Form 8899 Notice of Income From OMB No. 1545-0047 (Rev. December 2021) Donated Intellectual Property Give a Copy to Donor Department of the Treasury ▶ Go to www.irs.gov/Form8899 for instructions and the latest information. Internal Revenue Service Name of charitable organization (donee) Employer identification number Address (number, street, and room or suite no.) (or P.O. box no. if mail is not delivered to the street address) City or town, state, and ZIP code 1a Name of donor b Identifying number c Address (number, street, and room or suite no.) (or P.O. box no. if mail is not delivered to the street address) d City or town, state, and ZIP code 2a Description of qualified intellectual property and patent number, if applicable b Date of charitable contribution c Date of notice to treat as qualified intellectual property 3a Qualified donee income (see the definition on page 2) $ b Tax year of donee for which income listed in line 3a is reported. Check only one box: Calendar year 20 . Fiscal year beginning , 20 , and ending , 20 . Instructions for Form 8899 Note: Donors should see Pub. 526, Charitable Contributions, to figure the amount of the additional charitable deduction. Section references are to the Internal Revenue Code unless otherwise noted. Who Must File Purpose of Form Every donee organization described in section 170(c) (except a private foundation as defined in section 509(a) that is not A taxpayer who contributes qualified intellectual property described in section 170(b)(1)(F)) that received a charitable gift (defined on page 2) to a charity may be entitled to a charitable of qualified intellectual property for which the donor provided deduction, in addition to any initial deduction allowed in the year notice as discussed above, must file Form 8899 if the property of contribution, based on a specified percentage of the qualified produces net income for the year. If the qualified intellectual donee income (defined on page 2) received by the donee with property fails to produce net income for the donee’s tax year, respect to the qualified intellectual property. Any additional the donee is not required to file Form 8899. charitable deductions attributable to qualified donee income may be allowed in the year of the contribution or in subsequent When To File years, subject to the limitations described in the definition of The donee is required to file Form 8899 with the IRS and qualified donee income. provide a copy of the form to the donor by the last day of the To qualify for the additional charitable deduction, the donor first full month following the close of the donee’s tax year. must provide notice to the donee at the time of the contribution that the donor intends to treat the contribution as a qualified Where To File intellectual property contribution for purposes of sections File Form 8899 at the address indicated below. 170(m) and 6050L. Department of the Treasury Form 8899 is used by a donee to report net income from Internal Revenue Service qualified intellectual property to the donor of the property and to Ogden, UT 84201-0027 the IRS. This form must be filed for each tax year of the donee in which the donated property produces net income, but only if Penalty all or part of that tax year occurs during the 10-year period beginning on the date of the contribution and that tax year does The organization may be subject to a penalty if it fails to file not begin after the expiration of the legal life of the donated Form 8899 by the due date; fails to include all of the property. information required to be shown on this form; or fails to include correct information on this form. For additional information, see sections 6721 through 6724. For Paperwork Reduction Act Notice, see instructions for Form 990. Cat. No. 37707M Form 8899 (Rev. 12-2021) |
Form 8899 (Rev. 12-2021) Page 2 How To Get Forms, Publications, and Qualified donee income. Qualified donee income is any net income received or accrued by the donee that is properly Assistance allocable to the qualified intellectual property for the tax year of Getting tax forms, instructions, and publications. Visit the donee which ends within or with the tax year of the donor. www.irs.gov/Forms to download current and prior-year forms, Income is not treated as allocated to qualified intellectual instructions, and publications. property if it is received or accrued after the earlier of the Ordering tax forms, instructions, and publications. Go to expiration of the legal life of the qualified intellectual property, or www.irs.gov/OrderForms to order current forms, instructions, the 10-year period beginning with the date of the contribution. and publications. Paperwork Reduction Act Notice. We ask for the information Definitions on this form to carry out the Internal Revenue laws of the United States. You are required to give us the information. We need it Identifying number. The identifying number for individual to ensure that you are complying with these laws and to allow donors is the social security number. For other donors, us to figure and collect the right amount of tax. including corporations, partnerships, and estates, the identifying number is the employer identification number. To You are not required to provide the information requested on obtain the donor’s identifying number, you may request that the a form that is subject to the Paperwork Reduction Act unless donor complete Form W-9, Request for Taxpayer Identification the form displays a valid OMB control number. Books or Number and Certification. records relating to a form or its instructions must be retained as long as their contents may become material in the Qualified intellectual property. Qualified intellectual property administration of any Internal Revenue law. Generally, tax is generally any patent, copyright, trademark, trade name, trade returns and return information are confidential, as required by secret, know-how, software or similar property, or applications section 6103. or registrations of such property (other than property contributed to or for the use of a private foundation as defined The time needed to complete and file this form will vary in section 509(a) that is not described in section 170(b)(1)(F)). depending on individual circumstances. The estimated burden See Exceptions below. for tax exempt taxpayers filing this form is approved under OMB control number 1545-0047 and is included in the estimates Exceptions. The following property is not considered shown in the instructions for their tax exempt tax return. qualified intellectual property for purposes of the additional charitable deduction. 1. Computer software that is readily available for purchase by the general public, is subject to a nonexclusive license, and has not been substantially modified. 2. A copyright held by a taxpayer: a. Whose personal efforts created the property, or b. In whose hands the basis of the property is determined, for purposes of determining gain from a sale or exchange, in whole or in part by reference to the basis of the property in the hands of a taxpayer whose personal efforts created the property. |