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Q: how do i price my charity donation to max my deduction & minimize an IRS audit? ( Answered,   2 Comments )
Question  
Subject: how do i price my charity donation to max my deduction & minimize an IRS audit?
Category: Business and Money > Accounting
Asked by: grobrien-ga
List Price: $101.10
Posted: 12 Oct 2002 14:13 PDT
Expires: 11 Nov 2002 13:13 PST
Question ID: 75822
I would like to donate several items to a charity(ie:Habitat for
Humanity) and get a top dollar tax write off. Assume the items have no
known price( was a gift or free). Iam preparing to fight with the IRS
or undergo an audit, but would rather not. (ie; i have digital photo
of donated item, to prove it really does exist.)What else should I
have done before filing my taxes?( a professional evaluation is out of
the question!! these are small dollar items. Ie: 10 sking sets(skies,
binding, boots and poles).(was free to me and Gart Sports has new
skies with bindings for $385 each, poles for $29 to $60 and boots for
$165. can I use some kind of formula to arrive at a price that will
not flag the IRS?(ie:new minus some percentage?). An opinion is ok but
would really like an answer that i can use WHEN the IRS calls. Does
IRS have some chapter/verse that give directions for this?
Answer  
Subject: Re: how do i price my charity donation to max my deduction & minimize an IRS audit?
Answered By: taxmama-ga on 12 Oct 2002 18:30 PDT
 
Dear Brien,


I understand your concern very well. 
You're wise to take the precaution to document
the costs now, while things are still fresh in your mind.

Although, it IS better to make the list BEFORE you
prepare the tax return.

The first thing I tell my clients is to make a list of 
all the items donated.

Your page heading is: 

Your name and Social Security Number
The name and address and phone number of the charity.
The date of the donation.

Your page should have 5 columns with the following titles:

(1)Item Description (2)Quantity (3)Value When New (4)Donated Value
(5)Source

Make several copies of this page. Use a separate sheet for each
donation
ticket you have.

List each item and the # of units of each. 

You may use approximate values for the Value When New.
That's not the important column. Just make sure the values
make some sense. 


The governing factor will be the Donated Value, since that's the 
amount you deducted.

OK how do we arrive at reliable numbers for this column?

First.  Start with the Salvation Army site's Valuation Guide. Print 
the whole thing out.  Put it in your tax return file for the year of 
the donation. IRS will accept values derived from here as reliable. 
http://www.satruck.org/ValueGuide.asp

Next, see if any of your items are included in that guide. Do you see
how
the guide shows a range of values - low to high? 
Depending on the condition of the item, use a number within that
range.

Make your entries on all your lists. Enter ‘Salvation Army" under
Source
Now, look your list over and see what else you have left.

Here's another list that includes more upscale items, from Small
Business
and Tax Management. (I just happen to know about this one)
http://www.smbiz.com/sbrl007.html

Follow the instructions above. Source is smbiz.com

Be careful though. When you use several lists, make sure that the 
other items you've listed don't show up on the new list with a lower
value. This can be a subtle balancing act. 


Used Skis? Do a Google search for "skis used' do a subsearch for the
kind of skis
and outfits you donated. Find listings of those items for sale, with
amounts.
Print out those pages and enter the amounts in your list. 

These sites have a list of places that sell used skis 
http://www.skishoppingguide.com/usedskis.html
http://www.cross-countryski.com/used_skis.html

For each of the unique items you've donated, in all categories, 
look for places that have objective values, rather than a private
person's site.

Do this for each branded item you want to substantiate.

There's an interesting software package that claims to also offer
"Audit Protection' Called It's Deductible 
http://www.itsdeductible.com

They offer software for around $30.00 . I've never used it, so I can't
tell you how reliable it is. 

http://www.itsdeductible2.com/html/products1_detailmp.cfm?CATx=Consumer&SUBCAT=Standard

What I can tell you is, the more hard, objective data you put into
your
file, the less likely you are to lose in an audit. 

Here's the fundamental trick:

If you hand a auditor a neatly typed or printed list, 
with all the values and sources listed, with copies of
all the printouts you've made to support each item, 
they cannot disallow your deduction. 

What I usually do during an audit is to make a complete
set of all the lists and documentation for the auditors.
It they have all the hard data to put into the file, their audit
report looks good. I have done half for their job for  them. 
They look like real pros. Their superiors will approve it. 

So, you win. It always works for me.

(Oh yes, one last trick - always be very respectful, polite 
and pleasant to the auditor. That does make a difference.)

If I can clarify anything more for you on these donations, 
please don't hesitate to ask. 

Your TaxMama-ga

Search tips:

1) Salvation Army, do a Google search for Salvation Army, do a
sub-search for
"valuation guide". Click on those results until you get a page with
the list.

(Note: Some of this material came from my copyrighted articles 
used to teach tax professionals)

Request for Answer Clarification by grobrien-ga on 04 Nov 2002 15:22 PST
OUCH! iam caught in a tough spot! You say "Yes" and one
comment(richard-ga) says "maybe" and one comment(highroute-ga)
says"NO".
I have taken this information to some auditors/accountants i know and
the response is equally split.( it seems that the issue is "no
basis,no deduction")
[since it is in my self interest, i argue that "it is just common
sense" that everything has a fair market value! The response has
stopped me cold!"This isn't about common sense, its about the IRS
rules." Would you please review the comments? [If the issue really is
about IRS rules, then i think my being able to use this deduction is
cloudy] (also...Thank You for your clear and helpful
answer.)

Clarification of Answer by taxmama-ga on 04 Nov 2002 18:38 PST
Dear Brien,

Oh, you poor man, I understand why you are so 
frustrated and confused.

Before you get any deeper, tell me, just how much
money are we talking about as total donations of 
these personal items?  Are we talking about less
than $10,000 for the year? (If so, don't sweat it.)

Yes, this is about tax code. But the tax code does not
require that you prove your cost. 
§1.170A-1. Charitable, etc., contributions and gifts;
allowance of deduction
© Value of a contribution in property--(1) If a charitable 
contribution is made in property other than money, the
amount of the contribution is the fair market value of the
property at the time of the contribution reduced as provided 
in section 170(e)(1) and paragraph (a) of §1.170A-4, or 
section 170(e)(3) and paragraph © of §1.170A-4A.

Your basis is either your purchase price, or the cost to whoever 
gave you the item as a gift.  So, even if you got these things as a gift, 
(or someone gave them to you for free) you still have a basis in them. 

Taxable basis really only becomes an issue in two cases
1) if you used these skis and things for business and you took deduction
for these items on your business return. Then, your basis is, in fact, zero.

Or 2) if you bought these skis for $200, let's say, and they've
gone up in value to $2,000. That would open up other issues.
You're not dealing with that. 

For all practical purposes, in 25 years of IRS audits, no one
has ever asked for proof of the purchase price of a donation.
They have asked for proof of my valuation of donations, if
the donations were quoted in the thousands of dollars. 

This was never a problem. After all, whenever my clients
took non-cash donations for that much money, I always
attached a schedule showing the list of items and their
FMV and a copy of anything we used to arrive at the value.

That's where that It's Deductible tool will come into play.
I've been talking to those people some more, since I found
it for you. And their background in establishing values is
pretty extensive. Take a look at their background

http://www.incomedynamics.com/
Income Dynamics is the nation's premier provider of fair
market valuations to the corporate and consumer marketplace.


They even provide a warranty that their valuations will hold up 
to IRS scrutiny. So, use their data to provide proof of the value.
Attach a summary of the data to your return.
Use their warranty to back you up in case of  audit.

Best wishes,

Your TaxMama-ga

Clarification of Answer by taxmama-ga on 08 Nov 2002 10:28 PST
Incidentally, Brien, 

Since I just have a sense that you are still unsure...

Print out this whole page and put it in your tax file
for that year, too. 

If you are ever audited, even if IRS should disallow
any part of your deduction, I promise you will not be
charged any penalties. Just show them this and the book
and they will accept that you made a good faith effort
to use the tax code correctly. 

Relying on objective information like this will absolutely
help you avoid all accuracy and fraud penalties. 

I promise.

And I don't make promises lightly.

Your TaxMama-ga
Comments  
Subject: Re: how do i price my charity donation to max my deduction & minimize an IRS audit?
From: richard-ga on 12 Oct 2002 18:51 PDT
 
Under Internal Revenue Section 170(e)(1)(B)(i), no matter how good
your records, there's another issue to deal with if you want to take a
charitable deduction for a contribution of skis, bindings, boots and
poles to Habitat for Humanity.

"If the use of the contributed property is related to the exempt
purposes of the charity (e.g., rare books to the library, a painting
to the galleries, etc.), then the donor would be entitled to a
charitable deduction for the full fair market value of the property,
subject to the 30% ceiling and carry-over.

"[But i]f the use of the contributed property is unrelated to the
exempt purposes of the charity (e.g., stamp collection to a hospital
to sell and use the proceeds), then the donor would be entitled to a
charitable deduction only for his or her basis in the property."
Alumni and Giving
http://www.purduenc.edu/giving/howto.html

If you got the goods as a gift from someone who bought them, you
should be all right.  But if you got the goods free from the
manufacturer, you're probably limited to the lesser of what they're
worth today and what it cost the manufacturer to produce them.

-R
Subject: Re: how do i price my charity donation to max my deduction & minimize an IRS au
From: highroute-ga on 12 Oct 2002 22:27 PDT
 
You should read IRS Publication 526, "Charitable Contributions", and
Publication 551, "Basis of Assets". You can get them here, in Adobe
Acrobat format:
  http://www.irs.gov/pub/irs-pdf/p526.pdf
  http://www.irs.gov/pub/irs-pdf/p551.pdf

See especially page 8 of "Charitable Contributions", regarding "Giving
Property That Has Increased in Value", and see especially pages 8-9 of
"Basis of Assets", regarding "Property Received as a Gift". As
suggested by richard-ga, I think your challenge will be to prove to
the IRS that you have any basis at all in the property you intend to
donate, seeing that you got it for free and you may or may not have
any idea what your donor's basis was. In this case, if you have no
basis, you get no deduction, regardless of what the fair market value
of the property is when you donate it.

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