The following is a summary of the new tax law...
The new tax law affects autos and boats so that the price
for the vehicle sold is your tax deduction and not the appraised or book value, (unless the car or boat is used by
the organization.) We at Dvar Institute have been processing car and boat donations for the past 20 years and can
get you the maximum tax deduction. Those cars and boats that are used internally qualify for book value.Beginning
January 1, 2005, new federal tax legislation governing vehicle donations is in effect. The following is a summary
of much of this new legislation (as contained in HR 4520).Under the new law, allowable deductions for
charitable contributions of vehicles, boats and airplanes (collectively referred to as "assets" in
this summary) for which the claimed value exceeds $500 will depend how the asset is used by the recipient
charity. If the organization sells the asset without any significant intervening use or material improvement,
the donor’s deduction is limited to the gross sales proceeds received by the charity. But, if the organization
uses the asset in direct furtherance of its charitable purpose the donor may deduct the "fair market
value" of the asset.According to the IRS, the donor, not the recipient charity, must determine the
"fair market value" which the IRS describes as the price that a willing buyer and willing seller would
agree upon if neither were pressured to do so
Other guidebooks and
techniques are commonly used to determine the market values of other asset types such as newspaper classifieds,
online auction sites, and other similar marketplace venues. Please contact us if you would like further tips on
determining market value for other asset classes.)Examples: If a vehicle with a "fair market value"
of $4000 is donated directly to the non-profit charity and the organization sells the vehicle for $1000, the
donor can only deduct $1000. But, if for instance, the organization provides the vehicle to a disadvantaged
person, the donor may deduct the full "fair market value" of $4000.Substantiation requirements
when the claimed value exceeds $500 are as follows: No deduction is allowed unless the donor receives a written
acknowledgement from the charity. That document must include the name and taxpayer identification number (usually
the social security number) of the donor and the vehicle identification number (or similar number) of the
asset.Additional documentation is required but is dependent on how the asset is used by the charity:In the event
the charity sells the asset without any significant intervening use or material improvement, the charity must send
a written acknowledgement to the donor within 30 days of the sale certifying (1) that the asset was sold at an
arms length transaction between unrelated parties, (2) the amount of the gross sales proceeds, and (3) include a
warning that the donor’s deduction is limited to the sales proceeds.If the charity intends to make significant use
of the donated asset (such as providing a donated vehicle to a disadvantaged person) or make material
improvements, the required written acknowledgement must be provided within 30 days of the contribution and must
certify: (1) the intended use and duration of such use or the material improvements to be made, and (2) that the
asset will not be transferred in exchange for money, other property, or services before completion of such use or
improvements.