Form 8899 Notice of Income From OMB No. 1545-1962 (Rev. August 2013) Donated Intellectual Property Give a Copy to Donor Department of the Treasury ▶ Information about Form 8899 and instructions is at www.irs.gov/form8899. Internal Revenue Service Name of charitable organization (donee) Employer identification number Print Address (number, street, and room or suite no.) (or P.O. box no. if mail is not delivered to the street address) or Type 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 beginning on the date of the contribution and that tax year does not begin after the expiration of the legal life of the donated Section references are to the Internal Revenue Code unless property. otherwise noted. Note. Donors should see Pub. 526, Charitable Contributions, to Phone Help figure the amount of the additional charitable deduction. If you have questions and/or need help completing this form, Who Must File please call 1-877-829-5500. This toll-free telephone service is Every donee organization described in section 170(c) (except a available Monday through Friday. private foundation as defined in section 509(a) that is not Purpose of Form described in section 170(b)(1)(F)) that received a charitable gift of qualified intellectual property for which the donor provided A taxpayer who contributes qualified intellectual property notice as discussed above, must file Form 8899 if the property (defined on page 2) to a charity may be entitled to a charitable produces net income for the year. If the qualified intellectual deduction, in addition to any initial deduction allowed in the year property fails to produce net income for the donee’s tax year, of contribution, based on a specified percentage of the qualified the donee is not required to file Form 8899. donee income (defined on page 2) received by the donee with respect to the qualified intellectual property. Any additional When and Where To File charitable deductions attributable to qualified donee income The donee is required to file Form 8899 with the IRS and may be allowed in the year of the contribution or in subsequent provide a copy of the form to the donor by the last day of the years, subject to the limitations described in the definition of first full month following the close of the donee’s tax year. qualified donee income. Send Form 8899 to: To qualify for the additional charitable deduction, the donor must provide notice to the donee at the time of the contribution Department of the Treasury that the donor intends to treat the contribution as a qualified Internal Revenue Service intellectual property contribution for purposes of sections Ogden, UT 84201-0027 170(m) and 6050L. Penalty Form 8899 is used by a donee to report net income from qualified intellectual property to the donor of the property and to The organization may be subject to a penalty if it fails to file the IRS. This form must be filed for each tax year of the donee Form 8899 by the due date; fails to include all of the in which the donated property produces net income, but only if information required to be shown on this form; or fails to all or part of that tax year occurs during the 10-year period include correct information on this form. For additional information, see sections 6721 through 6724. Cat. No. 37707M Form 8899 (Rev. 8-2013) |
Form 8899 (Rev. 8-2013) Page 2 Definitions Paperwork Reduction Act Notice. We ask for the information on this form to carry out the Internal Revenue laws of the United Identifying number. The identifying number for individual States. You are required to give us the information. We need it donors is the social security number. For other donors, to ensure that you are complying with these laws and to allow including corporations, partnerships, and estates, the us to figure and collect the right amount of tax. identifying number is the employer identification number. To obtain the donor’s identifying number, you may request that the You are not required to provide the information requested on donor complete Form W-9, Request for Taxpayer Identification a form that is subject to the Paperwork Reduction Act unless Number and Certification. the form displays a valid OMB control number. Books or records relating to a form or its instructions must be retained as Qualified intellectual property. Qualified intellectual property long as their contents may become material in the is generally any patent, copyright, trademark, trade name, trade administration of any Internal Revenue law. Generally, tax secret, know-how, software or similar property, or applications returns and return information are confidential, as required by or registrations of such property (other than property section 6103. contributed to or for the use of a private foundation as defined in section 509(a) that is not described in section 170(b)(1)(F)). The time needed to complete and file this form will vary See Exceptions below. depending on individual circumstances. The estimated average time is: Exceptions. The following property is not considered qualified intellectual property for purposes of the additional Recordkeeping . . . . . . . . . . . 3 hr., 20 min. charitable deduction. Learning about the law . . . . . . . . . 1 hr., 0 min. 1. Computer software that is readily available for purchase by Preparing and sending the general public, is subject to a nonexclusive license, and the form to the IRS . . . . . . . . . . 1 hr., 5 min. has not been substantially modified. If you have comments concerning the accuracy of this time 2. A copyright held by a taxpayer: estimate or suggestions for making this form simpler, we would a. Whose personal efforts created the property, or be happy to hear from you. You can send your comments to: b. In whose hands the basis of the property is determined, for Tax Forms and Publications Division purposes of determining gain from a sale or exchange, in Internal Revenue Service whole or in part by reference to the basis of the property in 1111 Constitution Ave. NW, IR-6526 the hands of a taxpayer whose personal efforts created the Washington, DC 20224 property. Do not send this form to this address. Instead, see When and Qualified donee income. Qualified donee income is any net Where To File. income received or accrued by the donee that is properly allocable to the qualified intellectual property for the tax year of the donee which ends within or with the tax year of the donor. Income is not treated as allocated to qualified intellectual property if it is received or accrued after the earlier of the expiration of the legal life of the qualified intellectual property, or the 10-year period beginning with the date of the contribution. |