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  • 1.  Is this a gift? Donor wants to give art collection but does not plan to claim a tax deduction

    Posted 07-13-2023 11:46 AM

    We have been asked for the correct procedure in the following situation: An alumna would like to donate a significant number of artworks (paintings, drawings) to our University gallery. She estimates that these are worth more than $5,000, but does not have an appraisal, nor can she afford an appraisal. However, she does not plan to claim this as a tax-deductible gift. She has been working with a development officer and a faculty member for quite some time and is now ready to proceed with this. 

    Is this a gift? If so, what are our obligations to document the value? The donor will not get a professional appraisal but fears that undervaluing the collection on the gift form will run afoul of IRS guidelines. If this is not a charitable gift, we will refer the matter to the Gallery.  

    Our staff is inclined to think this is not a charitable gift that we (University Advancement) would accept and process. All of our policies are consistent with IRS guidelines on charitable deductions. We believe the alumna should make an outright gift of this work, deeding the collection to the University. I've found references to deeds of gift, here on the Society of American Archivists  which seems to describe this donor's intent. 

    I'm interested in hearing about other experiences with similar situations and opinions! There is so much knowledge and e

    Maureen
     


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    Maureen Aylward
    University of Mary Washington
    maylward@umw.edu
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  • 2.  RE: Is this a gift? Donor wants to give art collection but does not plan to claim a tax deduction

    Posted 07-13-2023 12:18 PM
    It is a gift, and such a situation is described in the CASE Standards. Whether a donor wishes to provide an appraisal is never a factor - we cannot demand that. And it does not matter whether the donor plans to claim a deduction.

    What matters is a legal transfer of the property (Deed of Gift). What you record for counting purposes is up to you. CASE states you can use the donor's word for gifts under $5,000. For anything else, you should research - probably online - values for similar items. If there is any doubt, you can ask the Gift Acceptance Committee for their judgment - or count it at $1 until you obtain a third-party valuation.

    John

    John H. Taylor
    Principal
    John H. Taylor Consulting, LLC
    2604 Sevier St.
    Durham, NC   27705
    919.816.5903 (cell/text)

    Serving the Advancement Community Since 1987






  • 3.  RE: Is this a gift? Donor wants to give art collection but does not plan to claim a tax deduction

    Posted 07-17-2023 12:31 PM
    Good afternoon, Maureen - 

    As a quick follow up to John's note, I've found that those responsible at your organization for asset-tagging and potentially insuring gifts like this might want to weigh in on the questions around assessed value. As John noted, this can certainly be a gift but then it falls to your institutional acceptance policies to determine what might get recorded and at what value (whether in the advancement database or the institution's financial database of record). 

    Good luck as you get this sorted!  -Amy


    Amy J. Phillips
    Director of Advancement Services, Gift Acceptance
    Division of University Advancement
    The Catholic University of America
    620 Michigan Avenue, USCCB 166
    Washington, DC 20064
    Phone: 202-319-6919







  • 4.  RE: Is this a gift? Donor wants to give art collection but does not plan to claim a tax deduction

    Posted 07-28-2023 12:52 PM

    Thank you Amy.

    We did not have to process this collection! The new Galleries Director suggested that the University take these objects as both a loan from the alumna and a promised gift. This allows the University to understand the extent of the collection and the condition (using existing intern labor) by cataloging and digitizing the collection which will also help with the appraisal, when the time comes. In addition, this allows the donor time to finalize her intentions and work through some of her emotional hesitation around this. 

    The director has used this process successfully elsewhere.

    To your point about asset-tagging and insurance - these questions have been handled separately from the gift valuation, in past cases. 

    Whew! 



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    Maureen Aylward
    University of Mary Washington
    maylward@umw.edu
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  • 5.  RE: Is this a gift? Donor wants to give art collection but does not plan to claim a tax deduction

    Posted 07-28-2023 12:54 PM

    Thanks John for your clear guidance.

    Happily, the collection is being managed in another way, postponing our official involvement.



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    Maureen Aylward
    University of Mary Washington
    maylward@umw.edu
    ------------------------------