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  • 1.  Real estate gift/appreciation

    Posted 11-21-2024 02:33 PM

    Hello, how do you handle gift recording/realized bequest for a real estate gift that was given decades ago, when the donor was alive, but not disposed of until now? 

    At the time, the donor had a gift in kind credit and an outstanding pledge that was expected to be fulfilled upon the sale of the property.  The donor has since passed away.  The real estate proceeds were to fund an endowed professorship. 

    Can the proceeds in excess of the originally recorded gift in kind be counted as a realized bequest? 

    To make it more tangible, let's say that the donor gave land valued at $90,000 20 years ago, and had an outstanding pledge for $10,000 that was to be fulfilled upon the sale.  For whatever reason, the institution decided not to sell the real estate until now.  It is now worth $300,000.  Can the $210K difference between $300K and $90k be counted as a realized bequest?  Had the property been liquidated 20 years ago, the endowed professorship would have been fully funded at that time. 

    If it can't be treated as a realized bequest, what, if anything, is the appropriate gift treatment for the appreciation post-gift? The donor's intent with the land gift was to support the professorship.  

    Thank you for your help!



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    Meg Tallman
    University of Delaware
    mtallman@udel.edu
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  • 2.  RE: Real estate gift/appreciation

    Posted 11-21-2024 03:05 PM
    The short answer is no - at least not in your example.

    If real estate was given to you way back when any value increases, it is YOUR investment gain. It's no different than receiving a gift of stock and selling it days or weeks later for more than the gift amount. The gift is the gift as of the day it is irrevocably given.

    The one exception is if you only recorded a bequest expectancy - not an actual property ownership transfer. In that case, CASE allows recording the difference as an additional gift (some institutions "overpay" the bequest expectancy. However, CASE only allows this if the original expectancy and the realization occur within five years. Please take a look at page 281 of the CASE Global Standards.

    However, holding onto an asset and selling it later never results in an additional gift.

    John 

    John H. Taylor, Principal
    John H. Taylor Consulting, LLC
    2604 Sevier Street
    Durham, NC     27705

    919.816.5903 (cell/text)

    Serving the Advancement Community Since 1987






  • 3.  RE: Real estate gift/appreciation

    Posted 11-22-2024 07:17 AM

    Thank you, John!



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    Meg Tallman
    University of Delaware
    mtallman@udel.edu
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