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IRS and charitable contributions

 
 
sozobe
 
Reply Wed 31 Dec, 2003 01:03 pm
I have looked on the IRS site, and wrote to them twice -- once I was told to ask somewhere else (which didn't apply) and another time I was given an "answer" which was to someone else's question (totally didn't apply, something about housing for a minister.)

Here's my question:

I am running a silent auction tonight. I am trying to figure out who can claim a deduction.

1.) The donor, for the amount the item is worth?
2.) The donor, for the amount the item is sold for?
3.) The person who buys the item at the auction, for the amount he or she paid for it?

The silent auction is to benefit a 501 (c) 3 (nonprofit) organization.

My feeling is that it is just # 2. If anyone knows for sure or can find the answer, that would be most appreciated.
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roger
 
  1  
Reply Wed 31 Dec, 2003 01:26 pm
I'll see if I have anything that applies when I get home tonight. I doubt #3 would apply. It's similar to the situation of attending a benefit performance. The entire ticket price is not deductable - only that portion above the normal cost of a similar ticket. Also, the donor is definately entitle to some deduction and #3 would permit the same item to be deducted by two people. I'm sure this wouldn't work.
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husker
 
  1  
Reply Wed 31 Dec, 2003 01:51 pm
I believe it's number 1 - like when you purchase girlscout cookies it costs you $3.50 for the cookies the actual value is less -

what you should say is:
" our organization is a nonprofit 501c3 charity we do not know how your actual taxes are affected by our generous donation and auction purchase, you should consult your tax advisor for more information."
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husker
 
  1  
Reply Wed 31 Dec, 2003 01:56 pm
Tax Reference Site
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sozobe
 
  1  
Reply Wed 31 Dec, 2003 02:04 pm
Thanks, guys.

The only one I really need to know before tonight is #3. Some people have said that -- that what they pay for items is tax-deductible. I don't think that's true, and would like to be able to say so somewhat definitively. (I'll qualify it with the "consult your tax advisor" stuff, of course, but if it IS deductible, a good selling point -- last minute before the calendar year is over. Smile )
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sozobe
 
  1  
Reply Wed 31 Dec, 2003 02:05 pm
Thanks for the reference site, Husker, I gave a quick perusal and didn't see anything that obviously applies here... if you do find that, a specific link would rock. Thanks.
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husker
 
  1  
Reply Wed 31 Dec, 2003 02:29 pm
I think and I have to look around - in the case of #3, it's the amount paid above the actual value of the item that is deductable.
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Raggedyaggie
 
  1  
Reply Wed 31 Dec, 2003 02:58 pm
A friend mentioned this Publication. It's too complicated for me, but you might get some helpful info from it. Good luck.

http://www.unclefed.com/Tax-Help/HTML/p526toc.html
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sozobe
 
  1  
Reply Wed 31 Dec, 2003 03:00 pm
Husker, that makes sense, thanks.
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husker
 
  1  
Reply Wed 31 Dec, 2003 03:07 pm
When we take donations and people ask for a reciept - unless cash - we do not assign value. As a rule we give an item description and do not assign a value. The D.A.V., Salvation Army, do the same thing when they pick-up donations - make your liability in the donation value much less. I do know that the burden of proof is on the donor, if they happend to get an audit question. There is a valuation schedule but heck if I can remember where that sucker is at.
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Raggedyaggie
 
  1  
Reply Wed 31 Dec, 2003 03:08 pm
Sozobe: Just in case you missed my post and won't mind a little more confusion, take a peek at the link I posted.
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husker
 
  1  
Reply Wed 31 Dec, 2003 03:24 pm
Quote:
Contributions From Which You Benefit

If you receive a benefit as a result of making a contribution to a qualified organization, you can deduct only the amount of your contribution that is more than the value of the benefit you receive. Also see Contributions From Which You Benefit under Contributions You Cannot Deduct, later.

If you pay more than fair market value to a qualified organization for merchandise, goods, or services, the amount you pay that is more than the value of the item can be a charitable contribution. For the excess amount to qualify, you must pay it with the intent to make a charitable contribution.

Example 1. You pay $65 for a ticket to a dinner-dance at a church. All the proceeds of the function go to the church. The ticket to the dinner-dance has a fair market value of $25. When you buy your ticket, you know that its value is less than your payment. To figure the amount of your charitable contribution, you subtract the value of the benefit you receive ($25) from your total payment ($65). You can deduct $40 as a charitable contribution to the church.

Example 2. At a fund-raising auction conducted by a charity, you pay $600 for a week's stay at a beach house. The amount you pay is no more than the fair rental value. You have not made a deductible charitable contribution.

Athletic events. If you make a payment to, or for the benefit of, a college or university and, as a result, you receive the right to buy tickets to an athletic event in the athletic stadium of the college or university, you can deduct 80% of the payment as a charitable contribution.

If any part of your payment is for tickets (rather than the right to buy tickets), that part is not deductible. In that case, subtract the price of the tickets from your payment. 80% of the remaining amount is a charitable contribution.

Example 1. You pay $300 a year for membership in an athletic scholarship program maintained by a university (a qualified organization). The only benefit of membership is that you have the right to buy one season ticket for a seat in a designated area of the stadium at the university's home football games. You can deduct $240 (80% of $300) as a charitable contribution.

Example 2. The facts are the same as in Example 1 except that your $300 payment included the purchase of one season ticket for the stated ticket price of $120. You must subtract the usual price of a ticket ($120) from your $300 payment. The result is $180. Your deductible charitable contribution is $144 (80% of $180).

Charity benefit events. If you pay a qualified organization more than fair market value for the right to attend a charity ball, banquet, show, sporting event, or other benefit event, you can deduct only the amount that is more than the value of the privileges or other benefits you receive.

If there is an established charge for the event, that charge is the value of your benefit. If there is no established charge, your contribution is that part of your payment that is more than the reasonable value of the right to attend the event. Whether you use the tickets or other privileges has no effect on the amount you can deduct. However, if you return the ticket to the qualified organization for resale, you can deduct the entire amount you paid for the ticket.

Even if the ticket or other evidence of payment indicates that the payment is a contribution, this does not mean you can deduct the entire amount. If the ticket shows the price of admission and the amount of the contribution, you can deduct the contribution amount.

Example. You pay $40 to see a special showing of a movie for the benefit of a qualified organization. Printed on the ticket is Contribution - $40. If the regular price for the movie is $8, your contribution is $32 ($40 payment - $8 regular price).


http://www.unclefed.com/Tax-Help/HTML/p526.html
0 Replies
 
sozobe
 
  1  
Reply Wed 31 Dec, 2003 03:31 pm
Bingo! Thanks, Husker. That's perfect.
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husker
 
  1  
Reply Thu 1 Jan, 2004 02:01 am
want to know how things turn out at the auction
thanks
0 Replies
 
sozobe
 
  1  
Reply Thu 1 Jan, 2004 12:50 pm
Pretty well! Lots of breathless last-minute running-around... SO many details to attend to!! But it went pretty well, netted a decent sum, got lots of compliments on the layout and selection. ("Professional" came up a few times.)

Whew!

Thanks again!
0 Replies
 
Miller
 
  1  
Reply Sun 15 Feb, 2004 04:23 pm
2.) The donor, for the amount the item is sold for.

The donor donated THAT amount to charity and thus can take the deduction on his/her 1040.
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