Not a fun place to be.
But I think that you’re wise to engage the auditors directly and hash out the issue and hopefully arrive at a mutually agreeable interpretation.
Just be sure to bring along John Taylor’s authoritative interpretation! (and IRS Publication 1771 and maybe this<https://www.irs.gov/charities-non-profits/charitable-organizations/charity-auctions> from the IRS website)
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
•: 202-633-8754 | •:
HejnalA@si.edu<mailto:
HejnalA@si.edu>
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From: Advancement Services Discussion List <
FUNDSVCS@LISTSERV.FUNDSVCS.ORG> On Behalf Of Steve
Sent: Thursday, September 5, 2019 2:55 PM
To:
FUNDSVCS@LISTSERV.FUNDSVCS.ORG
Subject: Re: [FUNDSVCS] In-kind Gift Acknowledgement
Alan,
You read the question correctly and as intended.
I'm in the fun place of pissing off my boss for giving push back and contradicting what she heard our auditors say. So I'm circling back to our auditors to hear from the horse's mouse what exactly was said and meant.
Steve
On Wednesday, September 4, 2019, 04:48:39 PM EDT, Hejnal, Alan <
00000031f8bb5829-dmarc-request@LISTSERV.FUNDSVCS.ORG<mailto:
00000031f8bb5829-dmarc-request@LISTSERV.FUNDSVCS.ORG>> wrote:
Hmmm. I read the question as referring to the written acknowledgment provided to the donor who contributed the item to be auctioned, rather that the written acknowledgment provided to the donor who purchased the item at the charitable auction.
Auctions are complicated because there are those two transactions, and they’re different sorts of transactions so they follow different rules.
The donor of an item to be sold at auction is making a straight non-cash/property gift, so the written acknowledgment would provide only a description of the property contributed, in enough detail so that any subsequent audit could adequately identify the item. And, in the case of personal property donated for a charitable auction, the donor’s deduction (which is the donor’s responsibility to determine, in any case), would be limited to the lower of the item’s fair market value (FMV) and the donor’s basis in the item (generally whatever the donor paid to acquire it, which is usually lower). What the item might have sold for at the auction wouldn’t have any bearing on the matter and would be irrelevant to the donor of the property (at least for tax purposes).
The only reason that we ask the donor of property for a charitable auction for the value of the property in the first place is not to reflect it back on the receipt to the donor of the property but rather because we need the value so that we can tell the potential bidder the value of the item, so that the bidder can decide whether they want to bid more than the item is worth, which establishes their intent to make a charitable contribution by making their winning bid of an amount greater than the item’s value. So we would need to tell the winning bidder the value of the item (if they paid more than the value of the item) , so that they would know how much of their payment would be deductible.
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
•: 202-633-8754 | •:
HejnalA@si.edu<mailto:
HejnalA@si.edu>
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From: Advancement Services Discussion List <
FUNDSVCS@LISTSERV.FUNDSVCS.ORG<mailto:
FUNDSVCS@LISTSERV.FUNDSVCS.ORG>> On Behalf Of Gregory Duke
Sent: Wednesday, September 4, 2019 4:28 PM
To:
FUNDSVCS@LISTSERV.FUNDSVCS.ORG<mailto:
FUNDSVCS@LISTSERV.FUNDSVCS.ORG>
Subject: Re: [FUNDSVCS] In-kind Gift Acknowledgement
Steve:
I'll let our right honorable friend John Taylor give the final answer to this as he is an expert on the subject.
But if I remember correctly when the university I then worked for had an auction we did include both the purchase price and the FMV on the tax receipt. It was our way of saying, "Yes, you purchased the item for $X, but the fair market value of the item is $Y". As far as I know that wasn't actually required by the IRS, but it did seem to work for our donors.
Thanks,
Greg
Gregory Duke, D.Phil, bCRE-PRO
Staupell Analytics
greg@staupell.com<mailto:
greg@staupell.com>
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________________________________
From: Advancement Services Discussion List <
FUNDSVCS@LISTSERV.FUNDSVCS.ORG<mailto:
FUNDSVCS@LISTSERV.FUNDSVCS.ORG>> on behalf of Steve <
steve0155@SBCGLOBAL.NET<mailto:
steve0155@SBCGLOBAL.NET>>
Sent: Wednesday, September 4, 2019 4:08 PM
To:
FUNDSVCS@LISTSERV.FUNDSVCS.ORG<mailto:
FUNDSVCS@LISTSERV.FUNDSVCS.ORG> <
FUNDSVCS@LISTSERV.FUNDSVCS.ORG<mailto:
FUNDSVCS@LISTSERV.FUNDSVCS.ORG>>
Subject: [FUNDSVCS] In-kind Gift Acknowledgement
Good afternoon all,
We are preparing gift in-kind acknowledgements for an upcoming event and I need some input regarding the detail that is included to the donor of the item itself.
I am being told that the acknowledgement letter to the donor of the item must include the FMV AND the amount of the winning bid. This in addition to the description of the item as provided by the donor.
For example, a letter to the donor of a Ladies 18 karat yellow god oval shape green jade and diamond ring would include the description as provided and the declared value of $350.00 and the purchased price of $175.00.
For that item the donor said that she was told by her accountant that the purchase price was needed to help determine how much she could deduct for taxes. The FMV that she provided wasn’t sufficient.
Need advice and counsel on how to proceed with this.
Steve Walsh
Stephen R. Walsh, bCRE-Pro
Development Database Manager
The Province of St. Joseph of the Capuchin Order
1820 Mt. Elliott Street - Detroit, MI 48207
313.579.2100 ext. 1208 (o)
swalsh@thecapuchins.org<mailto:
swalsh@thecapuchins.org>
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