||2008 Tax Year
Publication 561 - Main Contents
What Is Fair Market Value (FMV)?
To figure how much you may deduct for property that you contribute, you must first determine its fair market value on the
date of the contribution.
Fair market value.
Fair market value (FMV) is the price that property would sell for on the open market. It is the price that would be
agreed on between a willing
buyer and a willing seller, with neither being required to act, and both having reasonable knowledge of the relevant facts.
If you put a restriction
on the use of property you donate, the FMV must reflect that restriction.
If you give used clothing to the Salvation Army, the FMV would be the price that typical buyers actually pay for clothing
of this age, condition,
style, and use. Usually, such items are worth far less than what you paid for them.
If you donate land and restrict its use to agricultural purposes, you must value the land at its value for agricultural purposes,
even though it
would have a higher FMV if it were not restricted.
In making and supporting the valuation of property, all factors affecting value are relevant and must be considered.
The cost or selling price of the item,
Sales of comparable properties,
Replacement cost, and
Opinions of experts.
These factors are discussed later. Also, see Table 1
for a summary of questions to ask as you consider each factor.
Date of contribution.
Ordinarily, the date of a contribution is the date that the transfer of the property takes place.
If you deliver, without any conditions, a properly endorsed stock certificate to a qualified organization or to an
agent of the organization, the
date of the contribution is the date of delivery. If the certificate is mailed and received through the regular mail, it is
the date of mailing. If
you deliver the certificate to a bank or broker acting as your agent or to the issuing corporation or its agent, for transfer
into the name of the
organization, the date of the contribution is the date the stock is transferred on the books of the corporation.
If you grant an option to a qualified organization to buy real property, you have not made a charitable contribution
until the organization
exercises the option. The amount of the contribution is the FMV of the property on the date the option is exercised minus
the exercise price.
You grant an option to a local university, which is a qualified organization, to buy real property. Under the option, the
university could buy the
property at any time during a 2-year period for $40,000. The FMV of the property on the date the option is granted is $50,000.
In the following tax year, the university exercises the option. The FMV of the property on the date the option is exercised
is $55,000. Therefore,
you have made a charitable contribution of $15,000 ($55,000, the FMV, minus $40,000, the exercise price) in the tax year the
option is exercised.
Determining Fair Market Value
Determining the value of donated property would be a simple matter if you could rely only on fixed formulas, rules, or methods.
Usually it is not
that simple. Using such formulas, etc., seldom results in an acceptable determination of FMV. There is no single formula that
always applies when
determining the value of property.
This is not to say that a valuation is only guesswork. You must consider all the facts and circumstances connected with the
property, such as its
desirability, use, and scarcity.
For example, donated furniture should not be evaluated at some fixed rate such as 15% of the cost of new replacement furniture.
When the furniture
is contributed, it may be out of style or in poor condition, therefore having little or no market value. On the other hand,
it may be an antique, the
value of which could not be determined by using any formula.
Cost or Selling Price of the Donated Property
The cost of the property to you or the actual selling price received by the qualified organization may be the best indication
of its FMV. However,
because conditions in the market change, the cost or selling price of property may have less weight if the property was not
bought or sold reasonably
close to the date of contribution.
The cost or selling price is a good indication of the property's value if:
The purchase or sale took place close to the valuation date in an open market,
The purchase or sale was at “arm's-length,”
The buyer and seller knew all relevant facts,
The buyer and seller did not have to act, and
The market did not change between the date of purchase or sale and the valuation date.
Tom Morgan, who is not a dealer in gems, bought an assortment of gems for $5,000 from a promoter. The promoter claimed that
the price was
“wholesale” even though he and other dealers made similar sales at similar prices to other persons who were not dealers. The promoter
if Tom kept the gems for more than 1 year and then gave them to charity, Tom could claim a charitable deduction of $15,000,
which, according to the
promoter, would be the value of the gems at the time of contribution. Tom gave the gems to a qualified charity 13 months after
The selling price for these gems had not changed from the date of purchase to the date he donated them to charity. The best
evidence of FMV depends
on actual transactions and not on some artificial estimate. The $5,000 charged Tom and others is, therefore, the best evidence
of the maximum FMV of
Terms of the purchase or sale.
The terms of the purchase or sale should be considered in determining FMV if they influenced the price. These terms
include any restrictions,
understandings, or covenants limiting the use or disposition of the property.
Rate of increase or decrease in value.
Unless you can show that there were unusual circumstances, it is assumed that the increase or decrease in the value
of your donated property from
your cost has been at a reasonable rate. For time adjustments, an appraiser may consider published price indexes for information
on general price
trends, building costs, commodity costs, securities, and works of art sold at auction in arm's-length sales.
Bill Brown bought a painting for $10,000. Thirteen months later he gave it to an art museum, claiming a charitable deduction
of $15,000 on his tax
return. The appraisal of the painting should include information showing that there were unusual circumstances that justify
a 50% increase in value
for the 13 months Bill held the property.
An arm's-length offer to buy the property close to the valuation date may help to prove its value if the person making
the offer was willing and
able to complete the transaction. To rely on an offer, you should be able to show proof of the offer and the specific amount
to be paid. Offers to buy
property other than the donated item will help to determine value if the other property is reasonably similar to the donated
Sales of Comparable Properties
The sales prices of properties similar to the donated property are often important in determining the FMV. The weight to be
given to each sale
depends on the following.
The degree of similarity between the property sold and the donated property.
The time of the sale—whether it was close to the valuation date.
The circumstances of the sale—whether it was at arm's-length with a knowledgeable buyer and seller, with neither having to
The conditions of the market in which the sale was made—whether unusually inflated or deflated.
The comparable sales method of valuing real estate is explained later under Valuation of Various Kinds of Property.
Mary Black, who is not a book dealer, paid a promoter $10,000 for 500 copies of a single edition of a modern translation of
the Bible. The promoter
had claimed that the price was considerably less than the “retail” price, and gave her a statement that the books had a total retail value of
$30,000. The promoter advised her that if she kept the Bibles for more than 1 year and then gave them to a qualified organization,
she could claim a
charitable deduction for the “retail” price of $30,000. Thirteen months later she gave all the Bibles to a church that she selected from a list
provided by the promoter. At the time of her donation, wholesale dealers were selling similar quantities of Bibles to the
general public for $10,000.
The FMV of the Bibles is $10,000, the price at which similar quantities of Bibles were being sold to others at the time of
The facts are the same as in Example 1, except that the promoter gave Mary Black a second option. The promoter said that if
Mary wanted a
charitable deduction within 1 year of the purchase, she could buy the 500 Bibles at the “retail” price of $30,000, paying only $10,000 in cash
and giving a promissory note for the remaining $20,000. The principal and interest on the note would not be due for 12 years.
According to the
promoter, Mary could then, within 1 year of the purchase, give the Bibles to a qualified organization and claim the full $30,000
retail price as a
charitable contribution. She purchased the Bibles under the second option and, 3 months later, gave them to a church, which
will use the books for
At the time of the gift, the promoter was selling similar lots of Bibles for either $10,000 or $30,000. The difference between
the two prices was
solely at the discretion of the buyer. The promoter was a willing seller for $10,000. Therefore, the value of Mary's contribution
of the Bibles is
$10,000, the amount at which similar lots of Bibles could be purchased from the promoter by members of the general public.
The cost of buying, building, or manufacturing property similar to the donated item should be considered in determining FMV.
However, there must be
a reasonable relationship between the replacement cost and the FMV.
The replacement cost is the amount it would cost to replace the donated item on the valuation date. Often there is no relationship
replacement cost and the FMV. If the supply of the donated property is more or less than the demand for it, the replacement
cost becomes less
To determine the replacement cost of the donated property, find the “estimated replacement cost new.” Then subtract from this figure an amount
for depreciation due to the physical condition and obsolescence of the donated property. You should be able to show the relationship
depreciated replacement cost and the FMV, as well as how you arrived at the “estimated replacement cost new.”
Generally, the weight given to an expert's opinion on matters such as the authenticity of a coin or a work of art, or the
most profitable and best
use of a piece of real estate, depends on the knowledge and competence of the expert and the thoroughness with which the opinion
is supported by
experience and facts. For an expert's opinion to deserve much weight, the facts must support the opinion. For additional information,
Table 1. Factors That Affect FMV
|IF the factor you are considering is...
||THEN you should ask these questions...
cost or selling price
Was the purchase or sale of the property reasonably close to the date of contribution?
Was any increase or decrease in value, as compared to your cost, at a reasonable rate?
Do the terms of purchase or sale limit what can be done with the property?
Was there an arm's-length offer to buy the property close to the valuation date?
sales of comparable properties
How similar is the property sold to the property donated?
How close is the date of sale to the valuation date?
Was the sale at arm's-length?
What was the condition of the market at the time of sale?
What would it cost to replace the donated property?
Is there a reasonable relationship between replacement cost and FMV?
Is the supply of the donated property more or less than the demand for it?
opinions of experts
Is the expert knowledgeable and competent?
Is the opinion thorough and supported by facts and experience?
Problems in Determining Fair Market Value
There are a number of problems in determining the FMV of donated property.
Unusual Market Conditions
The sale price of the property itself in an arm's-length transaction in an open market is often the best evidence of its value.
When you rely on
sales of comparable property, the sales must have been made in an open market. If those sales were made in a market that was
artificially supported or
stimulated so as not to be truly representative, the prices at which the sales were made will not indicate the FMV.
For example, liquidation sale prices usually do not indicate the FMV. Also, sales of stock under unusual circumstances, such
as sales of small
lots, forced sales, and sales in a restricted market, may not represent the FMV.
Selection of Comparable Sales
Using sales of comparable property is an important method for determining the FMV of donated property. However, the amount
of weight given to a
sale depends on the degree of similarity between the comparable and the donated properties. The degree of similarity must
be close enough so that this
selling price would have been given consideration by reasonably well-informed buyers or sellers of the property.
You give a rare, old book to your former college. The book is a third edition and is in poor condition because of a missing
back cover. You
discover that there was a sale for $300, near the valuation date, of a first edition of the book that was in good condition.
Although the contents are
the same, the books are not at all similar because of the different editions and their physical condition. Little consideration
would be given to the
selling price of the $300 property by knowledgeable buyers or sellers.
You may not consider unexpected events happening after your donation of property in making the valuation. You may consider
only the facts known at
the time of the gift, and those that could be reasonably expected at the time of the gift.
You give farmland to a qualified charity. The transfer provides that your mother will have the right to all income and full
use of the property for
her life. Even though your mother dies 1 week after the transfer, the value of the property on the date it is given is its
present value, subject to
the life interest as estimated from actuarial tables. You may not take a higher deduction because the charity received full
use and possession of the
land only 1 week after the transfer.
Using Past Events to Predict the Future
A common error is to rely too much on past events that do not fairly reflect the probable future earnings and FMV.
You give all your rights in a successful patent to your favorite charity. Your records show that before the valuation date
there were three stages
in the patent's history of earnings. First, there was rapid growth in earnings when the invention was introduced. Then, there
was a period of high
earnings when the invention was being exploited. Finally, there was a decline in earnings when competing inventions were introduced.
history of earnings may be relevant in estimating the future earnings. However, the appraiser must not rely too much on the
stage of rapid growth in
earnings, or of high earnings. The market conditions at those times do not represent the condition of the market at the valuation
date. What is most
significant is the trend of decline in earnings up to the valuation date. For more information about donations of patents,
Valuation of Various Kinds of Property
This section contains information on determining the FMV of ordinary kinds of donated property. For information on appraisals,
The FMV of used household goods, such as furniture, appliances, and linens, is usually much lower than the price paid when
new. Such used property
may have little or no market value because of its worn condition. It may be out of style or no longer useful.
You cannot take a deduction for household goods donated after August 17, 2006, unless they are in good used condition or better.
A household good
that is not in good used condition or better for which you take a deduction of more than $500 requires a qualified appraisal.
See Deduction over
$500 for certain clothing or household items, later.
If the property is valuable because it is old or unique, see the discussion under Paintings, Antiques, and Other Objects of Art.
Used clothing and other personal items are usually worth far less than the price you paid for them. Valuation of items of
clothing does not lend
itself to fixed formulas or methods.
The price that buyers of used items actually pay in used clothing stores, such as consignment or thrift shops, is an indication
of the value.
You cannot take a deduction for clothing donated after August 17, 2006, unless it is in good used condition or better. An
item of clothing that is
not in good used condition or better for which you take a deduction of more than $500 requires a qualified appraisal. See
Deduction over $500 for
certain clothing or household items, later.
For valuable furs or very expensive gowns, a Form 8283 may have to be sent with your tax return.
Jewelry and gems are of such a specialized nature that it is almost always necessary to get an appraisal by a specialized
jewelry appraiser. The
appraisal should describe, among other things, the style of the jewelry, the cut and setting of the gem, and whether it is
now in fashion. If not in
fashion, the possibility of having the property redesigned, recut, or reset should be reported in the appraisal. The stone's
coloring, weight, cut,
brilliance, and flaws should be reported and analyzed. Sentimental personal value has no effect on FMV. But if the jewelry
was owned by a famous
person, its value might increase.
Paintings, Antiques, and Other Objects of Art
Your deduction for contributions of paintings, antiques, and other objects of art, should be supported by a written appraisal
from a qualified and
reputable source, unless the deduction is $5,000 or less. Examples of information that should be included in appraisals of
in particular—are found later under Qualified Appraisal.
Art valued at $20,000 or more.
If you claim a deduction of $20,000 or more for donations of art, you must attach a complete copy of the signed appraisal
to your return. For
individual objects valued at $20,000 or more, a photograph of a size and quality fully showing the object, preferably an 8
x 10 inch color photograph
or a color transparency no smaller than 4 x 5 inches, must be provided upon request.
Art valued at $50,000 or more.
If you donate an item of art that has been appraised at $50,000 or more, you can request a Statement of Value for
that item from the IRS. You must
request the statement before filing the tax return that reports the donation. Your request must include the following.
A copy of a qualified appraisal of the item. See Qualified Appraisal, later.
A $2,500 check or money order payable to the Internal Revenue Service for the user fee that applies to your request regarding
one, two, or
three items of art. Add $250 for each item in excess of three.
A completed Form 8283, Section B.
The location of the IRS territory that has examination responsibility for your return.
If your request lacks essential information, you will be notified and given 30 days to provide the missing information.
Send your request to:
Internal Revenue Service
Attention: Art Appraisal (C:AP:ART)
P.O. Box 27720
Washington, DC 20038
You can withdraw your request for a Statement of Value at any time before it is issued. However, the IRS will not
refund the user fee if you do.
If the IRS declines to issue a Statement of Value in the interest of efficient tax administration, the IRS will refund
the user fee.
The authenticity of the donated art must be determined by the appraiser.
Important items in the valuation of antiques and art are physical condition and extent of restoration. These have
a significant effect on the value
and must be fully reported in an appraisal. An antique in damaged condition, or lacking the “original brasses,
” may be worth much less than a
similar piece in excellent condition.
More weight will usually be given to an appraisal prepared by an individual specializing in the kind and price range
of the art being appraised.
Certain art dealers or appraisers specialize, for example, in old masters, modern art, bronze sculpture, etc. Their opinions
on the authenticity and
desirability of such art would usually be given more weight than the opinions of more generalized art dealers or appraisers.
They can report more
recent comparable sales to support their opinion.
To identify and locate experts on unique, specialized items or collections, you may wish to use the current Official
Museum Directory of the
American Association of Museums. It lists museums both by state and by category.
To help you locate a qualified appraiser for your donation, you may wish to ask an art historian at a nearby college
or the director or curator of
a local museum. The Yellow Pages often list specialized art and antique dealers, auctioneers, and art appraisers. You may
be able to find a qualified
appraiser on the Internet. You may also contact associations of dealers for guidance.
Since many kinds of hobby collections may be the subject of a charitable donation, it is not possible to discuss all of the
in this publication. Most common are rare books, autographs, sports memorabilia, dolls, manuscripts, stamps, coins, guns,
phonograph records, and
natural history items. Many of the elements of valuation that apply to paintings and other objects of art, discussed earlier,
also apply to
Publications available to help you determine the value of many kinds of collections include catalogs, dealers' price
lists, and specialized hobby
periodicals. When using one of these price guides, you must use the current edition at the date of contribution. However,
these sources are not always
reliable indicators of FMV and should be supported by other evidence.
For example, a dealer may sell an item for much less than is shown on a price list, particularly after the item has
remained unsold for a long
time. The price an item sold for in an auction may have been the result of a rigged sale or a mere bidding duel. The appraiser
must analyze the
reference material, and recognize and make adjustments for misleading entries. If you are donating a valuable collection,
you should get an appraisal.
If your donation appears to be of little value, you may be able to make a satisfactory valuation using reference materials
available at a state, city,
college, or museum library.
Most libraries have catalogs or other books that report the publisher's estimate of values. Generally, two price levels
are shown for each stamp:
the price postmarked and the price not postmarked. Stamp dealers generally know the value of their merchandise and are able
to prepare satisfactory
appraisals of valuable collections.
Many catalogs and other reference materials show the writer's or publisher's opinion of the value of coins on or near
the date of the publication.
Like many other collectors' items, the value of a coin depends on the demand for it, its age, and its rarity. Another important
factor is the coin's
condition. For example, there is a great difference in the value of a coin that is in mint condition and a similar coin that
is only in good
Catalogs usually establish a category for coins, based on their physical condition—mint or uncirculated, extremely
fine, very fine, fine,
very good, good, fair, or poor—with a different valuation for each category.
The value of books is usually determined by selecting comparable sales and adjusting the prices according to the differences
between the comparable
sales and the item being evaluated. This is difficult to do and, except for a collection of little value, should be done by
a specialized appraiser.
Within the general category of literary property, there are dealers who specialize in certain areas, such as Americana, foreign
imports, Bibles, and
Modest value of collection.
If the collection you are donating is of modest value, not requiring a written appraisal, the following information
may help you in determining the
A book that is very old, or very rare, is not necessarily valuable. There are many books that are very old or rare,
but that have little or no
Condition of book.
The condition of a book may have a great influence on its value. Collectors are interested in items that are in fine,
or at least good, condition.
When a book has a missing page, a loose binding, tears, stains, or is otherwise in poor condition, its value is greatly lowered.
Some other factors in the valuation of a book are the kind of binding (leather, cloth, paper), page edges, and illustrations
photographs). Collectors usually want first editions of books. However, because of changes or additions, other editions are
sometimes worth as much
as, or more than, the first edition.
Manuscripts, autographs, diaries, and similar items.
When these items are handwritten, or at least signed by famous people, they are often in demand and are valuable.
The writings of unknowns also may
be of value if they are of unusual historical or literary importance. Determining the value of such material is difficult.
For example, there may be a
great difference in value between two diaries that were kept by a famous person—one kept during childhood and the other during
a later period in
his or her life. The appraiser determines a value in these cases by applying knowledge and judgment to such factors as comparable
Signatures, or sets of signatures, that were cut from letters or other papers usually have little or no value. But
complete sets of the signatures
of U.S. presidents are in demand.
Cars, Boats, and Aircraft
If you donate a car, a boat, or an aircraft to a charitable organization, its FMV must be determined.
Certain commercial firms and trade organizations publish monthly or seasonal guides for different regions of the country,
dealer sale prices or dealer average prices for recent model years. Prices are reported for each make, model, and year. These
guides also provide
estimates for adjusting for unusual equipment, unusual mileage, and physical condition. The prices are not “official,” and these publications are
not considered an appraisal of any specific donated property. But they do provide clues for making an appraisal and suggest
relative prices for
comparison with current sales and offerings in your area.
These publications are sometimes available from public libraries or at a bank, credit union, or finance company. You can also
information about used cars on the Internet.
An acceptable measure of the FMV of a donated car, boat, or airplane is an amount not in excess of the price listed in a used
vehicle pricing guide
for a private party sale, not the dealer retail value, of a similar vehicle. However, the FMV may be less than that amount
if the vehicle has engine
trouble, body damage, high mileage, or any type of excessive wear. The FMV of a donated vehicle is the same as the price listed
in a used vehicle
pricing guide for a private party sale only if the guide lists a sales price for a vehicle that is the same make, model, and
year, sold in the same
area, in the same condition, with the same or similar options or accessories, and with the same or similar warranties as the
You donate a used car in poor condition to a local high school for use by students studying car repair. A used car guide shows
the dealer retail
value for this type of car in poor condition is $1,600. However, the guide shows the price for a private party sale of the
car is only $750. The FMV
of the car is considered to be no more than $750.
Except for inexpensive small boats, the valuation of boats should be based on an appraisal by a marine surveyor because
the physical condition is
so critical to the value.
Your deduction for a donated car, boat, or airplane generally is limited to the gross proceeds from its sale by the
qualified organization. This
rule applies if the claimed value of the donated vehicle is more than $500. In certain cases, you can deduct the vehicle's
FMV. For details, see
If you donate any inventory item to a charitable organization, the amount of your deductible contribution generally is the
FMV of the item, minus
any gain you would have realized if you had sold the item at its FMV on the date of the gift. For more information, see Publication
To determine the FMV of a patent, you must take into account, among other factors:
Whether the patented technology has been made obsolete by other technology;
Any restrictions on the donee's use of, or ability to transfer, the patented technology; and
The length of time remaining before the patent expires.
However, your deduction for a donation of a patent or other intellectual property is its FMV, minus any gain you would have
realized if you had
sold the property at its FMV on the date of the gift. Generally, this means your deduction is the lesser of the property's
FMV or its basis. For
details, see Publication 526.
The value of stocks and bonds is the FMV of a share or bond on the valuation date. See Date of contribution, earlier, under What Is
Fair Market Value (FMV).
Selling prices on valuation date.
If there is an active market for the contributed stocks or bonds on a stock exchange, in an over-the-counter market,
or elsewhere, the FMV of each
share or bond is the average price between the highest and lowest quoted selling prices on the valuation date. For example,
if the highest selling
price for a share was $11, and the lowest $9, the average price is $10. You get the average price by adding $11 and $9 and
dividing the sum by 2.
No sales on valuation date.
If there were no sales on the valuation date, but there were sales within a reasonable period before and after the
valuation date, you determine
FMV by taking the average price between the highest and lowest sales prices on the nearest date before and on the nearest
date after the valuation
date. Then you weight these averages in inverse order by the respective number of trading days between the selling dates and
the valuation date.
On the day you gave stock to a qualified organization, there were no sales of the stock. Sales of the stock nearest
the valuation date took place
two trading days before the valuation date at an average selling price of $10 and three trading days after the valuation date
at an average selling
price of $15. The FMV on the valuation date was $12, figured as follows:
[(3 x $10)
(2 x $15)]
|Listings on more than one stock exchange.
Stocks or bonds listed on more than one stock exchange are valued based on the prices of the exchange on which they
are principally dealt. This
applies if these prices are published in a generally available listing or publication of general circulation. If this is not
applicable, and the
stocks or bonds are reported on a composite listing of combined exchanges in a publication of general circulation, use the
composite list. See also
Unavailable prices or closely held corporation,
Bid and asked prices on valuation date.
If there were no sales within a reasonable period before and after the valuation date, the FMV is the average price
between the bona fide bid and
asked prices on the valuation date.
Although there were no sales of Blue Corporation stock on the valuation date, bona fide bid and asked prices were available
on that date of $14 and
$16, respectively. The FMV is $15, the average price between the bid and asked prices.
No prices on valuation date.
If there were no prices available on the valuation date, you determine FMV by taking the average prices between the
bona fide bid and asked prices
on the closest trading date before and after the valuation date. Both dates must be within a reasonable period. Then you weight
these averages in
inverse order by the respective number of trading days between the bid and asked dates and the valuation date.
On the day you gave stock to a qualified organization, no prices were available. Bona fide bid and asked prices 3 days before
the valuation date
were $10 and 2 days after the valuation date were $15. The FMV on the valuation date is $13, figured as follows:
[(2 x $10)
(3 x $15)]
Prices only before or after valuation date, but not both.
If no selling prices or bona fide bid and asked prices are available on a date within a reasonable period before the
valuation date, but are
available on a date within a reasonable period after the valuation date, or vice versa, then the average price between the
highest and lowest of such
available prices may be treated as the value.
Large blocks of stock.
When a large block of stock is put on the market, it may lower the selling price of the stock if the supply is greater
than the demand. On the
other hand, market forces may exist that will afford higher prices for large blocks of stock. Because of the many factors
to be considered,
determining the value of large blocks of stock usually requires the help of experts specializing in underwriting large quantities
of securities, or in
trading in the securities of the industry of which the particular company is a part.
Unavailable prices or closely held corporation.
If selling prices or bid and asked prices are not available, or if securities of a closely held corporation are involved,
determine the FMV by
considering the following factors.
For bonds, the soundness of the security, the interest yield, the date of maturity, and other relevant factors.
For shares of stock, the company's net worth, prospective earning power and dividend-paying capacity, and other relevant factors.
Other relevant factors include:
The nature and history of the business, especially its recent history,
The goodwill of the business,
The economic outlook in the particular industry,
The company's position in the industry, its competitors, and its management, and
The value of securities of corporations engaged in the same or similar business.
For preferred stock, the most important factors are its yield, dividend coverage, and protection of its liquidation preference.
You should keep complete financial and other information on which the valuation is based. This includes copies of
reports of examinations of the
company made by accountants, engineers, or any technical experts on or close to the valuation date.
Some classes of stock cannot be traded publicly because of restrictions imposed by the Securities and Exchange Commission,
or by the corporate
charter or a trust agreement. These restricted securities usually trade at a discount in relation to freely traded securities.
To arrive at the FMV of restricted securities, factors that you must consider include the resale provisions found
in the restriction agreements,
the relative negotiating strengths of the buyer and seller, and the market experience of freely traded securities of the same
class as the restricted
Because each piece of real estate is unique and its valuation is complicated, a detailed appraisal by a professional appraiser
The appraiser must be thoroughly trained in the application of appraisal principles and theory. In some instances the opinions
of equally qualified
appraisers may carry unequal weight, such as when one appraiser has a better knowledge of local conditions.
The appraisal report must contain a complete description of the property, such as street address, legal description, and lot
and block number, as
well as physical features, condition, and dimensions. The use to which the property is put, zoning and permitted uses, and
its potential use for other
higher and better uses are also relevant.
In general, there are three main approaches to the valuation of real estate. An appraisal may require the combined use of
two or three methods
rather than one method only.
The comparable sales method compares the donated property with several similar properties that have been sold. The selling
adjustments for differences in date of sale, size, condition, and location, would then indicate the estimated FMV of the donated
If the comparable sales method is used to determine the value of unimproved real property (land without significant buildings,
structures, or any
other improvements that add to its value), the appraiser should consider the following factors when comparing the potential
comparable property and
the donated property:
Location, size, and zoning or use restrictions,
Accessibility and road frontage, and available utilities and water rights,
Riparian rights (right of access to and use of the water by owners of land on the bank of a river) and existing easements,
Soil characteristics, vegetative cover, and status of mineral rights, and
Other factors affecting value.
For each comparable sale, the appraisal must include the names of the buyer and seller, the deed book and page number, the
date of sale and selling
price, a property description, the amount and terms of mortgages, property surveys, the assessed value, the tax rate, and
the assessor's appraised
The comparable selling prices must be adjusted to account for differences between the sale property and the donated property.
of opinion may arise between appraisers as to the degree of comparability and the amount of the adjustment considered necessary
purposes, an appraiser should document each item of adjustment.
Only comparable sales having the least adjustments in terms of items and/or total dollar adjustments should be considered
as comparable to the
2. Capitalization of Income
This method capitalizes the net income from the property at a rate that represents a fair return on the particular investment
at the particular
time, considering the risks involved. The key elements are the determination of the income to be capitalized and the rate
3. Replacement Cost New or Reproduction Cost Minus Observed Depreciation
This method, used alone, usually does not result in a determination of FMV. Instead, it generally tends to set the upper limit
particularly in periods of rising costs, because it is reasonable to assume that an informed buyer will not pay more for the
real estate than it would
cost to reproduce a similar property. Of course, this reasoning does not apply if a similar property cannot be created because
of location, unusual
construction, or some other reason. Generally, this method serves to support the value determined from other methods. When
the replacement cost method
is applied to improved realty, the land and improvements are valued separately.
The replacement cost of a building is figured by considering the materials, the quality of workmanship, and the number of
square feet or cubic feet
in the building. This cost represents the total cost of labor and material, overhead, and profit. After the replacement cost
has been figured,
consideration must be given to the following factors:
Physical deterioration—the wear and tear on the building itself,
Functional obsolescence—usually in older buildings with, for example, inadequate lighting, plumbing, or heating, small rooms,
poor floor plan, and
Economic obsolescence—outside forces causing the whole area to become less desirable.
The FMV of any interest in a business, whether a sole proprietorship or a partnership, is the amount that a willing buyer
would pay for the
interest to a willing seller after consideration of all relevant factors. The relevant factors to be considered in valuing
the business are:
The FMV of the assets of the business,
The demonstrated earnings capacity of the business, based on a review of past and current earnings, and
The other factors used in evaluating corporate stock, if they apply.
The value of the goodwill of the business should also be taken into consideration. You should keep complete financial and
other information on
which you base the valuation. This includes copies of reports of examinations of the business made by accountants, engineers,
or any technical experts
on or close to the valuation date.
Annuities, Interests for Life or Terms of Years, Remainders, and Reversions
The value of these kinds of property is their present value, except in the case of annuities under contracts issued by companies
in their sale. The valuation of these commercial annuity contracts and of insurance policies is discussed later under Certain Life Insurance and
To determine present value, you must know the applicable interest rate and use actuarial tables.
The applicable interest rate varies. It is announced monthly in a news release and published in the Internal Revenue
Bulletin as a Revenue Ruling.
The interest rate to use is under the heading “Rate Under Section 7520
” for a given month and year. You can call the IRS office at 1-800-829-1040
to obtain this rate.
You need to refer to actuarial tables to determine a qualified interest in the form of an annuity, any interest for
life or a term of years, or any
remainder interest to a charitable organization.
Use the valuation tables set forth in IRS Publications 1457, Actuarial Values (Book Aleph), and 1458, Actuarial Values
(Book Beth). Both of these
publications provide tables containing actuarial factors to be used in determining the present value of an annuity, an interest
for life or for a term
of years, or a remainder or reversionary interest. For qualified charitable transfers, you can use the factor for the month
in which you made the
contribution or for either of the 2 months preceding that month.
Publication 1457 also contains actuarial factors for computing the value of a remainder interest in a charitable remainder
annuity trust and a
pooled income fund. Publication 1458 contains the factors for valuing the remainder interest in a charitable remainder unitrust.
You can download
Publications 1457 and 1458 from
. In addition, they are available for purchase via the
website of the U. S. Government Printing Office, by phone at (202) 512-1800, or by mail from the:
Superintendent of Documents
P.O. Box 371954
Pittsburgh, PA 15250-7954
Tables containing actuarial factors for transfers to pooled income funds may also be found in Income Tax Regulation
1.642(c)-6(e)(6), transfers to charitable remainder unitrusts in Regulation 1.664-4(e), and other transfers in Regulation
If you need a special factor for an actual transaction, you can request a letter ruling. Be sure to include the date
of birth of each person the
duration of whose life may affect the value of the interest. Also include copies of the relevant instruments. IRS charges
a user fee for providing
For more information about requesting a ruling, see Revenue Procedure 2006-1 (or annual update), 2006-1 I.R.B. 1.
Revenue Procedure 2006-1 is
For information on the circumstances under which a charitable deduction may be allowed for the donation of a partial
interest in property not in
trust, see Partial Interest in Property Not in Trust,
Certain Life Insurance and Annuity Contracts
The value of an annuity contract or a life insurance policy issued by a company regularly engaged in the sale of such contracts
or policies is the
amount that company would charge for a comparable contract.
But if the donee of a life insurance policy may reasonably be expected to cash the policy rather than hold it as an investment,
then the FMV is the
cash surrender value rather than the replacement cost.
If an annuity is payable under a combination annuity contract and life insurance policy (for example, a retirement income
policy with a death
benefit) and there was no insurance element when it was transferred to the charity, the policy is treated as an annuity contract.
Partial Interest in Property Not in Trust
Generally, no deduction is allowed for a charitable contribution, not made in trust, of less than your entire interest in
property. However, this
does not apply to a transfer of less than your entire interest if it is a transfer of:
A remainder interest in your personal residence or farm,
An undivided part of your entire interest in property, or
A qualified conservation contribution.
Remainder Interest in Real Property
The amount of the deduction for a donation of a remainder interest in real property is the FMV of the remainder interest at
the time of the
contribution. To determine this value, you must know the FMV of the property on the date of the contribution. Multiply this
value by the appropriate
factor. Publications 1457 and 1458 contain these factors.
You must make an adjustment for depreciation or depletion using the factors shown in Publication 1459, Actuarial Values (Book
Gimel). You can use
the factors for the month in which you made the contribution or for either of the two months preceding that month. See the
earlier discussion on
Annuities, Interests for Life or Terms of Years, Remainders, and Reversions. You can download Publication 1459 from
For this purpose, the term “depreciable property” means any property subject to wear and tear or obsolescence, even if not used in a trade or
business or for the production of income.
If the remainder interest includes both depreciable and nondepreciable property, for example a house and land, the FMV must
be allocated between
each kind of property at the time of the contribution. This rule also applies to a gift of a remainder interest that includes
property that is part
depletable and part not depletable. Take into account depreciation or depletion only for the property that is subject to depreciation
For more information, see section 1.170A-12 of the Income Tax Regulations.
Undivided Part of Your Entire Interest
A contribution of an undivided part of your entire interest in property must consist of a part of each and every substantial
interest or right you
own in the property. It must extend over the entire term of your interest in the property. For example, you are entitled to
the income from certain
property for your life (life estate) and you contribute 20% of that life estate to a qualified organization. You can claim
a deduction for the
contribution if you do not have any other interest in the property. To figure the value of a contribution involving a partial
If the only interest you own in real property is a remainder interest and you transfer part of that interest to a qualified
organization, see the
previous discussion on valuation of a remainder interest in real property.
Qualified Conservation Contribution
A qualified conservation contribution is a contribution of a qualified real property interest to a qualified organization
to be used only for
For purposes of a qualified conservation contribution, a qualified organization is:
A governmental unit,
A publicly supported charitable, religious, scientific, literary, educational, etc., organization, or
An organization that is controlled by, and operated for the exclusive benefit of, a governmental unit or a publicly supported
The organization also must have a commitment to protect the conservation purposes of the donation and must have the resources
to enforce the
Your contribution must be made only for one of the following conservation purposes.
Preserving land areas for outdoor recreation by, or for the education of, the general public.
Protecting a relatively natural habitat of fish, wildlife, or plants, or a similar ecosystem.
Preserving open space, including farmland and forest land, if it yields a significant public benefit. It must be either for
enjoyment of the general public or under a clearly defined federal, state, or local governmental conservation policy.
Preserving a historically important land area or a certified historic structure. There must be some visual public access to
Factors used in determining the type and amount of public access required include the historical significance of the property,
the remoteness or
accessibility of the site, and the extent to which intrusions on the privacy of individuals living on the property would be
Building in registered historic district.
A contribution after July 25, 2006, of a qualified real property interest that is an easement or other restriction
on the exterior of a building in
a registered historic district is deductible only if it meets all of the following three conditions.
The restriction must preserve the entire exterior of the building and must prohibit any change to the exterior of the building
inconsistent with its historical character.
You and the organization receiving the contribution must enter into a written agreement certifying, that the organization
is a qualified
organization and that it has the resources and commitment to maintain the property as donated.
If you make the contribution in a tax year beginning after August 17, 2006, you must include with your return:
A qualified appraisal,
Photographs of the building's entire exterior, and
A description of all restrictions on development of the building, such as zoning laws and restrictive covenants.
If you make this type of contribution after February 12, 2007, and claim a deduction of more than $10,000, your deduction
will not be allowed
unless you pay a $500 filing fee. See Form 8283-V, Payment Voucher for Filing Fee Under Section 170(f)(13), and its instructions.
Qualified real property interest.
This is any of the following interests in real property.
Your entire interest in real estate other than a mineral interest (subsurface oil, gas, or other minerals, and the right of
access to these
A remainder interest.
A restriction (granted in perpetuity) on the use that may be made of the real property.
A qualified real property interest described in (1) should be valued in a manner that is consistent with the type
of interest transferred. If you
transferred all the interest in the property, the FMV of the property is the amount of the contribution. If you do not transfer
the mineral interest,
the FMV of the surface rights in the property is the amount of the contribution.
If you owned only a remainder interest or an income interest (life estate), see Undivided Part of Your Entire Interest,
earlier. If you
owned the entire property but transferred only a remainder interest (item (2)), see Remainder Interest in Real Property,
In determining the value of restrictions, you should take into account the selling price in arm's-length transactions
of other properties that have
comparable restrictions. If there are no comparable sales, the restrictions are valued indirectly as the difference between
the FMVs of the property
involved before and after the grant of the restriction.
The FMV of the property before contribution of the restriction should take into account not only current use but the
likelihood that the property,
without the restriction, would be developed. You should also consider any zoning, conservation, or historical preservation
laws that would restrict
development. Granting an easement may increase, rather than reduce, the value of property, and in such a situation no deduction
would be allowed.
You own 10 acres of farmland. Similar land in the area has an FMV of $2,000 an acre. However, land in the general
area that is restricted solely to
farm use has an FMV of $1,500 an acre. Your county wants to preserve open space and prevent further development in your area.
You grant to the county an enforceable open space easement in perpetuity on 8 of the 10 acres, restricting its use
to farmland. The value of this
easement is $4,000, determined as follows:
FMV of the property before
$2,000 × 10 acres
FMV of the property after
$1,500 × 8 acres
$2,000 × 2 acres
Value of easement
If you later transfer in fee your remaining interest in the 8 acres to another qualified organization, the FMV of
your remaining interest is the
FMV of the 8 acres reduced by the FMV of the easement granted to the first organization.
For more information about qualified conservation contributions, see Publication 526.
Appraisals are not necessary for items of property for which you claim a deduction of $5,000 or less. (There is one exception,
described next, for
certain clothing and household items.) However, you generally will need an appraisal for donated property for which you claim
a deduction of more than
$5,000. There are exceptions. See Deductions of More Than $5,000, later.
The weight given an appraisal depends on the completeness of the report, the qualifications of the appraiser, and the appraiser's
knowledge of the donated property. An appraisal must give all the facts on which to base an intelligent judgment of the value
of the property.
The appraisal will not be given much weight if:
All the factors that apply are not considered,
The opinion is not supported with facts, such as purchase price and comparable sales, or
The opinion is not consistent with known facts.
The appraiser's opinion is never more valid than the facts on which it is based; without these facts it is simply a guess.
The opinion of a person claiming to be an expert is not binding on the Internal Revenue Service. All facts associated with
the donation must be
Deduction over $500 for certain clothing or household items.
You must include with your return a qualified appraisal of any single item of clothing or any household item that
is not in good used condition or
better, that you donated after August 17, 2006, and for which you deduct more than $500. See Household Goods
and Used Clothing
Cost of appraisals.
You may not take a charitable contribution deduction for fees you pay for appraisals of your donated property. However,
these fees may qualify as a
miscellaneous deduction, subject to the 2% limit, on Schedule A (Form 1040) if paid to determine the amount allowable as a
Deductions of More Than $5,000
Generally, if the claimed deduction for an item or group of similar items of donated property is more than $5,000, you must
get a qualified
appraisal made by a qualified appraiser, and you must attach Section B of Form 8283 to your tax return. There are exceptions,
discussed later. You
should keep the appraiser's report with your written records. Records are discussed in Publication 526.
The phrase “similar items” means property of the same generic category or type (whether or not donated to the same donee), such as stamp
collections, coin collections, lithographs, paintings, photographs, books, nonpublicly traded stock, nonpublicly traded securities
nonpublicly traded stock, land, buildings, clothing, jewelry, furniture, electronic equipment, household appliances, toys,
china, crystal, or silver. For example, if you give books to three schools and you deduct $2,000, $2,500, and $900, respectively,
deduction is more than $5,000 for these books. You must get a qualified appraisal of the books and for each school you must
attach a fully completed
Form 8283, Section B, to your tax return.
You do not need an appraisal if the property is:
Nonpublicly traded stock of $10,000 or less,
A vehicle (including a car, boat, or airplane) for which your deduction is limited to the gross proceeds from its sale,
Qualified intellectual property, such as a patent,
Certain publicly traded securities described next,
Inventory and other property donated by a corporation that are “qualified contributions” for the care of the ill, the needy, or
infants, within the meaning of section 170(e)(3)(A) of the Internal Revenue Code, or
Stock in trade, inventory, or property held primarily for sale to customers in the ordinary course of your trade or business.
Although an appraisal is not required for the types of property just listed, you must provide certain information
about a donation of any of these
types of property on Form 8283.
Publicly traded securities.
Even if your claimed deduction is more than $5,000, neither a qualified appraisal nor Section B of Form 8283 is required
for publicly traded
securities that are:
Listed on a stock exchange in which quotations are published on a daily basis,
Regularly traded in a national or regional over-the-counter market for which published quotations are available, or
Shares of an open-end investment company (mutual fund) for which quotations are published on a daily basis in a newspaper
circulation throughout the United States.
Publicly traded securities that meet these requirements must be reported on Form 8283, Section A.
A qualified appraisal is not required, but Form 8283, Section B, Parts I and IV, must be completed, for an issue of
a security that does not meet
the requirements just listed but does meet these requirements:
The issue is regularly traded during the computation period (defined later) in a market for which there is an “interdealer quotation
system” (defined later),
The issuer or agent computes the “average trading price” (defined later) for the same issue for the computation period,
The average trading price and total volume of the issue during the computation period are published in a newspaper of general
throughout the United States, not later than the last day of the month following the end of the calendar quarter in which
the computation period
The issuer or agent keeps books and records that list for each transaction during the computation period the date of settlement
transaction, the name and address of the broker or dealer making the market in which the transaction occurred, and the trading
price and volume,
The issuer or agent permits the Internal Revenue Service to review the books and records described in item (4) with respect
during the computation period upon receiving reasonable notice.
An interdealer quotation system is any system of general circulation to brokers and dealers that regularly disseminates
quotations of obligations
by two or more identified brokers or dealers who are not related to either the issuer or agent who computes the average trading
price of the security.
A quotation sheet prepared and distributed by a broker or dealer in the regular course of business and containing only quotations
of that broker or
dealer is not an interdealer quotation system.
The average trading price is the average price of all transactions (weighted by volume), other than original issue
or redemption transactions,
conducted through a United States office of a broker or dealer who maintains a market in the issue of the security during
the computation period. Bid
and asked quotations are not taken into account.
The computation period is weekly during October through December and monthly during January through September. The
weekly computation periods
during October through December begin with the first Monday in October and end with the first Sunday following the last Monday
Nonpublicly traded stock.
If you contribute nonpublicly traded stock, for which you claim a deduction of $10,000 or less, a qualified appraisal
is not required. However, you
must attach Form 8283 to your tax return, with Section B, Parts I and IV, completed.
Deductions of More Than $500,000
If you claim a deduction of more than $500,000 for a donation of property, you must attach a qualified appraisal of the property
to your return.
This does not apply to contributions of cash, inventory, publicly traded stock, or intellectual property.
If you do not attach the appraisal, you cannot deduct your contribution, unless your failure to attach the appraisal is due
to reasonable cause and
not to willful neglect.
Generally, if the claimed deduction for an item or group of similar items of donated property is more than $5,000, you must
get a qualified
appraisal made by a qualified appraiser. You must also complete Form 8283, Section B, and attach it to your tax return. See
Deductions of More
Than $5,000, earlier.
A qualified appraisal is an appraisal document that:
Is made, signed, and dated by a qualified appraiser (defined later) in accordance with generally accepted appraisal standards,
Meets the relevant requirements of Regulations section 1.170A-13(c)(3) and Notice 2006-96, 2006-46 I.R.B. 902 (available at
Relates to an appraisal made not earlier than 60 days before the date of contribution of the appraised property,
Does not involve a prohibited appraisal fee, and
Includes certain information (covered later).
You must receive the qualified appraisal before the due date, including extensions, of the return on which a charitable contribution
first claimed for the donated property. If the deduction is first claimed on an amended return, the qualified appraisal must
be received before the
date on which the amended return is filed.
Form 8283, Section B, must be attached to your tax return. Generally, you do not need to attach the qualified appraisal itself,
but you should keep
a copy as long as it may be relevant under the tax law. There are four exceptions.
If you claim a deduction of $20,000 or more for donations of art, you must attach a complete copy of the appraisal. See Paintings,
Antiques, and Other Objects of Art, earlier.
If you claim a deduction of more than $500,000 for a donation of property, you must attach the appraisal. See Deductions of More Than
If you claim a deduction of more than $500 for an article of clothing, or a household item, that is not in good used condition
that you donated after August 17, 2006, you must attach the appraisal. See Deduction over $500 for certain clothing or household items,
If you claim a deduction in a tax year beginning after August 17, 2006, for an easement or other restriction on the exterior
of a building
in a historic district, you must attach the appraisal. See Building in registered historic district, earlier.
Prohibited appraisal fee.
Generally, no part of the fee arrangement for a qualified appraisal can be based on a percentage of the appraised
value of the property. If a fee
arrangement is based on what is allowed as a deduction, after Internal Revenue Service examination or otherwise, it is treated
as a fee based on a
percentage of appraised value. However, appraisals are not disqualified when an otherwise prohibited fee is paid to a generally
that regulates appraisers if:
The association is not organized for profit and no part of its net earnings benefits any private shareholder or individual,
The appraiser does not receive any compensation from the association or any other persons for making the appraisal, and
The fee arrangement is not based in whole or in part on the amount of the appraised value that is allowed as a deduction after
Revenue Service examination or otherwise.
Information included in qualified appraisal.
A qualified appraisal must include the following information:
A description of the property in sufficient detail for a person who is not generally familiar with the type of property to
the property appraised is the property that was (or will be) contributed,
The physical condition of any tangible property,
The date (or expected date) of contribution,
The terms of any agreement or understanding entered into (or expected to be entered into) by or on behalf of the donor that
relates to the
use, sale, or other disposition of the donated property, including, for example, the terms of any agreement or understanding
Temporarily or permanently restricts a donee's right to use or dispose of the donated property,
Earmarks donated property for a particular use, or
Reserves to, or confers upon, anyone (other than a donee organization or an organization participating with a donee organization
cooperative fundraising) any right to the income from the donated property or to the possession of the property, including
the right to vote donated
securities, to acquire the property by purchase or otherwise, or to designate the person having the income, possession, or
right to acquire the
The name, address, and taxpayer identification number of the qualified appraiser and, if the appraiser is a partner, an employee,
independent contractor engaged by a person other than the donor, the name, address, and taxpayer identification number of
the partnership or the
person who employs or engages the appraiser,
The qualifications of the qualified appraiser who signs the appraisal, including the appraiser's background, experience, education,
membership in professional appraisal associations,
A statement that the appraisal was prepared for income tax purposes,
The date (or dates) on which the property was valued,
The appraised FMV on the date (or expected date) of contribution,
The method of valuation used to determine FMV, such as the income approach, the comparable sales or market data approach,
or the replacement
cost less depreciation approach, and
The specific basis for the valuation, such as any specific comparable sales transaction.
The following are examples of information that should be included in a description of donated property. These examples
are for art objects. A
similar detailed breakdown should be given for other property. Appraisals of art objects—paintings in particular—should include
all of the
A complete description of the object, indicating the:
Name of the artist (or culture), and
Approximate date created.
The cost, date, and manner of acquisition.
A history of the item, including proof of authenticity.
A professional quality image of the object.
The facts on which the appraisal was based, such as:
Sales or analyses of similar works by the artist, particularly on or around the valuation date.
Quoted prices in dealer's catalogs of the artist's works or works of other artists of comparable stature.
A record of any exhibitions at which the specific art object had been displayed.
The economic state of the art market at the time of valuation, particularly with respect to the specific property.
The standing of the artist in his profession and in the particular school or time period.
Number of qualified appraisals.
A separate qualified appraisal is required for each item of property that is not included in a group of similar items
of property. You need only
one qualified appraisal for a group of similar items of property contributed in the same tax year, but you may get separate
appraisals for each item.
A qualified appraisal for a group of similar items must provide all of the required information for each item of similar property.
however, may provide a group description for selected items the total value of which is not more than $100.
A qualified appraiser is an individual who meets all the following requirements.
The individual either:
Has earned an appraisal designation from a recognized professional appraiser organization for demonstrated competency in valuing
the type of
property being appraised, or
Has met certain minimum education and experience requirements. For real property, the appraiser must be licensed or certified
for the type
of property being appraised in the state in which the property is located. For property other than real property, the appraiser
must have successfully
completed college or professional-level coursework relevant to the property being valued, must have at least 2 years of experience
in the trade or
business of buying, selling, or valuing the type of property being valued, and must fully describe in the appraisal his or
her qualifying education
The individual regularly prepares appraisals for which he or she is paid.
The individual demonstrates verifiable education and experience in valuing the type of property being appraised. To do this,
can make a declaration in the appraisal that, because of his or her background, experience, education, and membership in professional
or she is qualified to make appraisals of the type of property being valued.
The individual has not been prohibited from practicing before the IRS under section 330(c) of title 31 of the United States
Code at any time
during the 3-year period ending on the date of the appraisal.
The individual is not an excluded individual.
In addition, the appraiser must complete Form 8283, Section B, Part III. More than one appraiser may appraise the
property, provided that each
complies with the requirements, including signing the qualified appraisal and Form 8283, Section B, Part III.
The following persons cannot be qualified appraisers with respect to particular property.
The donor of the property, or the taxpayer who claims the deduction.
The donee of the property.
A party to the transaction in which the donor acquired the property being appraised, unless the property is donated within
2 months of the
date of acquisition and its appraised value is not more than its acquisition price. This applies to the person who sold, exchanged,
or gave the
property to the donor, or any person who acted as an agent for the transferor or donor in the transaction.
Any person employed by any of the above persons. For example, if the donor acquired a painting from an art dealer, neither
the dealer nor
persons employed by the dealer can be qualified appraisers for that painting.
Any person related under section 267(b) of the Internal Revenue Code to any of the above persons or married to a person related
section 267(b) to any of the above persons.
An appraiser who appraises regularly for a person in (1), (2), or (3), and who does not perform a majority of his or her appraisals
during his or her tax year for other persons.
In addition, a person is not a qualified appraiser for a particular donation if the donor had knowledge of facts that
would cause a reasonable
person to expect the appraiser to falsely overstate the value of the donated property. For example, if the donor and the appraiser
make an agreement
concerning the amount at which the property will be valued, and the donor knows that amount is more than the FMV of the property,
the appraiser is not
a qualified appraiser for the donation.
An appraiser who prepares an incorrect appraisal may have to pay a penalty if:
The appraiser knows or should have known the appraisal would be used in connection with a return or claim for refund, and
The appraisal results in the 20% or 40% penalty for a valuation misstatement described later under Penalty.
The penalty imposed on the appraiser is the smaller of:
The greater of:
10% of the underpayment due to the misstatement, or
125% of the gross income received for the appraisal.
In addition, any appraiser who falsely or fraudulently overstates the value of property described in a qualified appraisal
of a Form 8283 that the
appraiser has signed may be subject to a civil penalty for aiding and abetting as understatement of tax liability, and may
have his or her appraisal
Generally, if the claimed deduction for an item of donated property is more than $5,000, you must attach Form 8283 to your
tax return and complete
If you do not attach Form 8283 to your return and complete Section B, the deduction will not be allowed unless your failure
was due to reasonable
cause, and not willful neglect, or was due to a good faith omission. If the IRS requests that you submit the form because
you did not attach it to
your return, you must comply within 90 days of the request or the deduction will be disallowed.
You must attach a separate Form 8283 for each item of contributed property that is not part of a group of similar items. If
you contribute similar
items of property to the same donee organization, you need attach only one Form 8283 for those items. If you contribute similar
items of property to
more than one donee organization, you must attach a separate form for each donee.
Internal Revenue Service Review of Appraisals
In reviewing an income tax return, the Service may accept the claimed value of the donated property, based on information
or appraisals sent with
the return, or may make its own determination of FMV. In either case, the Service may:
Contact the taxpayer to get more information,
Refer the valuation problem to a Service appraiser or valuation specialist,
Refer the issue to the Commissioner's Art Advisory Panel (a group of dealers and museum directors who review and recommend
adjustment of taxpayers' claimed values for major paintings, sculptures, decorative arts, and antiques), or
Contract with an independent dealer, scholar, or appraiser to appraise the property when the objects require appraisers of
specialized experience and knowledge.
Responsibility of the Service.
The Service is responsible for reviewing appraisals, but it is not responsible for making them. Supporting the FMV
listed on your return is your
The Service does not accept appraisals without question.
Nor does the Service recognize any particular appraiser or organization of appraisers.
Timing of Service action.
The Service generally does not approve valuations or appraisals before the actual filing of the tax return to which
the appraisal applies. In
addition, the Service generally does not issue advance rulings approving or disapproving such appraisals.
For a request submitted as described earlier under Art valued at $50,000 or more,
the Service will issue a Statement of Value that can
be relied on by the donor of the item of art.
You may be liable for a penalty if you overstate the value or adjusted basis of donated property.
The penalty is 20% of the underpayment of tax related to the overstatement if:
The value or adjusted basis claimed on the return is 200% (150% for returns filed after August 17, 2006) or more of the correct
You underpaid your tax by more than $5,000 because of the overstatement.
The penalty is 40%, rather than 20%, if:
The value or adjusted basis claimed on the return is 400% (200% for returns filed after August 17, 2006) or more of the correct
You underpaid your tax by more than $5,000 because of the overstatement.
You can get help with unresolved tax issues, order free publications and forms, ask tax questions, and get information from
the IRS in several
ways. By selecting the method that is best for you, you will have quick and easy access to tax help.
Contacting your Taxpayer Advocate.
The Taxpayer Advocate Service is an independent organization within the IRS whose employees assist taxpayers who are
experiencing economic harm,
who are seeking help in resolving tax problems that have not been resolved through normal channels, or who believe that an
IRS system or procedure is
not working as it should.
You can contact the Taxpayer Advocate Service by calling toll-free 1-877-777-4778 or TTY/TDD 1-800-829-4059 to see
if you are eligible for
assistance. You can also call or write to your local taxpayer advocate, whose phone number and address are listed in your
local telephone directory
and in Publication 1546, The Taxpayer Advocate Service of the IRS - How To Get Help With Unresolved Tax Problems. You can
file Form 911, Application
for Taxpayer Assistance Order, or ask an IRS employee to complete it on your behalf. For more information, go to
Low income tax clinics (LITCs).
LITCs are independent organizations that provide low income taxpayers with representation in federal tax controversies
with the IRS for free or for
a nominal charge. The clinics also provide tax education and outreach for taxpayers with limited English proficiency or who
speak English as a second
language. Publication 4134, Low Income Taxpayer Clinic List, provides information on clinics in your area. It is available
or at your local IRS office.
Free tax services.
To find out what services are available, get Publication 910, IRS Guide to Free Tax Services. It contains a list of
free tax publications and
describes other free tax information services, including tax education and assistance programs and a list of TeleTax topics.
Internet. You can access the IRS website at
www.irs.gov 24 hours a day, 7 days a week to:
E-file your return. Find out about commercial tax preparation and e-file services available free to eligible
Check the status of your 2006 refund. Click on Where's My Refund. Wait at least 6 weeks from the date you filed your return (3
weeks if you filed electronically). Have your 2006 tax return available because you will need to know your social security
number, your filing status,
and the exact whole dollar amount of your refund.
Download forms, instructions, and publications.
Order IRS products online.
Research your tax questions online.
Search publications online by topic or keyword.
View Internal Revenue Bulletins (IRBs) published in the last few years.
Figure your withholding allowances using our withholding calculator.
Sign up to receive local and national tax news by email.
Get information on starting and operating a small business.
Phone. Many services are available by phone.
Ordering forms, instructions, and publications. Call 1-800-829-3676 to order current-year forms, instructions, and publications,
and prior-year forms and instructions. You should receive your order within 10 days.
Asking tax questions. Call the IRS with your tax questions at 1-800-829-1040.
Solving problems. You can get face-to-face help solving tax problems every business day in IRS Taxpayer Assistance Centers. An
employee can explain IRS letters, request adjustments to your account, or help you set up a payment plan. Call your local
Taxpayer Assistance Center
for an appointment. To find the number, go to
look in the phone book under United States Government, Internal Revenue Service.
TTY/TDD equipment. If you have access to TTY/TDD equipment, call 1-800-829-4059 to ask tax questions or to order forms and
TeleTax topics. Call 1-800-829-4477 to listen to pre-recorded messages covering various tax topics.
Refund information. To check the status of your 2006 refund, call 1-800-829-4477 and press 1 for automated refund information or
call 1-800-829-1954. Be sure to wait at least 6 weeks from the date you filed your return (3 weeks if you filed electronically).
Have your 2006 tax
return available because you will need to know your social security number, your filing status, and the exact whole dollar
amount of your refund.
Evaluating the quality of our telephone services. To ensure IRS representatives give accurate, courteous, and professional answers, we
use several methods to evaluate the quality of our telephone services. One method is for a second IRS representative to listen
in on or record random
telephone calls. Another is to ask some callers to complete a short survey at the end of the call.
Walk-in. Many products and services are available on a walk-in basis.
Products. You can walk in to many post offices, libraries, and IRS offices to pick up certain forms, instructions, and
publications. Some IRS offices, libraries, grocery stores, copy centers, city and county government offices, credit unions,
and office supply stores
have a collection of products available to print from a CD or photocopy from reproducible proofs. Also, some IRS offices and
libraries have the
Internal Revenue Code, regulations, Internal Revenue Bulletins, and Cumulative Bulletins available for research purposes.
Services. You can walk in to your local Taxpayer Assistance Center every business day for personal, face-to-face tax help. An
employee can explain IRS letters, request adjustments to your tax account, or help you set up a payment plan. If you need
to resolve a tax problem,
have questions about how the tax law applies to your individual tax return, or you're more comfortable talking with someone
in person, visit your
local Taxpayer Assistance Center where you can spread out your records and talk with an IRS representative face-to-face. No
appointment is necessary,
but if you prefer, you can call your local Center and leave a message requesting an appointment to resolve a tax account issue.
A representative will
call you back within 2 business days to schedule an in-person appointment at your convenience. To find the number, go to
look in the phone book under United States Government, Internal Revenue Service.
Mail. You can send your order for forms, instructions, and publications to the address below. You should receive a response within
business days after your request is received.
National Distribution Center
P.O. Box 8903
Bloomington, IL 61702-8903
CD for tax products. You can order Publication 1796, IRS Tax Products CD, and obtain:
A CD that is released twice so you have the latest products. The first release ships in January and the final release ships
Current-year forms, instructions, and publications.
Prior-year forms, instructions, and publications.
Bonus: Historical Tax Products DVD - Ships with the final release.
Tax Map: an electronic research tool and finding aid.
Tax law frequently asked questions.
Tax Topics from the IRS telephone response system.
Fill-in, print, and save features for most tax forms.
Internal Revenue Bulletins.
Toll-free and email technical support.
Buy the CD from National Technical Information Service (NTIS) at
www.irs.gov/cdorders for $25 (no handling fee) or call 1-877-CDFORMS (1-877-233-6767) toll free to buy the CD for $25 (plus a $5 handling
fee). Price is subject to change.
CD for small businesses. Publication 3207, The Small Business Resource Guide CD for 2006, is a must for every small business owner or
any taxpayer about to start a business. This year's CD includes:
Helpful information, such as how to prepare a business plan, find financing for your business, and much more.
All the business tax forms, instructions, and publications needed to successfully manage a business.
Tax law changes for 2006.
Tax Map: an electronic research tool and finding aid.
Web links to various government agencies, business associations, and IRS organizations.
“Rate the Product” survey—your opportunity to suggest changes for future editions.
A site map of the CD to help you navigate the pages of the CD with ease.
An interactive “Teens in Biz” module that gives practical tips for teens about starting their own business, creating a business plan,
and filing taxes.
An updated version of this CD is available each year in early April. You can get a free copy by calling 1-800-829-3676 or
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