Contents
Contents Contents
OTHER GIFTS OF REMAINDER INTERESTSIndeed, there are only three of these situations:1. Qualified conservation contributions 62. Contributions of remainder interests in a personal residence or farm 73. Contributions of an undivided portion of the donor’s entire interest in theproperty 8§ 15.2 CONTRIBUTIONS OF REMAINDER INTERESTSIN PERSONAL RESIDENCE OR FARMA federal income tax charitable contribution deduction may arise from a gift of aremainder interest in a personal residence or farm, even though the gift is notmade in trust and is irrevocable. 9 This deduction is based on the value of theremainder interest. 10 In determining this value, depreciation (computed on thestraight-line method) and depletion of the property may be taken into account. 11If the property is contributed subject to a mortgage, the transfer must be treatedas a bargain sale. 12(a) Personal ResidenceA personal residence is a property that is used by its owner as a personal residence;it does not have to be the owner’s principal residence. 13 For example, avacation home would likely qualify under this definition. 14 Indeed, there is norestriction on the form a personal residence may take. All that is required forsomething to qualify as a personal residence is that it contain facilities for cooking,sleeping, and sanitation. 15The term personal residence also includes stock owned by a donor as a tenantstockholderin a cooperative housing corporation, 16 if the dwelling that thedonor is entitled to occupy as a stockholder is used by the donor as his or herpersonal residence. 17In general, a personal residence does not include household furnishings thatare not fixtures. 18 Thus, there is no charitable deduction for a contribution of aremainder interest in household furnishings contained in a decedent’s personalresidence at the time of death. 196 IRC § 170(f)(3)(B)(iii). See § 9.7.7 IRC § 170(f)(3)(B)(i). See § 15.2.8 IRC § 170(f)(3)(B)(ii). See § 15.3.9 IRC § 170(f)(3)(B)(i); Reg. § 1.170A-7(b)(3), (4).10 IRC § 170(f)(3)(B)(i); Reg. § 1.170A-7(b)(3), (4).11 IRC § 170(f)(4); Reg. § 1.170A-12(b)(2).12 See, e.g., Priv. Ltr. Rul. 9329017. The bargain sale rules are the subject of § 9.19.13 Reg. § 1.170A-7(b)(3).14 Id.15 Rev. Rul. 74-241, 1974-1 C.B. 68. The IRS held that a yacht which “contains all of the amenities found in ahouse” qualified as a personal residence. Priv. Ltr. Rul. 8015017.16 IRC § 216(b)(1), (2).17 Reg. § 1.170A-7(b)(3).18 See, e.g., Reg. § 1.1034-1(c)(3).19 Rev. Rul. 76-165, 1976-1 C.B. 279. 506
- Page 1006: § 13.2 QUALIFYING POOLED INCOME FU
- Page 1010: § 13.2 QUALIFYING POOLED INCOME FU
- Page 1014: § 13.3 ALLOCATION OF INCOMEThe gov
- Page 1018: § 13.5 MANDATORY PROVISIONSEXAMPLE
- Page 1022: § 13.7 PASS-THROUGH OF DEPRECIATIO
- Page 1026: § 13.9 MULTIORGANIZATION POOLED IN
- Page 1030: § 13.9 MULTIORGANIZATION POOLED IN
- Page 1034: § 13.11 CHARITABLE CONTRIBUTION DE
- Page 1038: C H A P T E R F O U R T E E N1 4Cha
- Page 1042: § 14.3 DEFERRED PAYMENT GIFT ANNUI
- Page 1046: § 14.6 UNRELATED DEBT-FINANCED INC
- Page 1050: § 14.8 GIFT ANNUITIES AND ANTITRUS
- Page 1054: C H A P T E R F I F T E E N1 5Other
- Page 1060: OTHER GIFTS OF REMAINDER INTERESTSa
- Page 1064: OTHER GIFTS OF REMAINDER INTERESTSA
- Page 1068: OTHER GIFTS OF REMAINDER INTERESTSa
- Page 1072: OTHER GIFTS OF REMAINDER INTERESTSe
- Page 1076: CHARITABLE LEAD TRUSTSremainder tru
- Page 1080: CHARITABLE LEAD TRUSTSUnder this ap
- Page 1084: CHARITABLE LEAD TRUSTSaccelerate th
- Page 1088: CHARITABLE LEAD TRUSTS§ 16.8 ANTI-
- Page 1092: CHARITABLE LEAD TRUSTSmade pursuant
- Page 1098: C H A P T E R S E V E N T E E N1 7G
- Page 1102: § 17.2 LIFE INSURANCE CONCEPTSPerm
OTHER GIFTS OF REMAINDER INTERESTSIndeed, there are only three of these situations:1. Qualified conservation contributions 62. Contributions of remainder interests in a personal residence or farm 73. Contributions of an undivided portion of the donor’s entire interest in theproperty 8§ 15.2 CONTRIBUTIONS OF REMAINDER INTERESTSIN PERSONAL RESIDENCE OR FARMA federal income tax charitable contribution deduction may arise from a gift of aremainder interest in a personal residence or farm, even though the gift is notmade in trust and is irrevocable. 9 This deduction is based on the value of theremainder interest. 10 In determining this value, depreciation (computed on thestraight-line method) and depletion of the property may be taken into account. 11If the property is contributed subject to a mortgage, the transfer must be treatedas a bargain sale. 12(a) Personal ResidenceA personal residence is a property that is used by its owner as a personal residence;it does not have to be the owner’s principal residence. 13 For example, avacation home would likely qualify under this definition. 14 Indeed, there is norestriction on the form a personal residence may take. All that is required forsomething to qualify as a personal residence is that it contain facilities for cooking,sleeping, and sanitation. 15The term personal residence also includes stock owned by a donor as a tenantstockholderin a cooperative housing corporation, 16 if the dwelling that thedonor is entitled to occupy as a stockholder is used by the donor as his or herpersonal residence. 17In general, a personal residence does not include household furnishings thatare not fixtures. 18 Thus, there is no charitable deduction for a contribution of aremainder interest in household furnishings contained in a decedent’s personalresidence at the time of death. 196 IRC § 170(f)(3)(B)(iii). See § 9.7.7 IRC § 170(f)(3)(B)(i). See § 15.2.8 IRC § 170(f)(3)(B)(ii). See § 15.3.9 IRC § 170(f)(3)(B)(i); Reg. § 1.170A-7(b)(3), (4).10 IRC § 170(f)(3)(B)(i); Reg. § 1.170A-7(b)(3), (4).11 IRC § 170(f)(4); Reg. § 1.170A-12(b)(2).12 See, e.g., Priv. Ltr. Rul. 9329017. The bargain sale rules are the subject of § 9.19.13 Reg. § 1.170A-7(b)(3).14 Id.15 Rev. Rul. 74-241, 1974-1 C.B. 68. The IRS held that a yacht which “contains all of the amenities found in ahouse” qualified as a personal residence. Priv. Ltr. Rul. 8015017.16 IRC § 216(b)(1), (2).17 Reg. § 1.170A-7(b)(3).18 See, e.g., Reg. § 1.1034-1(c)(3).19 Rev. Rul. 76-165, 1976-1 C.B. 279. 506