Userid: CPM Schema: tipx Leadpct: 100% Pt. size: 8 Draft Ok to Print AH XSL/XML Fileid: … ons/p561/202301/a/xml/cycle06/source (Init. & Date) _______ Page 1 of 15 19:25 - 9-Mar-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Publication 561 (Rev. January 2023) Contents Cat. No. 15109Q Future Developments . . . . . . . . . . . . 1 Department of the Introduction . . . . . . . . . . . . . . . . . . 1 Treasury Internal Determining What Is Fair Market Value (FMV)? . . . . . 2 Revenue Service Valuation of Various Kinds of the Value of Property . . . . . . . . . . . . . . . . . 4 Substantiation of Noncash Donated Charitable Contributions . . . . . . . 8 Penalty . . . . . . . . . . . . . . . . . . . . 11 Property How To Get Tax Help . . . . . . . . . . . 11 Index . . . . . . . . . . . . . . . . . . . . . 15 Future Developments For the latest information about developments related to Pub. 561, such as legislation enacted after it was published, go to IRS.gov/Pub561. Introduction This publication is designed to help donors and appraisers determine the value of property (other than cash) that is given to qualified or- ganizations. It also explains what kind of infor- mation you must have to support the charitable contribution deduction you claim on your return. This publication does not discuss how to fig- ure the amount of your deduction for charitable contributions or written records and substantia- tion required. See Pub. 526, Charitable Contri- butions, for this information. Comments and suggestions. We welcome your comments about this publication and sug- gestions for future editions. You can send us comments through IRS.gov/FormComments. Or, you can write to the Internal Revenue Service, Tax Forms and Publications, 1111 Constitution Ave. NW, IR-6526, Washington, DC 20224. Although we can’t respond individually to each comment received, we do appreciate your feedback and will consider your comments and suggestions as we revise our tax forms, instruc- tions, and publications. Don’t send tax ques- tions, tax returns, or payments to the above ad- dress. Getting answers to your tax questions. If you have a tax question not answered by this publication or the How To Get Tax Help section at the end of this publication, go to the IRS In- teractive Tax Assistant page at IRS.gov/ Help/ITA where you can find topics by using the search feature or viewing the categories listed. Getting tax forms, instructions, and pub lications. Go toIRS.gov/Forms to download current and prior-year forms, instructions, and Get forms and other information faster and easier at: publications. • IRS.gov (English) • IRS.gov/Korean (한국어) • IRS.gov/Spanish (Español) • IRS.gov/Russian (Pусский) Ordering tax forms, instructions, and • IRS.gov/Chinese (中文) • IRS.gov/Vietnamese (Tiếng Việt) publications. Go to IRS.gov/OrderForms to order current forms, instructions, and Mar 9, 2023 |
Page 2 of 15 Fileid: … ons/p561/202301/a/xml/cycle06/source 19:25 - 9-Mar-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. publications; call 800-829-3676 to order Date of contribution. Ordinarily, the date of a less weight if the property was not bought or prior-year forms and instructions. The IRS will contribution is the date on which the property is sold at a time that is reasonably close to the process your order for forms and publications delivered to the charity, provided you do not re- date of contribution. as soon as possible. Don’t resubmit requests tain any right to or interest in the property that you’ve already sent us. You can get forms and would limit the charity's use of the property. The cost or selling price is a good indication publications faster online. of the property's value if: Stock. If you deliver, without any condi- • The purchase or sale took place close to tions, a properly endorsed stock certificate to a the valuation date in an open market, Useful Items qualified organization or to an agent of the or- • The purchase or sale was at You may want to see: ganization, the date of the contribution is the “arm's-length,” date of delivery. If the certificate is mailed and • The buyer and seller knew all relevant Publication received through the regular mail, it is the date facts, 526 526 Charitable Contributions of mailing. If you deliver the certificate to a bank • The buyer and seller did not have to act, or broker acting as your agent or to the issuing and Forms (and Instructions) corporation or its agent, for transfer into the • The market did not change between the name of the organization, the date of the contri- date of purchase or sale and the valuation 8282 8282 Donee Information Return bution is the date the stock is transferred on the date. 8283 8283 Noncash Charitable Contributions books of the corporation. 8283-V 8283-V Payment Voucher for Filing Fee Options. If you grant an option to a quali- Example. Bailey Morgan, who is not a Under Section 170(f)(13) fied organization to buy real property, you have dealer in gems, bought an assortment of gems See How To Get Tax Help near the end of this not made a charitable contribution until the or- for $5,000 from a promoter. The promoter publication for information about getting these ganization exercises the option. The amount of claimed that the price was “wholesale” even publications and forms. the contribution is the FMV of the property on though this dealer and other dealers made simi- the date the option is exercised minus the exer- lar sales at similar prices to other persons who cise price. were not dealers. The promoter said that if Bai- ley kept the gems for more than 1 year and then What Is Fair Market Example. You grant an option to a local gave them to charity, Bailey could claim a chari- Value (FMV)? university, which is a qualified organization, to table deduction of $15,000, which, according to buy real property. Under the option, the univer- the promoter, would be the value of the gems at To figure how much you may deduct for prop- sity could buy the property at any time during a the time of contribution. Bailey gave the gems erty that you contribute, you must first deter- 2-year period for $40,000. The FMV of the prop- to a qualified charity 13 months after buying mine its FMV on the date of the contribution. erty on the date the option is granted is them. This publication focuses the valuation of non- $50,000. The selling price for these gems had not cash property being contributed after January In the following tax year, the university exer- changed from the date of purchase to the date 1, 2019, to a charity that qualifies under section cises the option. The FMV of the property on Bailey donated them to charity. The best evi- 170(c) for an income tax charitable contribution the date the option is exercised is $55,000. dence of FMV depends on actual transactions deduction. Therefore, you have made a charitable contri- and not on some artificial estimate. The $5,000 bution of $15,000 ($55,000, the FMV, minus charged Bailey and others is, therefore, the FMV. FMV is the price that property would sell $40,000, the exercise price) in the tax year the best evidence of the maximum FMV of the for on the open market. It is the price that would option is exercised. gems. be agreed on between a willing buyer and a Terms of the purchase or sale. The terms of willing seller, with neither being required to act, Determining FMV the purchase or sale should be considered in and both having reasonable knowledge of the determining FMV if they influenced the price. relevant facts. In addition to this general rule, Determining the value of donated property These terms include any restrictions, under- there are special rules used to value certain would be a simple matter if you could rely only standings, or covenants limiting the use or dis- types of property such as remainder interests, on fixed formulas, rules, or methods. Usually, it position of the property. annuities, interests for life or for a term of years, is not that simple. Using such formulas, etc., and reversions, discussed below. seldom results in an acceptable determination Rate of increase or decrease in value. Un- of FMV. There is no single formula that always less you can show that there were unusual cir- Example 1. If you give an item of used applies when determining the value of property. cumstances, it is assumed that the increase or clothing that is in good used condition or better decrease in the value of your donated property to the Salvation Army, the FMV would be the This is not to say that a valuation is only from your cost has been at a reasonable rate. price that typical buyers actually pay for clothing guesswork. You must consider all the facts and For time adjustments, an appraiser may con- of this age, condition, style, and use. Usually, circumstances connected with the property, sider published price indexes for information on such items are worth far less than what you such as its desirability, use, and scarcity. general price trends, building costs, commodity paid for them. costs, securities, and works of art sold at auc- For example, donated furniture that is in Example 2. If you donate land and restrict good used condition or better should not be tion in arm's-length sales. its use to agricultural purposes, you must value evaluated at some fixed rate such as 15% of the the land at its value for agricultural purposes, cost of new replacement furniture. When the Example. Corey Brown bought a painting even if it would have a higher FMV if it were not furniture is contributed, it may be out of style or for $10,000. Thirteen months later, Corey gave restricted. in poor condition, therefore having little or no it to an art museum, claiming a charitable de- market value. On the other hand, it may be a duction of $15,000 on their tax return. The ap- Factors. In making and supporting the val- desirable antique, the value of which could not praisal of the painting should include informa- uation of property, all factors affecting value are be determined by using any formula. tion showing that there were unusual relevant and must be considered. These in- circumstances that justify a 50% increase in value for the 13 months Corey held the prop- clude, but are not limited to: Cost or Selling Price of the erty. • The cost or selling price of the item, Donated Property • Sales of comparable properties, Arm's-length offer. An arm's-length offer to • Replacement cost, and The cost of the property to you or the actual buy the property close to the valuation date may • Opinions of experts. selling price received by the qualified organiza- help to prove its value if the person making the These factors are discussed later. Also, see tion may be the best indication of its FMV. How- offer was willing and able to complete the trans- Table 1 for a summary of questions to ask as ever, because conditions in the market change, action. To rely on an offer, you should be able you consider each factor. the cost or selling price of property may have Page 2 Publication 561 (January 2023) |
Page 3 of 15 Fileid: … ons/p561/202301/a/xml/cycle06/source 19:25 - 9-Mar-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Table 1. Factors That Affect FMV Opinions of Experts IF the factor you are Generally, the weight given to an expert's opin- considering is... THEN you should ask these questions... ion on matters such as the authenticity of a coin or a work of art, or the most profitable and best cost or selling price Was the purchase or sale of the property reasonably close to the date of contribution? use of a piece of real estate, depends on the Was any increase or decrease in value, as compared to your cost, at a reasonable knowledge and competence of the expert and rate? the thoroughness with which the opinion is sup- Do the terms of purchase or sale limit what can be done with the property? ported by experience and facts. For an expert's Was there an arm's-length offer to buy the property close to the valuation date? opinion to deserve much weight, the facts must support the opinion. For additional information, sales of comparable How similar is the property sold to the property donated? see Appraisal, later. properties How close is the date of sale to the valuation date? Was the sale at arm's-length? Problems in Determining What was the condition of the market at the time of sale? FMV replacement cost What would it cost to replace the donated property? There are a number of problems in determining Is there a reasonable relationship between replacement cost and FMV? the FMV of donated property. Is the supply of the donated property more or less than the demand for it? opinions of experts Is the expert knowledgeable and competent? Unusual Market Conditions Is the opinion thorough and supported by facts and experience? The sale price of the property itself in an to show proof of the offer and the specific said that if Quinn wanted a charitable deduction arm's-length transaction in an open market is amount to be paid. Offers to buy property other within 1 year of the purchase, Quinn could buy often the best evidence of its value. When you than the donated item will help to determine the 500 books at the “retail” price of $30,000, rely on sales of comparable property, the sales value if the other property is reasonably similar paying only $10,000 in cash and giving a prom- must have been made in an open market. If to the donated property. issory note for the remaining $20,000. The prin- those sales were made in a market that was ar- cipal and interest on the note would not be due tificially supported or stimulated so as not to be Sales of Comparable Properties for 12 years. According to the promoter, Quinn truly representative, the prices at which the could then, within 1 year of the purchase, give sales were made will not indicate the FMV. the books to a qualified organization and claim The sales prices of properties similar to the do- the full $30,000 retail price as a charitable con- For example, liquidation sale prices usually nated property are often important in determin- tribution. Quinn purchased the books under the do not indicate the FMV. Also, sales of stock ing the FMV. The weight to be given to each second option and, 3 months later, gave them under unusual circumstances, such as sales of sale depends on the following. to a house of worship, which will use the books small lots, forced sales, and sales in a restricted • The degree of similarity between the prop- for religious purposes. market, may not represent the FMV. erty sold and the donated property. At the time of the gift, the promoter was sell- • The time of the sale—whether it was close ing similar lots of books for either $10,000 or Selection of Comparable Sales to the valuation date. $30,000. The difference between the two prices • The circumstances of the sale—whether it was solely at the discretion of the buyer. The Using sales of comparable property is an impor- was at arm's-length with a knowledgeable promoter was a willing seller for $10,000. tant method for determining the FMV of dona- buyer and seller, with neither having to act. Therefore, the value of Quinn’s contribution of ted property. However, the amount of weight • The conditions of the market in which the the books is $10,000, the amount at which simi- given to a sale depends on the degree of simi- sale was made—whether unusually infla- lar lots of books could be purchased from the larity between the comparable and the donated ted or deflated. promoter by members of the general public. properties. The degree of similarity must be The comparable sales method of valuing real close enough so that this selling price would have been given consideration by reasonably estate is explained later under Valuation of Vari- Replacement Cost well-informed buyers or sellers of the property. ous Kinds of Property. Example 1. Quinn Black, who is not a book The cost of buying, building, or manufacturing Example. You give a rare, old book to your dealer, paid a promoter $10,000 for 500 copies property similar to the donated item should be former college. The book is a third edition and is of a single edition of a modern translation of a considered in determining FMV. However, there in poor condition because of a missing back religious book. The promoter had claimed that must be a reasonable relationship between the cover. You discover that there was a sale for the price was considerably less than the “retail” replacement cost and the FMV. $300, near the valuation date, of a first edition price and gave Quinn a statement that the of the book that was in good condition. Al- books had a total retail value of $30,000. The The replacement cost is the amount it would though the contents are the same, the books promoter advised that if Quinn kept the books cost to replace the donated item on the valua- are not at all similar because of the different edi- for more than 1 year and then gave them to a tion date. Often, there is no relationship be- tions and their physical condition. Little consid- qualified organization, Quinn could claim a tween the replacement cost and the FMV. If the eration would be given to the selling price of the charitable deduction for the “retail” price of supply of the donated property is more or less $300 property by knowledgeable buyers or sell- $30,000. Thirteen months later, all the books than the demand for it, the replacement cost ers. were given to a house of worship from a list pro- becomes less important. vided by the promoter. At the time of the dona- Future Events tion, wholesale dealers were selling similar To determine the replacement cost of the quantities of books to the general public for donated property, find the “estimated replace- You may not consider unexpected events hap- $10,000. ment cost new.” Then subtract from this figure pening after your donation of property in making The FMV of the books is $10,000, the price an amount for depreciation due to the physical the valuation. You may consider only the facts at which similar quantities of books were being condition and obsolescence of the donated known at the time of the gift, and those that sold to others at the time of the contribution. property. You should be able to show the rela- could reasonably be expected at the time of the tionship between the depreciated replacement gift. Example 2. The facts are the same as in cost and the FMV, as well as how you arrived at Example 1, except that the promoter gave the “estimated replacement cost new.” Example. You give farmland to a qualified Quinn Black a second option. The promoter charity. The transfer provides that your mother Publication 561 (January 2023) Page 3 |
Page 4 of 15 Fileid: … ons/p561/202301/a/xml/cycle06/source 19:25 - 9-Mar-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. will have the right to all income and full use of Used Clothing portal and you should submit the payment the property for her life. Even though your confirmation with your Statement of Value mother dies 1 week after the transfer, the value Used clothing and other personal items are request. of the property on the date it is given is its usually worth far less than the price you paid for • A completed Form 8283, Section B. present value, subject to the life interest as esti- them. Valuation of items of clothing does not • The location of the IRS territory that has mated from actuarial tables. You may not take a lend itself to fixed formulas or methods. examination responsibility for your return. higher deduction because the charity received If your request lacks essential information, you full use and possession of the land only 1 week The price that buyers of used items actually after the transfer. pay in used clothing stores, such as consign- will be notified and given 30 days to provide the ment or thrift shops, is an indication of the missing information. value. Send your request to: Using Past Events to Predict the Future You can't take an income tax charitable con- Internal Revenue Service/Appeals tribution deduction for an item of clothing unless Attn: Art Appraisal Services A common error is to rely too much on past it is in good used condition or better. An item of Request for Statement of Value events that do not fairly reflect the probable fu- clothing that is not in good used condition or 1111 Constitution Ave. NW, Room 3615 ture earnings and FMV. better for which you claim an income tax chari- Washington, DC 20224–0002 table contribution deduction of more than $500 Example. You give all your rights in a suc- requires a qualified appraisal and a completed Refunds. You can withdraw your request cessful patent to your favorite charity. Your re- Form 8283. See Deduction over $500 for cer- for a Statement of Value at any time before it is cords show that before the valuation date there tain clothing or household items, later. issued. However, the IRS will not refund the were three stages in the patent's history of user fee if you do. earnings. First, there was rapid growth in earn- If the IRS declines to issue a Statement of ings when the invention was introduced. Then, Jewelry and Gems Value in the interest of efficient tax administra- there was a period of high earnings when the in- tion, the IRS will refund the user fee. vention was being exploited. Finally, there was Jewelry and gems are of such a specialized na- a decline in earnings when competing inven- ture that it is almost always necessary to get an tions were introduced. The entire history of appraisal by a specialized jewelry appraiser. Authenticity. It is helpful if the authenticity of earnings may be relevant in estimating the fu- The appraisal should describe, among other the donated art has been determined. To deter- ture earnings. However, the appraiser must not things, the style of the jewelry, the cut and set- mine who is an appropriate expert competent to rely too much on the stage of rapid growth in ting of the gem, and whether it is now in fash- authenticate an object of art depends upon the earnings or of high earnings. The market condi- ion. If not in fashion, the possibility of having the type of object and the creator of that object. The tions at those times do not represent the condi- property redesigned, recut, or reset should be appraiser is responsible for performing due dili- tion of the market at the valuation date. What is reported in the appraisal. The stone's coloring, gence regarding authentication for the donated most significant is the trend of decline in earn- weight, cut, brilliance, and flaws should be re- art. ings up to the valuation date. For more informa- ported and analyzed. Sentimental personal tion about donations of patents, see Patents, value has no effect on FMV. But if the jewelry Physical condition. Important factors in the later. was owned by a famous person, its value might valuation of antiques and art are physical condi- increase. tion and extent of restoration. These have a sig- nificant effect on the value and must be fully re- ported in an appraisal. An antique in damaged Valuation of Various Paintings, Antiques, and condition, or lacking the “original brasses,” may Other Objects of Art be worth much less than a similar piece in ex- Kinds of Property cellent condition. Your income tax charitable contribution dona- This section contains information on determin- tion of paintings, antiques, and other objects of ing the FMV of ordinary kinds of donated prop- art, for which you claim a deduction of more Collectibles erty. For information on appraisals, see Ap- than $5,000 must be supported by a qualified praisal, later. appraisal and a Form 8283. See Qualified Ap- Because many kinds of collectibles may be the praisal, later. subject of a charitable donation, it is not possi- Household Items ble to discuss all of the possible types in this Art valued at $20,000 or more. If you claim a publication. Most common are rare books, auto- The FMV of used household items is usually deduction of $20,000 or more for an income tax graphs, sports memorabilia, dolls, manuscripts, much lower than the price paid when new. charitable contribution donation of art (such as stamps, coins, guns, music and entertainment Household items include furniture, furnishings, a painting, sculpture, antique, and a collection memorabilia, comics, toys, and natural history electronics, appliances, linens, and similar (for example, a stamp or coin collection)), you items. Many of the elements of valuation that items. Household items do not include paint- should attach the qualified appraisal for the art. apply to paintings and other objects of art, dis- ings, antiques, objects of art, jewelry, gems, A photograph of a size and quality fully showing cussed earlier, also apply to collectibles. and collections like stamp and coin collections. the object, preferably a high-resolution digital Such used property may have little or no market image, should be provided if requested. Reference material. Publications available to value because It may be out of style. help you determine the value of many kinds of Art valued at $50,000 or more. If you donate collections include catalogs, dealers' price lists, You cannot take an income tax charitable an item of art (such as a painting, sculpture, an- and specialized hobby periodicals. When using contribution deduction for household items un- tique, and a collection (for example, a stamp or one of these price guides, you must use the less they are in good used condition or better. coin collection)) that has been appraised at current edition at the date of contribution. The one exception to this is a household item $50,000 or more, you can request a Statement These sources are not always reliable that is not in good used condition or better for of Value for that item from the IRS. You must re- ! indicators of FMV and should be sup- which you claim an income tax charitable contri- quest the statement before filing the tax return CAUTION ported by other evidence. bution deduction of more than $500. In this that reports the donation. Your request must in- case, you must obtain a qualified appraisal val- clude the following. For example, a dealer may sell an item for uing the item and complete a Form 8283. See • A copy of a qualified appraisal of the item. much less than is shown on a price list, particu- Deduction over $500 for certain clothing or See Qualified Appraisal, later. larly after the item has remained unsold for a household items, later. • A user fee of $7,500 for one to three items long time. The price an item sold for in an auc- If the property is valuable because it is old or and $400 for each additional item paid tion may have been the result of a rigged sale or unique, see Paintings, Antiques, and Other through Pay.gov. A payment confirmation a mere bidding duel. The appraiser must ana- Objects of Art, later. will be provided to you through the Pay.gov lyze the reference material, and recognize and Page 4 Publication 561 (January 2023) |
Page 5 of 15 Fileid: … ons/p561/202301/a/xml/cycle06/source 19:25 - 9-Mar-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. make adjustments for misleading entries. If you obscure authors may also be of value if they are More information. Your deduction for a dona- are claiming an income tax charitable contribu- of unusual historical or literary importance. De- ted car, boat, or airplane is generally limited to tion deduction for the donation of a collection termining the value of such material is difficult. the gross proceeds from its sale by the qualified valued at more than $5,000, you must obtain a For example, there may be a great difference in organization. This rule applies if the claimed qualified appraisal and complete a Form 8283. value between two diaries that were kept by a value of the donated vehicle is more than $500. famous person—one kept during childhood and In certain cases, you can deduct the vehicle's Stamp collections. Most libraries have cata- the other during a later period in their life. The FMV. For details, see Pub. 526. logs or other books that report the publisher's appraiser determines a value in these cases by estimate of values. Generally, two price levels applying knowledge and judgment to such fac- are shown for each stamp: the price post- tors as comparable sales and market condi- Inventory marked and the price not postmarked. Contact tions. If you donate any inventory item to a charitable an appraiser for assistance with properly valu- ing stamp collections. Signatures. Signatures, or sets of signatures, organization, the amount of your deductible that were cut from letters or other papers usu- contribution is generally the FMV of the item, Coin collections. Many catalogs and other ally have little or no value. But complete sets of minus any gain you would have realized if you reference materials show the writer's or publish- the signatures of U.S. presidents are in de- had sold the item at its FMV on the date of the er's opinion of the value of coins on or near the mand. gift. For more information, see Pub. 526. date of the publication. Like many other collec- tors' items, the value of a coin depends on the Patents demand for it, its age, and its rarity. Another im- Cars, Boats, and Aircraft portant factor is the coin's condition. For exam- To determine the FMV of a patent, you must ple, there is a great difference in the value of a If you donate a car, a boat, or an aircraft to a take into account, among other factors: coin that is in mint condition and a similar coin charitable organization, its FMV must be deter- • Whether the patented technology has that is only in good condition. mined. been made obsolete by other technology; Use caution when consulting price guides • Any restrictions on the donee's use of, or for coins as only a trained grader can distin- Certain commercial firms and trade organi- ability to transfer, the patented technology; guish the difference between mint, uncirculated, zations publish monthly or seasonal guides for and extremely fine, very fine, fine, very good, good, different regions of the country, containing com- • The length of time remaining before the fair, or poor. The difference in value between plete dealer sale prices or dealer average pri- patent expires. one grade and another could be vast. ces for recent model years. Prices are reported for each make, model, and year. These guides However, your deduction for a donation of a Books. The value of books is usually deter- also provide estimates for adjusting for unusual patent or other intellectual property is its FMV, mined by selecting comparable sales and ad- equipment, unusual mileage, and physical con- minus any gain you would have realized if you justing the prices according to the differences dition. The prices are not “official,” and these had sold the property at its FMV on the date of between the comparable sales and the item be- publications are not considered an appraisal of the gift. Generally, this means your deduction is ing evaluated. This can be difficult to do and, any specific donated property. But they do pro- the lesser of the property's FMV or its basis. For except for a collection of little value, should be vide clues for making an appraisal and suggest details, see Pub. 526. done by a specialized appraiser. Within the relative prices for comparison with current sales general category of literary property, there are and offerings in your area. Stocks and Bonds appraisers who specialize in certain areas, such as Americana, foreign imports, religious books, These publications are sometimes available and scientific books. from public libraries or at a bank, credit union, The value of stocks and bonds is the FMV of a or finance company. You can also find pricing share or bond on the valuation date. See Date Modest value of collection. If the collec- information about used cars on the Internet. of contribution , earlier, under What Is Fair Mar- tion you are donating is of modest value, not re- ket Value (FMV)?. quiring a written appraisal, the following infor- An acceptable measure of the FMV of a do- mation may help you in determining the FMV. nated car, boat, or airplane is an amount not in Selling prices on valuation date. If there is A book that is very old, or very rare, is not excess of the price listed in a used vehicle pric- an active market for the contributed stocks or necessarily valuable. There are many books ing guide for a private party sale, not the dealer bonds on a stock exchange, in an that are very old or rare, but that have little or no retail value, of a similar vehicle. However, the over-the-counter market, or elsewhere, the market value. FMV may be less than that amount if the vehicle FMV of each share or bond is the average price has engine trouble, body damage, high mile- between the highest and lowest quoted selling Condition of book. The condition of a age, or any type of excessive wear. The FMV of prices on the valuation date. For example, if the book may have a great influence on its value. a donated vehicle is the same as the price listed highest selling price for a share was $11 and Collectors are interested in items that are in in a used vehicle pricing guide for a private the lowest $9, the average price is $10. You get fine, or at least good, condition. When a book party sale only if the guide lists a sales price for the average price by adding $11 and $9 and di- has a missing page, a loose binding, tears, or a vehicle that is the same make, model, and viding the sum by 2. stains, or is otherwise in poor condition, its year, sold in the same area, in the same condi- No sales on valuation date. If there were value is greatly lowered. tion, with the same or similar options or acces- no sales on the valuation date, but there were Other factors. Some other factors in the sories, and with the same or similar warranties sales within a reasonable period before and af- valuation of a book are the kind of binding as the donated vehicle. ter the valuation date, you determine FMV by (leather, cloth, paper), page edges, and illustra- taking the average price between the highest tions (drawings and photographs). Collectors Example. You donate a used car in poor and lowest sales prices on the nearest date be- usually want first editions of books. However, condition to a local high school for use by stu- fore and on the nearest date after the valuation because of changes or additions, other editions dents studying car repair. A used car guide date. Then you weight these averages in in- are sometimes worth as much as, or more than, shows the dealer retail value for this type of car verse order by the respective number of trading the first edition. in poor condition is $1,600. However, the guide days between the selling dates and the valua- shows the price for a private party sale of the tion date. Manuscripts, autographs, diaries, and simi- car is only $750. The FMV of the car is consid- lar items. When these items are handwritten, ered to be no more than $750. Example. On the day you gave stock to a or at least signed by famous people, they are qualified organization, there were no sales of often in demand and are valuable. However, Boats. Except for inexpensive small boats, the the stock. Sales of the stock nearest the valua- the noteworthiness of an author is not the only valuation of boats should be based on an ap- tion date took place 2 trading days before the determining factor; the writings of unknown or praisal by a marine surveyor because the physi- valuation date at an average selling price of $10 cal condition is so critical to the value. and 3 trading days after the valuation date at an Publication 561 (January 2023) Page 5 |
Page 6 of 15 Fileid: … ons/p561/202301/a/xml/cycle06/source 19:25 - 9-Mar-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. average selling price of $15. The FMV on the Unavailable prices. If selling prices or bid 1. Comparable Sales valuation date was $12, figured as follows. and asked prices are not available, determine the FMV by considering the following factors. The comparable sales method compares the [(3 x $10) + (2 x $15)] ÷ 5 = $12 • For bonds, the soundness of the security, donated property with several similar properties the interest yield, the date of maturity, and that have been sold. The selling prices, after Listings on more than one stock ex other relevant factors. adjustments for differences in date of sale, size, change. Stocks or bonds listed on more than • For shares of stock, the company's net condition, and location, would then indicate the one stock exchange are valued based on the worth, prospective earning power and divi- estimated FMV of the donated property. prices of the exchange on which they are princi- dend-paying capacity, and other relevant pally dealt. This applies if these prices are pub- factors. If the comparable sales method is used to lished in a generally available listing or publica- determine the value of unimproved real prop- tion of general circulation. If this is not Other factors. Other relevant factors in- erty (land without significant buildings, struc- applicable, and the stocks or bonds are repor- clude: tures, or any other improvements that add to its ted on a composite listing of combined ex- • The nature and history of the business, es- value), the appraiser should consider the follow- changes in a publication of general circulation, pecially its recent history; ing factors when comparing the potential com- use the composite list. See also Unavailable pri- • The goodwill of the business; parable property and the donated property. ces, later. • The economic outlook in the particular in- • Location, size, and zoning or use restric- dustry; tions. Bid and asked prices on valuation date. If • The company's position in the industry, its • Accessibility and road frontage, and avail- there were no sales within a reasonable period competitors, and its management; and able utilities and water rights. before and after the valuation date, the FMV is • The value of securities of corporations en- • Riparian rights (right of access to and use the average price between the bona fide bid gaged in the same or similar business. of the water by owners of land on the bank and asked prices on the valuation date. For preferred stock, the most important factors of a river) and existing easements, are its yield, dividend coverage, and protection rights-of-way, leases, etc.. Example. Although there were no sales of of its liquidation preference. • Soil characteristics, vegetative cover, and Blue Corporation stock on the valuation date, You should keep complete financial and status of mineral rights. bona fide bid and asked prices were available other information on which the valuation is • Other factors affecting value. on that date of $14 and $16, respectively. The based. This includes copies of reports of exami- FMV is $15, the average price between the bid nations of the company made by accountants, For each comparable sale, the appraisal and asked prices. engineers, or any technical experts on or close must include the names of the buyer and seller, No prices on valuation date. If there to the valuation date. the deed book and page number, the date of were no prices available on the valuation date, sale and selling price, a property description, you determine FMV by taking the average pri- Restricted securities. Some classes of stock the amount and terms of mortgages, property ces between the bona fide bid and asked prices cannot be traded publicly because of restric- surveys, the assessed value, the tax rate, and on the closest trading date before and after the tions imposed by the Securities and Exchange the assessor's appraised FMV. valuation date. Both dates must be within a rea- Commission, or by the corporate charter or a sonable period. Then you weight these aver- trust agreement. These restricted securities The comparable selling prices must be ad- ages in inverse order by the respective number usually trade at a discount in relation to freely justed to account for differences between the of trading days between the bid and asked traded securities. sale property and the donated property. Be- dates and the valuation date. To arrive at the FMV of restricted securities, cause differences of opinion may arise between factors that you must consider include the re- appraisers as to the degree of comparability Example. On the day you gave stock to a sale provisions found in the restriction agree- and the amount of the adjustment considered qualified organization, no prices were available. ments, the relative negotiating strengths of the necessary for comparison purposes, an ap- Bona fide bid and asked prices 3 days before buyer and seller, and the market experience of praiser should document each item of adjust- the valuation date were $10 and 2 days after freely traded securities of the same class as the ment. the valuation date were $15. The FMV on the restricted securities. valuation date is $13, figured as follows. Only comparable sales having the least ad- justments in terms of items and/or total dollar Real Estate adjustments should be considered as compara- [(2 x $10) + (3 x $15)] ÷ 5 = $13 ble to the donated property. Because each piece of real estate is unique and Prices only before or after valuation date, its valuation is complicated, a detailed appraisal 2. Capitalization of Income but not both. If no selling prices or bona fide by a professional appraiser is necessary. bid and asked prices are available on a date This method capitalizes the net income from the within a reasonable period before the valuation The appraiser must be thoroughly trained in property at a rate that represents a fair return on date, but are available on a date within a rea- the application of appraisal principles and the particular investment at the particular time, sonable period after the valuation date, or vice theory. In some instances, the opinions of considering the risks involved. The key ele- versa, then the average price between the high- equally qualified appraisers may carry unequal ments are the determination of the income to be est and lowest of such available prices may be weight, such as when one appraiser has a bet- capitalized and the rate of capitalization. treated as the value. ter knowledge of local conditions. Large blocks of stock. When a large block of The appraisal report must contain a com- 3. Replacement Cost New or stock is put on the market, it may lower the sell- plete description of the property, such as street Reproduction Cost Minus ing price of the stock if the supply is greater address, legal description, and lot and block Observed Depreciation than the demand. On the other hand, market number, as well as physical features, condition, forces may exist that will afford higher prices for and dimensions. The use to which the property This method, used alone, usually does not re- large blocks of stock. Because of the many fac- is put, zoning and permitted uses, and its po- sult in a determination of FMV. Instead, it gener- tors to be considered, determining the value of tential use for other higher and better uses are ally tends to set the upper limit of value, particu- large blocks of stock usually requires the help of also relevant. larly in periods of rising costs, because it is experts specializing in underwriting large quan- reasonable to assume that an informed buyer tities of securities or in trading in the securities In general, there are three main approaches will not pay more for the real estate than it of the industry of which the particular company to the valuation of real estate. An appraisal may would cost to reproduce a similar property. Of is a part. require the combined use of two or three meth- course, this reasoning does not apply if a simi- ods rather than one method only. lar property cannot be created because of loca- tion, unusual construction, or some other Page 6 Publication 561 (January 2023) |
Page 7 of 15 Fileid: … ons/p561/202301/a/xml/cycle06/source 19:25 - 9-Mar-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. reason. Generally, this method serves to sup- Interest rate. The applicable interest rate var- death benefit) and there was no insurance ele- port the value determined from other methods. ies. It is announced monthly in a news release ment when it was transferred to the charity, the When the replacement cost method is applied and published in the Internal Revenue Bulletin policy is treated as an annuity contract. to improved realty, the land and improvements as a Revenue Ruling. The interest rate to use is are valued separately. under the heading “Rate Under Section 7520” for a given month and year. You can call the Partial Interest in Property The replacement cost of a building is figured IRS office at 800-829-1040 to obtain this rate. Not in Trust by considering the materials, the quality of workmanship, and the number of square feet or Actuarial tables. You need to refer to actua- Generally, no deduction is allowed for a charita- cubic feet in the building. This cost represents rial tables to determine a qualified interest in the ble contribution, not made in trust, of less than the total cost of labor and material, overhead, form of an annuity, any interest for life or a term your entire interest in property. However, this and profit. After the replacement cost has been of years, or any remainder interest to a charita- does not apply to a transfer of less than your figured, consideration must be given to the fol- ble organization. entire interest if it is a transfer of: lowing factors. Use the valuation tables set forth in IRS Pub • A remainder interest in your personal resi- • Physical deterioration—the wear and tear 1457, Actuarial Valuations, Version 3A; and dence or farm, on the building itself. Pub 1458, Actuarial Valuations, Version 3B. • An undivided part of your entire interest in • Functional obsolescence—usually in older Both of these publications provide tables con- property, or buildings with, for example, inadequate taining actuarial factors to be used in determin- • A qualified conservation contribution. lighting, plumbing, or heating; small rooms; ing the present value of an annuity, an interest or a poor floor plan. for life or a term of years, or a remainder or re- Remainder Interest in Real • Economic obsolescence—outside forces versionary interest. For qualified charitable Property causing the whole area to become less de- transfers, you can use the factor for the month sirable. in which you made the contribution or for either The amount of the deduction for a donation of a of the 2 months preceding that month. remainder interest in real property is the FMV of Pub. 1457 also contains actuarial factors for the remainder interest at the time of the contri- Interest in a Business computing the value of a remainder interest in a bution. To determine this value, you must know charitable remainder annuity trust and a pooled the FMV of the property on the date of the con- The FMV of any interest in a closely held busi- income fund. Pub. 1458 contains the factors for tribution. Multiply this value by the appropriate ness (whether a sole proprietorship or a busi- valuing the remainder interest in a charitable re- factor. Pubs. 1457 and 1458 contain these fac- ness taxed as a corporation or partnership) is mainder unitrust. You can download Pubs 1457 tors. the amount that a willing buyer would pay for and 1458 from IRS.gov. Tables containing ac- the interest to a willing seller after consideration tuarial factors for transfers to pooled income You must make an adjustment for deprecia- of all relevant factors. Because of the many fac- funds may also be found in Regulations section tion or depletion using the factors shown in Pub. tors to be considered in determining the FMV of 1.642(c)-6(e)(6), transfers to charitable remain- 1459, Actuarial Valuations, Version 3C. You an interest in a closely held business, the help der unitrusts in Regulations section 1.664-4(e), can use the factors for the month in which you of experts is usually required. Such a determi- and other transfers in Regulations section made the contribution or for either of the 2 nation requires the consideration of all available 20.2031-7(d)(6). months preceding that month. See on Annui- financial data, as well as all relevant factors af- ties, Interests for Life or Terms of Years, Re- fecting FMV. The following factors, although not Special factors. If you need a special factor mainders, and Reversions, earlier. You can all-inclusive, may be helpful. for an actual transaction, you can request a let- download Pub. 1459 from IRS.gov. • The business's net worth and prospective ter ruling. Be sure to include the date of birth of earning power. each person the duration of whose life may af- For this purpose, the term “depreciable • The nature and history of the business. fect the value of the interest. Also include cop- property” means any property subject to wear • The economic outlook of the industry in ies of the relevant instruments. The IRS and tear or obsolescence, even if not used in a which the business operates. charges a user fee for providing special factors. trade or business or for the production of in- • The business's position in the industry, its For more information about requesting a rul- come. competitors, and its management. ing, see Revenue Procedure 2022-1 (or annual • The FMV of assets of the business includ- update). If the remainder interest includes both de- ing goodwill, if applicable. preciable and nondepreciable property, for ex- • The value of interests in businesses en- For information on the circumstances under gaged in the same or similar industries. which a charitable deduction may be allowed ample, a house and land, the FMV must be allo- for the donation of a partial interest in property cated between each kind of property at the time You should keep complete financial and not in trust, see Partial Interest in Property Not of the contribution. This rule also applies to a other information on which the valuation is in Trust, later. gift of a remainder interest that includes prop- based. This includes copies of reports of exami- erty that is part depletable and part not depleta- ble. Take into account depreciation or depletion nations of the business made by accountants, Certain Life Insurance and only for the property that is subject to deprecia- engineers, or any technical experts on or close to the valuation date. Annuity Contracts tion or depletion. The value of an annuity contract or a life insur- For more information, see Regulations sec- Annuities, Interests for Life ance policy issued by a company regularly en- tion 1.170A-12. or Terms of Years, gaged in the sale of such contracts or policies is the amount that company would charge for a Undivided Part of Your Entire Remainders, and Reversions comparable contract. Interest The value of these kinds of property is their But if the donee of a life insurance policy present value, except in the case of annuities may reasonably be expected to cash the policy A contribution of an undivided part of your entire under contracts issued by companies regularly rather than hold it as an investment, then the interest in property must consist of a part of engaged in their sale. The valuation of these FMV is the cash surrender value rather than the each and every substantial interest or right you commercial annuity contracts and of insurance replacement cost. own in the property. It must extend over the en- policies is discussed later under Certain Life In- tire term of your interest in the property. For ex- surance and Annuity Contracts. If an annuity is payable under a combination ample, you are entitled to the income from cer- annuity contract and life insurance policy (for tain property for your life (life estate) and you To determine present value, you must know example, a retirement income policy with a contribute 20% of that life estate to a qualified the applicable interest rate and use actuarial ta- organization. You can claim a deduction for the bles. contribution if you do not have any other Publication 561 (January 2023) Page 7 |
Page 8 of 15 Fileid: … ons/p561/202301/a/xml/cycle06/source 19:25 - 9-Mar-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. interest in the property. To figure the value of a 2. You and the organization receiving the is that the property, without the easement, contribution involving a partial interest, see Pub. contribution must enter into a written would be developed. In determining whether 1457. agreement certifying that the organization the property could be developed, you must also is a qualified organization and that it has consider any zoning, conservation, or historical If the only interest you own in real property is the resources and commitment to maintain preservation laws that would already restrict the a remainder interest and you transfer part of the property as donated. property's potential highest and best use. that interest to a qualified organization, see the Finally, if a potential highest and best use is previous discussion on valuation of a remainder 3. If you make the contribution, you must in- interest in real property. clude with your return: being considered that would require a change in zoning or other restrictions on the property, a. A qualified appraisal; you must address whether it is reasonably Qualified Conservation b. Photographs of the building's entire probable that such a change would be permit- Contribution exterior; and ted. Granting a conservation easement may in- crease, rather than reduce, the value of prop- A qualified conservation contribution is a contri- c. A description of all restrictions on de- erty, and in such a situation no deduction would bution of a qualified real property interest to a velopment of the building, such as be allowed. qualified organization to be used only for con- zoning laws and restrictive covenants. Example. You own 10 acres of farmland. servation purposes. If you claim a deduction of more than Similar land in the area has an FMV of $2,000 $10,000, your deduction will not be allowed un- an acre. However, land in the general area that Qualified organization. For purposes of a less you pay a $500 filing fee. See Form is restricted solely to farm use has an FMV of qualified conservation contribution, a qualified 8283-V, and its instructions. $1,500 an acre. Your county wants to preserve organization is: open space and prevent further development in • A governmental unit; Qualified real property interest. This is any your area. • A publicly supported charitable, religious, of the following interests in real property. You grant to the county an enforceable open scientific, literary, educational, etc., organi- zation; or 1. Your entire interest in real estate other space easement in perpetuity on 8 of the 10 • An organization that is controlled by, and than a mineral interest (subsurface oil, acres, restricting its use to farmland. The value operated for the exclusive benefit of, a gas, or other minerals, and the right of ac- of this easement is $4,000, determined as fol- governmental unit or a publicly supported cess to these minerals). lows. charity. 2. A remainder interest. FMV of the property before The organization must also have a commitment 3. A restriction (granted in perpetuity) on the granting easement: to protect the conservation purposes of the use that may be made of the real property. $2,000 × 10 acres . . . . . . . . . . . . . . . . $20,000 donation and must have the resources to en- FMV of the property after granting easement: force the restrictions. Valuation. A qualified real property interest $1,500 × 8 acres . . . . . . . . . $12,000 described in (1) consists of the following. $2,000 × 2 acres . . . . . . . . . 4,000 16,000 Conservation purposes. Your contribution • Your entire interest in real property with must be made only for one of the following con- you retaining a qualified mineral interest, or Value of easement . . . . . . . . . . $4,000 servation purposes. your entire interest in the real property • Preserving land areas for outdoor recrea- when someone else owns the qualified If you later transfer in fee your remaining in- tion by, or for the education of, the general mineral interest and the probability of sur- terest in the 8 acres to another qualified organi- public. face mining occurring is so remote as to be zation, the FMV of your remaining interest is the • Protecting a relatively natural habitat of negligible. A qualified mineral interest FMV of the 8 acres reduced by the FMV of the fish, wildlife, or plants, or a similar ecosys- gives you the right to access subsurface easement granted to the first organization. tem. oil, gas, or other minerals. You determine • Preserving open space, including farmland the FMV of the real property absent the More information. For more information and forest land, if it yields a significant pub- qualified mineral interest in the same man- about qualified conservation contributions, see lic benefit. It must be either for the scenic ner that you determine the FMV of real es- Pub. 526. enjoyment of the general public or under a tate. See Real Estate, earlier. clearly defined federal, state, or local gov- • A remainder interest in real property. You ernmental conservation policy. determine the FMV of a remainder interest Substantiation of • Preserving a historically important land in real property as directed earlier under area or a certified historic structure. There Remainder Interest in Real Property. Noncash Charitable must be some visual public access to the • A conservation restriction (granted in per- Contributions property. Factors used in determining the petuity) on the use which may be made of type and amount of public access required real property. What you need to substantiate your deduction include the historical significance of the property, the remoteness or accessibility of The value of the charitable contribution of a depends upon the property being donated and the site, and the extent to which intrusions perpetual conservation restriction (conservation the claimed value of this property. There are on the privacy of individuals living on the easement) is the FMV of the easement at the three types of documents that may be required property would be unreasonable. time of the contribution. In determining the FMV in order to substantiate your contribution. of a conservation easement, if there is a sub- • Contemporaneous Written Acknowledg- Building in registered historic district. A stantial record of arm's–length sales of conser- ment (CWA). contribution of a qualified real property interest vation easements on other properties that are • Form 8283. that is an easement or other restriction on the the same as or very similar to the donated con- • An appraisal, which in some cases must exterior of a building in a registered historic dis- servation easement, you must take into account be a “qualified appraisal,” completed by a trict is deductible only if it meets all of the fol- the selling price of these easements. If there are “qualified appraiser.” lowing three conditions. no comparable sales, the FMV of the conserva- tion easement is generally determined indirectly CWA. You must get a CWA from the charity to 1. The restriction must preserve the entire as the difference between the FMVs of the which you contributed property on or before the exterior of the building and must prohibit property before and after the grant of the con- earlier of the date on which you file a return re- any change to the exterior of the building servation easement. The FMV of the property porting the donation or the due date (including that is inconsistent with its historical char- before the grant of the conservation easement extensions) for filing such return. The CWA acter. must take into account not only the current use must include a description (but not value) of the of the property but also an objective assess- property donated and whether the charity gave ment of how immediate or remote the likelihood you any goods or services in exchange for the Page 8 Publication 561 (January 2023) |
Page 9 of 15 Fileid: … ons/p561/202301/a/xml/cycle06/source 19:25 - 9-Mar-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. property you donated. If the charity did give you Donation less than $5,000. If you give prop- circulation throughout the United States, any goods or services, the CWA must contain a erty worth less than $250 to charity, you should not later than the last day of the month fol- description and good faith estimate of goods or obtain a receipt from the charity. The receipt lowing the end of the calendar quarter in services provided. Goods and services do not should include the charity's name and address, which the computation period ends, include intangible religious benefits that are not and the date you made the gift. If you give prop- • The issuer or agent keeps books and re- sold in a commercial setting. erty worth between $250 and $5,000, you must cords that list for each transaction during obtain a CWA. You must also substantiate the the computation period the date of settle- Form 8283. You must file a Form 8283 if the FMV you claim for the property. You may need ment of the transaction, the name and ad- amount of your deduction for each noncash to file a Form 8283. dress of the broker or dealer making the contribution is more than $500, and when you market in which the transaction occurred, donate certain publicly traded securities for Deduction over $500 for certain clothing or and the trading price and volume, and which market quotations are readily available; household items. You must include with your • The issuer or agent permits the IRS to re- certain intellectual property, like a patent; a ve- return a qualified appraisal prepared by a quali- view the books and records described in hicle for which you obtained a CWA meeting fied appraiser of any single item of clothing or the above bullet point with respect to trans- the requirements of section 170(f)(12)(B) (in- any household item that is not in good used actions during the computation period cluding a car, boat, or airplane) for which your condition or better, and for which you deduct upon receiving reasonable notice. deduction is limited to the gross proceeds from more than $500. Attach the appraisal and Form An interdealer quotation system is any sys- its sale; and inventory and other similar property 8283. See Household Items and Used Clothing, tem of general circulation to brokers and deal- described in section 1221(a)(1). You must also earlier. You must also obtain a CWA for this ers that regularly disseminates quotations of file a Form 8283 if you have a group of similar donation. obligations by two or more identified brokers or items for which a total deduction of over $500 is dealers who are not related to either the issuer claimed. See Form 8283, below. or agent who computes the average trading Similar items of property are items of the Deductions of More Than same general category or type, such as coin $5,000 price of the security. A quotation sheet pre- pared and distributed by a broker or dealer in collections, paintings, books, clothing, jewelry, the regular course of business and containing nonpublicly traded stock, land, or buildings. Generally, if the claimed deduction for an item only quotations of that broker or dealer is not an or group of similar items of donated property is Example. You claimed a deduction of more than $5,000, and was made after Decem- interdealer quotation system. $600 for inventory, $7,000 for publicly traded ber 31, 1984, you must get a qualified appraisal The average trading price is the average securities (quotations published daily), and signed and dated by a qualified appraiser, Form price of all transactions (weighted by volume), $6,000 for a collection of 15 books ($400 each). 8283, and attach Form 8283 to your tax return. other than original issue or redemption transac- There are exceptions, discussed later. You tions, conducted through a U.S. office of a Appraisal. Many, but not all, charitable contri- should keep the appraiser's report with your broker or dealer who maintains a market in the butions require a qualified appraisal completed written records. Records are discussed in Pub. issue of the security during the computation pe- by a qualified appraiser. See Qualified Ap- 526. You must also obtain a CWA for this dona- riod. Bid and asked quotations are not taken praiser and Qualified Appraisal, later. tion. into account. The computation period is weekly during A qualified appraisal is not required for the The phrase “similar items” means property October through December and monthly during donation of: of the same generic category or type (whether January through September. The weekly com- • Certain publicly traded securities for which or not donated to the same donee), such as putation periods during October through De- market quotations are readily available; stamps, coins, fine art, books, nonpublicly tra- cember begin with the first Monday in October • Certain intellectual property, like a patent; ded stock, nonpublicly traded securities other and end with the first Sunday following the last • A vehicle for which you obtained a CWA than nonpublicly traded stock, land, buildings, Monday in December. meeting the requirements of section 170(f) clothing, jewelry, furniture, household goods, (12)(B) (including a car, boat, or airplane) collectibles, or decorative arts. For example, if Deductions of More Than for which your deduction is limited to the you give books to three schools and you deduct $500,000 gross proceeds from its sale; $2,000, $2,500, and $900, respectively, your • Inventory and other similar property descri- claimed deduction is more than $5,000 for If you claim a deduction of more than $500,000 bed in section 1221(a)(1); and these books. You must get a qualified appraisal for a donation of property, you must attach a • Noncash property valued at less than of the books and for each school you must at- qualified appraisal of the property to your return. $5,000 unless the property is an item of tach a fully completed Form 8283, Section B, to This does not apply to contributions of cash, in- clothing or a household item that is not in your tax return. ventory, publicly traded stock, or intellectual good used condition for which you are property. claiming a value of more than $500. Publicly traded securities. Publicly tra- ded securities are: If you do not obtain a qualified appraisal The appraiser's opinion is never more valid • Listed on a stock exchange in which quo- and/or attach the appraisal to your return, if re- than the facts on which it is based; without tations are published on a daily basis, quired, you cannot deduct your contribution, un- these facts, it is simply a guess. • Regularly traded in a national or regional less your failure to attach the appraisal is due to over-the-counter market for which pub- reasonable cause and not to willful neglect. Even though a qualified appraisal by a quali- lished quotations are available, or fied appraiser is not required, you must support • Shares of an open-end investment com- the value you claim for the property you contrib- pany (mutual fund) for which quotations Qualified Appraisal ute to charity. For property like publicly traded are published on a daily basis in a newspa- securities for which market quotations are read- per of general circulation throughout the A qualified appraisal is an appraisal document ily available, you may not need an appraisal by United States. that meets the following requirements. an appraiser. When you need an appraisal by • The issue is regularly traded during the • Is made, signed, and dated by a qualified an appraiser to support the value of your deduc- computation period (defined later) in a appraiser (defined later) in accordance tion, more weight is given to an appraisal by an market for which there is an “interdealer with generally accepted appraisal stand- appraiser that satisfies most of the require- quotation system” (defined later), ards. ments of a qualified appraisal by a qualified ap- • The issuer or agent computes the “average • Meets the relevant requirements of Regu- praiser. trading price” (defined later) for the same lations section 1.170A-17(a). issue for the computation period, • Is signed by the qualified appraiser and Cost of appraisals. You may not take a chari- • The average trading price and total volume dated no earlier than 60 days before the table contribution deduction for fees you pay for of the issue during the computation period date of the contribution and no later than appraisals of your donated property. are published in a newspaper of general the due date, including extensions, of the Publication 561 (January 2023) Page 9 |
Page 10 of 15 Fileid: … ons/p561/202301/a/xml/cycle06/source 19:25 - 9-Mar-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. return on which the deduction for the con- other disposition of the donated property, 4. A professional quality image of the object. tribution is first claimed. For an appraisal including, for example, the terms of any 5. The facts on which the appraisal was report dated before the date of the contri- agreement or understanding that: based, such as: bution, the valuation effective date must be a. Temporarily or permanently restricts a a. Sales or analyses of similar works by no earlier than 60 days before the date of donee's right to use or dispose of the the artist, particularly on or around the the contribution and no later than the date donated property; valuation date; of the contribution. For an appraisal report dated on or after the date of the contribu- b. Earmarks donated property for a par- b. A record of any exhibitions at which tion, the valuation effective date must be ticular use; or the specific art object had been dis- the date of the contribution. c. Reserves to, or confers upon, anyone played; • Does not involve a prohibited appraisal (other than a donee organization or an c. The economic state of the art market fee. organization participating with a do- at the time of valuation, particularly You must receive the qualified appraisal be- nee organization in cooperative fund- with respect to the specific property; fore the due date, including extensions, of the raising) any right to the income from and return on which a charitable contribution deduc- the donated property or to the pos- tion is first claimed for the donated property. If session of the property, including the d. The standing of the artist in their pro- the deduction is first claimed on an amended right to vote donated securities, to ac- fession and in the particular school or return, the qualified appraisal must be received quire the property by purchase or oth- time period. before the date on which the amended return is erwise, or to designate the person filed. having the income, possession, or Number of qualified appraisals. A sepa- right to acquire the property. rate qualified appraisal is required for each item of property that is not included in a group of Form 8283 must be completed and attached 5. The name, address, and taxpayer identifi- similar items of property. You need only one to your tax return. Generally, you do not need to cation number (TIN) of the qualified ap- qualified appraisal for a group of similar items of attach the qualified appraisal itself, but you praiser and, if the appraiser is a partner, property contributed in the same tax year, but should keep a copy as long as it may be rele- an employee, or an independent contrac- you may get separate appraisals for each item. vant under the tax law. There are four excep- tor engaged by a person other than the A qualified appraisal for a group of similar items tions. donor, the name, address, and taxpayer must provide all of the required information for • If you claim a deduction of $20,000 or identification number of the partnership or each item of similar property. The appraiser, more for donations of art, you should at- the person who employs or engages the however, may provide a group description for tach a complete copy of the appraisal. See appraiser. selected items the total value of which is not Paintings, Antiques, and Other Objects of more than $100. Art, earlier. 6. The qualifications of the qualified ap- • If you claim a deduction of more than praiser who signs the appraisal to value Qualified appraiser. A qualified appraiser is $500,000 for a donation of property, you the type of property being valued, includ- an individual with verifiable education and ex- must attach the appraisal. See Deductions ing the appraiser's background, experi- perience in valuing the type of property for of More Than $500,000, earlier. ence, education, and any membership in which the appraisal is performed. • If you claim a deduction of more than $500 professional appraisal associations. for an article of clothing, or a household 7. A statement that the appraisal was pre- 1. The individual: item, that is not in good used condition or pared for income tax purposes. a. Has earned an appraisal designation better, you must attach the appraisal. See from a generally recognized profes- Deduction over $500 for certain clothing or 8. The declaration required by Regulations sional appraiser organization, for the household items, earlier. section 1.170A-17(3)(iv). type of property being valued; or • If you claim a deduction for an easement or 9. The appraised FMV on the date (or expec- b. Has met certain minimum education other restriction on the exterior of a build- ted date) of contribution. requirements and 2 or more years of ing in a historic district, you must attach the appraisal. See Building in registered his- 10. The method of valuation used to deter- experience in valuing the type of prop- toric district, earlier. mine FMV, such as the sales comparison erty being valued. To meet the mini- approach, cost approach, or income ap- mum education requirement the indi- Prohibited appraisal fee. Generally, no part proach. vidual must have successfully of the fee arrangement for a qualified appraisal 11. The specific basis for the valuation, such completed professional or col- can be based on a percentage of the appraised as any specific comparable sales transac- lege-level coursework obtained from: value of the property. If a fee arrangement is tion. i. A professional or college-level based on what is allowed as a deduction, after educational organization, IRS examination or otherwise, it is treated as a Art objects. The following are examples of fee based on a percentage of appraised value. information that should be included in a de- ii. A professional trade or appraiser scription of donated property. These examples organization that regularly offers Information included in qualified appraisal. are for art objects. A similar detailed breakdown educational programs in valuing A qualified appraisal must include the following should be given for other property. Appraisals the type of property, or information. of art objects—paintings in particular—should iii. An employer as part of an em- 1. A description of the property in sufficient include all of the following. ployee apprenticeship or educa- detail for a person who is not generally fa- 1. A complete description of the object, indi- tion program similar to professio- miliar with the type of property to deter- cating the: nal or college-level courses. mine that the property appraised is the 2. The individual regularly prepares apprais- property that was (or will be) contributed. a. Size, als for which they are paid. 2. The physical condition of any tangible per- b. Subject matter, 3. The individual is not an excluded individ- sonal property or real property. c. Medium, ual(defined later). 3. The date (or expected date) of contribu- d. Name of the artist (or culture), and In addition, the appraiser must make a dec- tion (valuation effective date). laration in the appraisal that, because of their e. Approximate date created. 4. The terms of any agreement or under- 2. The cost, date, and manner of acquisition. background, experience, education, and mem- standing entered into (or expected to be bership in professional associations, they are entered into) by or on behalf of the donor 3. A history of the item, including proof of au- qualified to make appraisals of the type of and donee that relates to the use, sale, or thenticity. property being valued. The appraiser must Page 10 Publication 561 (January 2023) |
Page 11 of 15 Fileid: … ons/p561/202301/a/xml/cycle06/source 19:25 - 9-Mar-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. complete the Declaration of Appraiser section 2. The appraisal resulted in: Responsibility of the IRS. The IRS is respon- on Form 8283, Section B. More than one ap- a. A substantial valuation misstatement, sible for reviewing appraisals, but it is not re- praiser may appraise the property, provided sponsible for making them. Supporting the FMV that each complies with the requirements, in- b. A substantial estate or gift valuation listed on your return is your responsibility. cluding signing the qualified appraisal and the understatement, or The IRS does not accept appraisals without Declaration of Appraiser section on Form 8283, c. A gross valuation misstatement. question. The IRS does not recognize any Section B. Excluded individuals. The following indi- The penalty imposed on the appraiser is the particular appraiser or organization of apprais- viduals cannot be qualified appraisers for the smaller of: ers. donated property. 1. The greater of: Timing of IRS action. The IRS generally 1. The donor of the property or the taxpayer a. 10% of the underpayment due to the does not approve valuations or appraisals be- who claims the deduction. misstatement, or fore the actual filing of the tax return to which the appraisal applies. In addition, the IRS gen- 2. The donee of the property. b. $1,000; or erally does not issue advance rulings approving 3. A party to the transaction in which the do- 2. 125% of the gross income received for the or disapproving such appraisals. nor acquired the property being appraised, appraisal. Exception. For a request submitted as de- unless the property is donated within 2 scribed earlier under Art valued at $50,000 or months of the date of acquisition and its No penalty is imposed if the appraiser can appraised value is not more than its ac- establish that the appraisal’s value is more more, the IRS will issue a Statement of Value quisition price. This applies to the person likely than not correct. that can be relied on by the donor of the item of who sold, exchanged, or gave the prop- In addition, any appraiser who falsely or art. erty to the donor, or any person who acted fraudulently overstates the value of property de- as an agent for the transferor or donor in scribed in a qualified appraisal of a Form 8283 the transaction. that the appraiser has signed may be subject to Penalty a civil penalty for aiding and abetting as under- 4. Any person employed by any of the above statement of tax liability, and may have their ap- You may be liable for a penalty if you misstate persons. For example, if the donor ac- praisal disregarded. the value or adjusted basis of donated property. quired a painting from an art dealer, nei- ther the dealer nor persons employed by 20% penalty. The penalty is 20% of the un- the dealer can be qualified appraisers for Form 8283 derpayment of tax related to the misstatement that painting. if: Generally, if the claimed deduction for an item • The value or adjusted basis claimed on the 5. Any person related under section 267(b) of donated property is more than $5,000, you return is 150% or more of the correct of the Internal Revenue Code to any of the must attach Form 8283 to your tax return and amount, and above persons or married to a person rela- complete Section B. • You underpaid your tax by more than ted under section 267(b) to any of the above persons. If you do not attach Form 8283 to your return $5,000 because of the misstatement. and complete Section B, the deduction will not 6. An appraiser who appraises regularly for a be allowed unless your failure was due to rea- 40% penalty. The penalty is 40%, rather than person in (1), (2), or (3), and who does not sonable cause and not willful neglect, or was 20%, if: perform a majority of their appraisals due to a good faith omission. • The value or adjusted basis claimed on the made during their tax year for other per- return is 200% or more of the correct sons. You must attach a separate Form 8283 for amount, and 7. An individual who receives a prohibited each item of contributed property that is not part • You underpaid your tax by more than appraisal fee for the appraisal of the dona- of a group of similar items. If you contribute sim- $5,000 because of the misstatement. ted property. See Prohibited appraisal fee, ilar items of property to the same donee organi- earlier. zation, you need attach only one Form 8283 for those items. If you contribute similar items of How To Get Tax Help 8. An individual who is prohibited from prac- property to more than one donee organization, ticing before the IRS under section 330(c) you must attach a separate form for each do- If you have questions about a tax issue; need of title 31 of the United States Code at any nee. help preparing your tax return; or want to down- time during the 3 year period ending on ‐ load free publications, forms, or instructions, go the date the appraisal is signed by the in- to IRS.gov to find resources that can help you dividual. IRS Review of Appraisals right away. In addition, an individual is not a qualified In reviewing an income tax return, the IRS may Preparing and filing your tax return. After appraiser for a particular donation if the donor accept the claimed value of the donated prop- receiving all your wage and earnings state- had knowledge of facts that would cause a rea- erty, based on information or appraisals sent ments (Forms W-2, W-2G, 1099-R, 1099-MISC, sonable person to expect the appraiser to with the return, or may make its own determina- 1099-NEC, etc.); unemployment compensation falsely overstate the value of the donated prop- tion of FMV. In either case, the IRS may: statements (by mail or in a digital format) or erty. For example, if the donor and the ap- • Contact the taxpayer to get more informa- other government payment statements (Form praiser make an agreement concerning the tion; 1099-G); and interest, dividend, and retirement amount at which the property will be valued, • Refer the valuation problem to an IRS ap- statements from banks and investment firms and the donor knows that amount is more than praiser or valuation specialist; (Forms 1099), you have several options to the FMV of the property, the appraiser is not a • Refer the issue to Art Appraisal Services choose from to prepare and file your tax return. qualified appraiser for the donation. (AAS), a department of professional ap- You can prepare the tax return yourself, see if Appraiser penalties. An appraiser who praisers who consults with the Commis- you qualify for free tax preparation, or hire a tax prepares an incorrect appraisal may have to sioner's Art Advisory Panel, a group of in- professional to prepare your return. pay a penalty if: dependent dealers and curators. A referral to AAS is mandatory for fine and decora- Free options for tax preparation. Go to 1. The appraiser knows or reasonably should tive art valued at $50,000 or more; or IRS.gov to see your options for preparing and have known the appraisal would be used • Contract with an independent appraiser to in connection with a return or claim for re- appraise the property when the objects re- fund,; and quire appraisers of highly specialized ex- perience and knowledge. Publication 561 (January 2023) Page 11 |
Page 12 of 15 Fileid: … ons/p561/202301/a/xml/cycle06/source 19:25 - 9-Mar-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. filing your return online or in your local commun- Watching IRS videos. The IRS Video portal ity, if you qualify, which include the following. • IRS.gov/Help: A variety of tools to help you (IRSVideos.gov) contains video and audio pre- get answers to some of the most common sentations for individuals, small businesses, • Free File. This program lets you prepare tax questions. and tax professionals. and file your federal individual income tax • IRS.gov/ITA: The Interactive Tax Assistant, return for free using brand-name tax-prep- a tool that will ask you questions and, Online tax information in other languages. aration-and-filing software or Free File filla- based on your input, provide answers on a You can find information on IRS.gov/ ble forms. However, state tax preparation number of tax law topics. MyLanguage if English isn’t your native lan- may not be available through Free File. Go • IRS.gov/Forms: Find forms, instructions, guage. to IRS.gov/FreeFile to see if you qualify for and publications. You will find details on free online federal tax preparation, e-filing, the most recent tax changes and interac- Free Over-the-Phone Interpreter (OPI) Serv- and direct deposit or payment options. tive links to help you find answers to your ice. The IRS is committed to serving our multi- • VITA. The Volunteer Income Tax Assis- questions. lingual customers by offering OPI services. The tance (VITA) program offers free tax help • You may also be able to access tax law in- OPI Service is a federally funded program and to people with low-to-moderate incomes, formation in your electronic filing software. is available at Taxpayer Assistance Centers persons with disabilities, and limited-Eng- lish-speaking taxpayers who need help (TACs), other IRS offices, and every VITA/TCE preparing their own tax returns. Go to Need someone to prepare your tax return? return site. The OPI Service is accessible in IRS.gov/VITA, download the free IRS2Go There are various types of tax return preparers, more than 350 languages. app, or call 800-906-9887 for information including enrolled agents, certified public ac- on free tax return preparation. countants (CPAs), accountants, and many oth- Accessibility Helpline available for taxpay- • TCE. The Tax Counseling for the Elderly ers who don’t have professional credentials. If ers with disabilities. Taxpayers who need in- (TCE) program offers free tax help for all you choose to have someone prepare your tax formation about accessibility services can call taxpayers, particularly those who are 60 return, choose that preparer wisely. A paid tax 833-690-0598. The Accessibility Helpline can years of age and older. TCE volunteers preparer is: answer questions related to current and future specialize in answering questions about • Primarily responsible for the overall sub- accessibility products and services available in pensions and retirement-related issues stantive accuracy of your return, alternative media formats (for example, braille, unique to seniors. Go to IRS.gov/TCE, • Required to sign the return, and large print, audio, etc.). The Accessibility Help- download the free IRS2Go app, or call • Required to include their preparer tax iden- line does not have access to your IRS account. 888-227-7669 for information on free tax tification number (PTIN). For help with tax law, refunds, or account-rela- return preparation. ted issues, go to IRS.gov/LetUsHelp. • MilTax. Members of the U.S. Armed Although the tax preparer always signs the Forces and qualified veterans may use Mil- return, you're ultimately responsible for provid- Note. Form 9000, Alternative Media Prefer- Tax, a free tax service offered by the De- ing all the information required for the preparer ence, or Form 9000(SP) allows you to elect to partment of Defense through Military One- to accurately prepare your return. Anyone paid receive certain types of written correspondence Source. For more information, go to to prepare tax returns for others should have a in the following formats. MilitaryOneSource MilitaryOneSource.mil/ ( thorough understanding of tax matters. For • Standard Print. MilTax). more information on how to choose a tax pre- • Large Print. Also, the IRS offers Free Fillable parer, go to Tips for Choosing a Tax Preparer Forms, which can be completed online and on IRS.gov. • Braille. then filed electronically regardless of in- • Audio (MP3). come. Coronavirus. Go to IRS.gov/Coronavirus for links to information on the impact of the corona- • Plain Text File (TXT). Using online tools to help prepare your re- virus, as well as tax relief available for individu- • Braille Ready File (BRF). turn. Go to IRS.gov/Tools for the following. als and families, small and large businesses, • The Earned Income Tax Credit Assistant and tax-exempt organizations. Disasters. Go to Disaster Assistance and (IRS.gov/EITCAssistant) determines if Emergency Relief for Individuals and you’re eligible for the earned income credit Employers can register to use Business Businesses to review the available disaster tax (EIC). Services Online. The Social Security Adminis- relief. • The Online EIN Application IRS.gov/EIN ( ) tration (SSA) offers online service at SSA.gov/ helps you get an employer identification employer for fast, free, and secure online W-2 Getting tax forms and publications. Go to number (EIN) at no cost. filing options to CPAs, accountants, enrolled IRS.gov/Forms to view, download, or print all • The Tax Withholding Estimator IRS.gov/ ( agents, and individuals who process Form W-2, the forms, instructions, and publications you W4app) makes it easier for you to estimate Wage and Tax Statement, and Form W-2c, may need. Or, you can go to IRS.gov/ the federal income tax you want your em- Corrected Wage and Tax Statement. OrderForms to place an order. ployer to withhold from your paycheck. This is tax withholding. See how your with- IRS social media. Go to IRS.gov/SocialMedia Getting tax publications and instructions in holding affects your refund, take-home to see the various social media tools the IRS eBook format. You can also download and pay, or tax due. uses to share the latest information on tax view popular tax publications and instructions changes, scam alerts, initiatives, products, and (including the Instructions for Form 1040) on • The First-Time Homebuyer Credit Account services. At the IRS, privacy and security are mobile devices as eBooks at IRS.gov/eBooks. Look-up IRS.gov/HomeBuyer ( ) tool pro- our highest priority. We use these tools to share vides information on your repayments and public information with you. Don’t post your so- Note. IRS eBooks have been tested using account balance. cial security number (SSN) or other confidential Apple's iBooks for iPad. Our eBooks haven’t • The Sales Tax Deduction Calculator information on social media sites. Always pro- been tested on other dedicated eBook readers, (IRS.gov/SalesTax) figures the amount you tect your identity when using any social net- and eBook functionality may not operate as in- can claim if you itemize deductions on working site. tended. Schedule A (Form 1040). The following IRS YouTube channels pro- Getting answers to your tax ques- vide short, informative videos on various tax-re- Access your online account (individual tax- tions. On IRS.gov, you can get lated topics in English, Spanish, and ASL. payers only). Go to IRS.gov/Account to se- up-to-date information on current • Youtube.com/irsvideos. curely access information about your federal tax events and changes in tax law. • Youtube.com/irsvideosmultilingua. account. • Youtube.com/irsvideosASL. • View the amount you owe and a break- down by tax year. Page 12 Publication 561 (January 2023) |
Page 13 of 15 Fileid: … ons/p561/202301/a/xml/cycle06/source 19:25 - 9-Mar-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. • See payment plan details or apply for a Ways to check on the status of your refund. show up in our system, and processing it can new payment plan. • Go to IRS.gov/Refunds. take up to 16 weeks. • Make a payment or view 5 years of pay- • Download the official IRS2Go app to your ment history and any pending or sched- mobile device to check your refund status. Understanding an IRS notice or letter uled payments. • Call the automated refund hotline at you’ve received. Go to IRS.gov/Notices to • Access your tax records, including key 800-829-1954. find additional information about responding to data from your most recent tax return, and an IRS notice or letter. transcripts. Note. The IRS can’t issue refunds before • View digital copies of select notices from mid-February for returns that claimed the EIC or Note. You can use Schedule LEP (Form the IRS. the additional child tax credit (ACTC). This ap- 1040), Request for Change in Language Prefer- • Approve or reject authorization requests plies to the entire refund, not just the portion as- ence, to state a preference to receive notices, from tax professionals. sociated with these credits. letters, or other written communications from • View your address on file or manage your the IRS in an alternative language. You may not communication preferences. Making a tax payment. Go to IRS.gov/ immediately receive written communications in Payments for information on how to make a the requested language. The IRS’s commitment Tax Pro Account. This tool lets your tax pro- payment using any of the following options. to LEP taxpayers is part of a multi-year timeline fessional submit an authorization request to ac- • IRS Direct Pay: Pay your individual tax bill that is scheduled to begin providing translations cess your individual taxpayer IRS online or estimated tax payment directly from in 2023. You will continue to receive communi- account. For more information, go to IRS.gov/ your checking or savings account at no cations, including notices and letters, in English TaxProAccount. cost to you. until they are translated to your preferred lan- • Debit or Credit Card: Choose an approved guage. Using direct deposit. The fastest way to re- payment processor to pay online or by ceive a tax refund is to file electronically and phone. Contacting your local IRS office. Keep in choose direct deposit, which securely and elec- • Electronic Funds Withdrawal: Schedule a mind, many questions can be answered on tronically transfers your refund directly into your payment when filing your federal taxes us- IRS.gov without visiting an IRS TAC. Go to financial account. Direct deposit also avoids the ing tax return preparation software or IRS.gov/LetUsHelp for the topics people ask possibility that your check could be lost, stolen, through a tax professional. about most. If you still need help, IRS TACs destroyed, or returned undeliverable to the IRS. • Electronic Federal Tax Payment System: provide tax help when a tax issue can’t be han- Eight in 10 taxpayers use direct deposit to re- Best option for businesses. Enrollment is dled online or by phone. All TACs now provide ceive their refunds. If you don’t have a bank ac- required. service by appointment, so you’ll know in ad- count, go to IRS.gov/DirectDeposit for more in- • Check or Money Order: Mail your payment vance that you can get the service you need formation on where to find a bank or credit to the address listed on the notice or in- without long wait times. Before you visit, go to union that can open an account online. structions. IRS.gov/TACLocator to find the nearest TAC • Cash: You may be able to pay your taxes and to check hours, available services, and ap- Getting a transcript of your return. The with cash at a participating retail store. pointment options. Or, on the IRS2Go app, un- quickest way to get a copy of your tax transcript • Same-Day Wire: You may be able to do der the Stay Connected tab, choose the Con- is to go to IRS.gov/Transcripts. Click on either same-day wire from your financial institu- tact Us option and click on “Local Offices.” “Get Transcript Online” or “Get Transcript by tion. Contact your financial institution for Mail” to order a free copy of your transcript. If availability, cost, and time frames. you prefer, you can order your transcript by call- The Taxpayer Advocate ing 800-908-9946. Note. The IRS uses the latest encryption Service (TAS) Is Here To technology to ensure that the electronic pay- Help You Reporting and resolving your tax-related ments you make online, by phone, or from a identity theft issues. mobile device using the IRS2Go app are safe What Is TAS? • Tax-related identity theft happens when and secure. Paying electronically is quick, easy, someone steals your personal information and faster than mailing in a check or money or- TAS is an independent organization within the to commit tax fraud. Your taxes can be af- der. IRS that helps taxpayers and protects taxpayer fected if your SSN is used to file a fraudu- rights. Their job is to ensure that every taxpayer lent return or to claim a refund or credit. What if I can’t pay now? Go to IRS.gov/ is treated fairly and that you know and under- • The IRS doesn’t initiate contact with tax- Payments for more information about your op- stand your rights under the Taxpayer Bill of payers by email, text messages (including tions. Rights. shortened links), telephone calls, or social • Apply for an online payment agreement media channels to request or verify per- (IRS.gov/OPA) to meet your tax obligation How Can You Learn About Your sonal or financial information. This in- in monthly installments if you can’t pay Taxpayer Rights? cludes requests for personal identification your taxes in full today. Once you complete numbers (PINs), passwords, or similar in- the online process, you will receive imme- The Taxpayer Bill of Rights describes 10 basic formation for credit cards, banks, or other diate notification of whether your agree- rights that all taxpayers have when dealing with financial accounts. ment has been approved. the IRS. Go to TaxpayerAdvocate.IRS.gov to • Go to IRS.gov/IdentityTheft, the IRS Iden- • Use the Offer in Compromise Pre-Qualifier help you understand what these rights mean to tity Theft Central webpage, for information to see if you can settle your tax debt for you and how they apply. These are your rights. on identity theft and data security protec- less than the full amount you owe. For Know them. Use them. tion for taxpayers, tax professionals, and more information on the Offer in Compro- businesses. If your SSN has been lost or mise program, go to IRS.gov/OIC. What Can TAS Do for You? stolen or you suspect you’re a victim of tax-related identity theft, you can learn Filing an amended return. Go to IRS.gov/ what steps you should take. Form1040X for information and updates. TAS can help you resolve problems that you can’t resolve with the IRS. And their service is • Get an Identity Protection PIN (IP PIN). IP Checking the status of your amended re- free. If you qualify for their assistance, you will PINs are six-digit numbers assigned to tax- turn. Go to IRS.gov/WMAR to track the status be assigned to one advocate who will work with payers to help prevent the misuse of their of Form 1040-X amended returns. you throughout the process and will do every- SSNs on fraudulent federal income tax re- thing possible to resolve your issue. TAS can turns. When you have an IP PIN, it pre- Note. It can take up to 3 weeks from the help you if: vents someone else from filing a tax return date you filed your amended return for it to • Your problem is causing financial difficulty with your SSN. To learn more, go to IRS.gov/IPPIN. for you, your family, or your business; Publication 561 (January 2023) Page 13 |
Page 14 of 15 Fileid: … ons/p561/202301/a/xml/cycle06/source 19:25 - 9-Mar-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. • You face (or your business is facing) an these broad issues, report it to them at IRS.gov/ collection disputes. In addition, LITCs can pro- immediate threat of adverse action; or SAMS. vide information about taxpayer rights and re- • You’ve tried repeatedly to contact the IRS sponsibilities in different languages for individu- but no one has responded, or the IRS TAS for Tax Professionals als who speak English as a second language. hasn’t responded by the date promised. Services are offered for free or a small fee for eligible taxpayers. To find an LITC near you, go TAS can provide a variety of information for tax to TaxpayerAdvocate.IRS.gov/about-us/Low- How Can You Reach TAS? professionals, including tax law updates and Income-Taxpayer-Clinics-LITC or see IRS Pub. guidance, TAS programs, and ways to let TAS 4134, Low Income Taxpayer Clinic List. TAS has offices in every state, the District of know about systemic problems you’ve seen in Columbia, and Puerto Rico. Your local advo- your practice. cate’s number is in your local directory and at TaxpayerAdvocate.IRS.gov/Contact-Us. You can also call them at 877-777-4778. Low Income Taxpayer Clinics (LITCs) How Else Does TAS Help Taxpayers? LITCs are independent from the IRS. LITCs represent individuals whose income is below a TAS works to resolve large-scale problems that certain level and need to resolve tax problems affect many taxpayers. If you know of one of with the IRS, such as audits, appeals, and tax Page 14 Publication 561 (January 2023) |
Page 15 of 15 Fileid: … ons/p561/202301/a/xml/cycle06/source 19:25 - 9-Mar-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. To help us develop a more useful index, please let us know if you have ideas for index entries. Index See “Comments and Suggestions” in the “Introduction” for the ways you can reach us. Terms of purchase or sale 2 Replacement cost 3 A J Reversion interests 7 Aircraft 5 D Jewelry and gems 4 Annuities 7 Date of contribution 2 S Annuity contracts 7 Deductions of more than L Stamps 5 Antiques 4 $5,000 9 Statement of Value 11 Appraisals 9 Deductions of more than Life insurance 7 Stocks 5 Cost of 9 $500,000 9 IRS review of 11 M T Qualified appraisal 9 F Market conditions, effect on Appraiser 10 Fair market value 2 value 3 Tax help 11 Art objects 4 Comparable properties, sales U Valued at $20,000 or more 4 of 3 O Valued at $50,000 or more 4 Cost 2 Opinions of experts 3 Used clothing 4 9, Assistance (See Tax help) Date of contribution 2 Determining FMV 2 P V B Opinions of experts 3 Valuation of property 4 Boats 5 Problems in determining FMV 3 Paintings 4 Bonds 5 Replacement cost 3 Partial interest 7 Annuities 7 Books 5 Form 8283 11 Past events, effect on value 4 Cars, boats, and aircraft 5 Business, interest in 7 Formulas, use in valuing Patents 5 Collections 4 property 2 Penalties: Household goods 4 Future events, effect on value 3 Imposed on appraiser 11 Interest in a business 7 C Imposed on taxpayer 11 Inventory 5 Cars 5 H Publications (See Tax help) Jewelry and gems 4 Publicly traded securities 9 Life insurance and annuity Clothing, used 4 9, Historic building 8 contracts 7 Coins 5 Household goods 4 9, Paintings, antiques, art Collections 4 Q objects 4 Books 5 I Qualified appraisal 9 Partial interest in property 7 Coins 5 Qualified appraiser 10 Patents 5 Stamps 5 Interest in a business 7 Qualified conservation Real estate 6 Comparable properties, sales Inventory 5 contribution 8 Remainder interests 7 of 3 IRS review of appraisals 11 Reversion interests 7 Conservation contribution 8 Exception 11 R Stocks and bonds 5 Cost 2 Terms of years 7 Rate of increase or decrease 2 Real estate 6 Remainder interests 7 Used clothing 4 Publication 561 (January 2023) Page 15 |