in valuing the type of property being appraised, or
    2. Has met certain minimum education requirements and has two or more years of experience in valuing the type of property being appraised. To meet the minimum education requirements, the individual must have successfully completed professional or college-level coursework in valuing the type of property and the education must be from:
      1. A professional or college-level educational organization,
      2. A generally recognized professional trade or appraiser organization that regularly offers educational programs, or
      3. An employer as part of an employee apprenticeship or education program similar to professional or college-level courses.
  2. The individual regularly prepares appraisals for which he or she is paid.
  3. The appraiser makes a declaration in the appraisal that, because of his or her experience and education, he or she is qualified to make appraisals of the type of property being valued.
  4. The appraiser specifies in the appraisal the appraiser’s education and experience in appraising the type of property being valued.

Generally, a party to the transaction in which you acquired the property being appraised 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 appraisal is not a qualified appraisal if you either fail to disclose or misrepresent facts to your appraiser and a reasonable person would expect this failure or misrepresentation to cause the appraiser to misstate the value of the property you contributed.

Appraisal fees cannot be based on a percentage of the appraised value. Generally,  the donor orders the appraisal and it is addressed to the donor.

 

Subsequent Sales or other Dispositions  — Filing of Form 8282

 

The donee or any successor donee  must file with the IRS  and provide to the donor,  Form 8282 if they sell, exchange, consume, or otherwise dispose of (with or without consideration) charitable deduction property (or any portion thereof) within 3 years after the date they received the property.

The foregoing is a summary prepared for informational purposes only. In making any decision regarding a donation to a Section 501 (c  ) (3) organization  you should consult competent legal and financial professionals.

 

June 2021

[1] What Declaration must the Qualified Appraiser Make (generally on Form 8283)

I declare that I am not the donor, the donee, a party to the transaction in which the donor acquired the property, employed by, or related to any of the foregoing persons, or married to any person who is related to any of the foregoing persons. And, if regularly used by the donor, donee, or party to the transaction, I performed the majority of my appraisals during my tax year for other persons . Also, I declare that I perform appraisals on a regular basis; and that because of my qualifications as described in the appraisal, I am qualified to make appraisals of the type of property being valued. I certify that the appraisal fees were not based on a percentage of the appraised property value. Furthermore, I understand that a false or fraudulent overstatement of the property value as described in the qualified appraisal may subject me to the penalty under section 6701(a) (aiding and abetting the understatement of tax liability). I understand that my appraisal will be used in connection with a return or claim for refund. I also understand that, if there is a substantial or gross valuation misstatement of the value of the property claimed on the return or claim for refund that is based on my appraisal, I may be subject to a penalty under section 6695A of the Internal Revenue Code, as well as other applicable penalties. I affirm that I have not been at any time in the three-year period ending on the date of the appraisal barred from presenting evidence or testimony before the Department of the Treasury or the Internal Revenue Service pursuant to 31 U.S.C. 330(c).

 

Copyright © 2021. All Rights Reserved.
Website Designed By Radial Creations