A helpful rule of thumb is that charitable contributions are either gifts of cash or gifts of property other than cash (the tax code and IRS regulations use this language or its like in a number of places). So, in this case, you are only given the use of the chairs, not the chairs themselves, as you note, so that’s a “partial interest” in property and not a gift of the property itself.
The alternative arrangement would probably allow you to count a gift, although it could be a bit tricky to make sure that is a voluntary gift rather than a contractual exchange. In any case, while that sort of arrangement could mean that you get to count a gift, the vendor doesn’t really get anything out of it, since they have the additional income from the rental and the offsetting charitable gift, which is—at best—a wash. So they may or may not be interested in the alternative approach.
My US$0.02 worth; the usual disclaimers apply.
Good luck!
Alan
Alan S. Hejnal
Data Quality Manager
Smithsonian Institution - Office of Advancement
600 Maryland Avenue SW, Suite 600E
P.O. Box 37012, MRC 527
Washington, DC 20013-7012
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From: Advancement Services Discussion List <
FUNDSVCS@LISTSERV.FUNDSVCS.ORG> On Behalf Of Rich, Elizabeth
Sent: Thursday, March 28, 2019 3:57 PM
To:
FUNDSVCS@LISTSERV.FUNDSVCS.ORG
Subject: [FUNDSVCS] Question About Rental Items
Greeting Colleagues,
It me with another question. The company that usually wants to rent chairs to us for commencement is offering to do it for free this year. It is my feeling that, because they are not actually donating a "thing," meaning they are not giving us the chairs - they are loaning them, this is not a tax-deductible event. I suggested that they invoice the College, then send the amount back to us as a monetary donation. Is this correct?
Thanks for your assistance.
Liz Rich
--
Elizabeth Rich
Director of Advancement Services
Elms College, 291 Springfield Street, Chicopee, MA 01013
Ph: 413-265-2403 Fax: 413-265-2449
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