12.07.2015 Views

Contents

Contents

Contents

SHOW MORE
SHOW LESS
  • No tags were found...

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

RECEIPT, RECORDKEEPING, AND REPORTING REQUIREMENTSproperty to more than one charitable donee must, however, attach to the appropriatetax return a separate appraisal summary for each donee. 96Every donor who presents an appraisal summary to a charitable organizationfor signature must furnish a copy of the appraisal summary to the charitabledonee. 97 If the donor is a partnership or S corporation, the donor must provide acopy of the appraisal summary to every partner or shareholder who receives anallocation of a deduction for a charitable contribution of property described in theappraisal summary. 98 The partner or shareholder must attach the appraisal summaryto the partner’s or shareholder’s return. 99 If a donor (or partner or shareholderof a donor) fails to attach the appraisal summary to the return, a charitable deductionwill not be disallowed if the donor (or partner or shareholder) submits anappraisal summary within 90 days of being requested to do so by the IRS, so long asthe failure to attach the appraisal summary was a good faith omission and certainother requirements are met (including timely completion of the appraisal). 100Contributors must file the appraisal summary form (Form 8283, Section A)when the total value of all noncash contributions exceeds $500 and is less than$5,000. This portion of the form must also be used to report contributions of publiclytraded securities, even when the value of them is in excess of $5,000.Special rules apply for the substantiation of charitable deductions for gifts ofnon-publicly traded securities (such as Israeli bonds). When a five-part test issatisfied, charitable deductions are permitted for securities that are not publiclyexchanged and for which there are no published quotations.(d) Qualified AppraiserThe term qualified appraiser means an individual who includes on the appraisalsummary a declaration that• He or she holds himself or herself out to the public as an appraiser or performsappraisals on a regular basis• Because of the appraiser’s qualifications as described in the appraisal, heor she is qualified to make appraisals of the type of property being valued• The appraiser is not one of the persons excluded by these rules frombeing a qualified appraiser• The appraiser understands that an intentionally false or fraudulent overstatementof the value of the property described in the qualified appraisalor appraisal summary may subject the appraiser to a civil penalty for aidingand abetting an understatement of tax liability, 101 and consequentlythe appraiser may have appraisals disregarded 10296 Reg. § 1.170A-13(c)(4)(iv)(B).97 Reg. § 1.170A-13(c)(4)(iv)(E).98 Reg. § 1.170A-13(c)(4)(iv)(F).99 Reg. § 1.170A-13(c)(4)(iv)(G).100 Reg. § 1.170A-13(c)(4)(iv)(H).101 IRC § 6701.102 Reg. § 1.170A-13(c)(5)(i). A court concluded that an individual was a qualified appraiser, notwithstanding thefact that he did not meet all the criteria stated in the tax regulations. Herman v. United States, 99-2 U.S.T.C. 50,899 (E.D. Tenn. 2000). 598

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!