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  • 1.  Silent Auctions in California

    Posted 09-05-2023 12:08 PM

    Hi all,

    I am recently new to supporting institutions in the State of California.  There is going to be a silent auction at an alumni event.  I do not know all the specific legalities in California but learning lots.  I was told that the institution will need to register for a seller's permit through the California State Board of Equalization, and the proceeds from the auction will be subject to sales tax.  Is anyone familiar with this?

    In addition, we use Raisers Edge.  Curious as to how others are recording this in Raisers Edge.  Are you entering the gift amount as the purchase price and the receipt amount is only the tax-deductible piece (using separate funds, campaigns, and appeals to separate out the purchase prices versus receipt amount)  Or are organizations only entering a gift for the donors that purchased an auction item above the value of the auction item which is the true gift amount? 

    Much appreciated for the insight on both of these questions.

    Thanks,



    ------------------------------
    Anna Simons
    TCS Organization
    asimons@tcsedsystem.edu
    ------------------------------


  • 2.  RE: Silent Auctions in California

    Posted 09-05-2023 03:52 PM
    Good afternoon, Anna - 

    I'm not an expert on CA laws and such, but I am a bit skeptical about charitable auction items being subject to sales tax. The expectation is that donors are making a charitable gift and the fair market value of the item - for which they hopefully make a bid in excess of - simply results in a receipt reflecting the tax deductible amount of the gift as the total minus the fair market value of the item. The revenue is presumably going to support the mission of the institution and though the IRS wouldn't view the items as being for "related use", I still have difficulty imagining why they would need to have sales tax applied. 

    Have you run this question by your auditors or general counsel? I have, on occasion, found Finance colleagues conflating items at auction as being the same as book store sales and being a bit confused around where sales tax and/or UBIT might be applicable...

    Any real CA tax experts on this list who might be able to offer some guidance to Anna?

    Best regards - 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






  • 3.  RE: Silent Auctions in California

    Posted 09-05-2023 04:04 PM
    Actually, these items are typically subject to sales tax but that can vary depending on state law. In California, however, there is no exemption:


    Typically, donors never see or hear about the taxes, but your CFO sure knows about them. Often the taxes are calculated based on the aggregate of the sales and paid from the overall auction proceeds.

    Here's a snippet from the above reference regarding the sales tax requirement in California:

    "Q: Does sales tax apply to items sold at auctions? 
    " A: Tax generally applies to the sale of any items sold at auctions, silent auctions, rummage sales, bazaars, carnival booths, community events, and other fundraisers. However, auctions by organizations to benefit homeless shelters may be exempt from tax when certain conditions are met."

    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







  • 4.  RE: Silent Auctions in California

    Posted 09-05-2023 04:08 PM
    Oh - and I forgot to include this quote from OBRA, an accounting, tax, and advisory firm:

    COLLECT SALES TAX ON SOLD ITEMS

    Remember that your organization's exemption from paying sales tax when purchasing items is not an exemption from collecting sales tax when selling items. Charitable auctions are basically sales and most states require not-for-profit organizations to collect sales tax on items sold.

    If your organization does not normally engage in merchandise sales, you may need to register with your state to collect sales tax.  Research the state and local sales tax implications before you hold your event to ensure compliance. 


    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







  • 5.  RE: Silent Auctions in California

    Posted 09-05-2023 04:23 PM

    Thank you all.

    Amy - I thought it sounded strange as well, but General Counsel mentioned this to me and again I am not familiar with California.

    John- Thank you, as you have confirmed what I needed.  Much appreciated.

    Best,



    ------------------------------
    Anna Simons
    TCS Organization
    asimons@tcsedsystem.edu
    ------------------------------