Posts Tagged ‘Rules’

4-26-09 **the New Rules** May


April 26, 2009 – May

So here are the “new rules” everyone in case you missed the last “new rules” He has already taken those down. They were in the video titled “End of the first month”

Here is…

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Donating Cars To Charity – New Tax Rules

On June 3, 2005, the IRS released guidance on charitable deductions for donated vehicles. The American Jobs Creation Act (AJCA) radically changed the amount of the deduction taxpayers can claim for their donated car.

Fair Market Value v. Actual Sales Price

When donating a car to charity, a taxpayer traditionally was allowed to deduct the fair market value. The new law changes this valuation to the actual sales price of the vehicle when sold by the charity. The taxpayer is also required to get written and timely acknowledgment from the charity in order to claim the deduction

The AJCA does provide some limited exceptions under which a donor may claim a fair market value deduction. If the charity makes a significant intervening use of a vehicle–such as regular use to deliver meals on wheels– the donor may deduct the full fair market value. For example, driving a vehicle a total of 10,000 miles over a one-year period to deliver meals is a significant intervening use.

The AJCA also allows a donor to claim a fair market value deduction if the charity makes a material improvement to the vehicle. Under the guidance, a material improvement means major repairs that significantly increase the value of a vehicle, and not mere painting or cleaning.

Interestingly, the IRS has also added an exemption not included in the AJCA. On its own, the IRS has determined that taxpayers can claim a deduction for the fair market value of a donated vehicle if the charity gives or sells the vehicle at a significantly below-market price to a needy individual, as long as the transfer furthers the charitable purpose of helping a poor person in need of a means of transportation.

If you intend to assert one of these exemptions, how do you determine the fair market value? Generally, vehicle pricing guidelines and publications differentiate between trade-in, private-party, and dealer retail prices. The IRS consider the fair market value for vehicle donation purposes to be no higher than the private-party price.

The new provisions of the Americans Job Creation Act certainly make it less attractive to donate a car to charity. Using the exemptions, however, you can still create a sizeable deduction while helping others who are less fortunate.

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Car Donation to Charity, Rules Have Changed

A change in the last years made car donation charity less attractive for taxpayers, and delivered mixed results for charities that take cars. Some are reporting little or no change in the number or value of charitable auto donations for a tax deduction. Others say the changes have hurt their fundraising efforts. In one case the car donation charity that usually gets more than $12 million per year from the sales, saw the figure dropped to less than $7 million. As it stands now, the deduction a taxpayer can claim for car donation charity is limited to the amount for which the car sells at auction.

When donating to charity, taxpayers can deduct what they are able to document as the car’s fair market value. Because cars often sell for much less at auction than owners think they’re worth, deductions will be much less and the charity must notify the taxpayer of the amount the car sold for before a deduction can be realized, unless the car is worth less than $500. An exception is if your giving is to a car donation charity that is going to use the car and not sell it. Then you can deduct the fair market value for the charitable auto donations. Car donation charity feared lower deductions would scare people away. Some charities and firms that auction cars for charity think that the lower tax deduction won’t hurt donations and charity fundraising. That’s because most of the people who donate to charity don’t itemize, so they can’t take a deduction anyway.

Most people are participating in car donations to charity because of convenience. They don’t want to have to spend money to get the car in shape, to sell it. It is simple to participate at charitable auto donations! People like you and I, donate their cars to charity, and increase its funds, thus making a profound change in the overall standard of living of the neighborhood, and the nation. Your vehicle donation helps support a charity of your choice in their vital work. Theoretically, every charity may choose from a number of fundraising activities, including car donations, for financial support. Because of the substantial unit values, receiving car donations, and selling them for profit, is one of the favorite funds gathering models. How a charity operates a car donation program may have tax consequences. The program can affect the charity’s exempt status; and impact the tax-deductibility of the donor’s contribution. If any charity operates a car donation program in a manner that confers improper benefits on private parties, the charity’s exemption may be adversely affected. If the charity loses its exemption, its income is subject to tax, and it must file the appropriate federal income tax return. However, if the tax laws are adhered to, the program should not negatively impact on the charity’s tax-exempt status. Donors may deduct their contributions (if all legal requirements are met).

The car donation charity may hire a private, for-profit entity as an agent to operate its car donation program. Both of them must establish an agency relationship that is valid under the applicable state law. Generally, an agency relationship will be established where the parties agree that the for-profit entity will act on the charity’s behalf and that the for-profit entity’s activities covered by the agreement are subject to the charity’s audit. Accordingly, the charity should actively monitor program operations and have the right to review all contracts, establish rules of conduct, choose program operators, pre-approve all advertising materials, and examine the program’s financial records. Although it seems quite strict, the idea is to prevent any wasteful actions on part of the operator, that have the potential to reduce the net profits available for the charitable causes, and thus limit your impact, as a donor, on the beneficial work of your chosen nonprofit organization.

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Playing By The Rules?

Just Playing By The Rules
One day a man was waking along the beach when he tripped over a lamp. He turned around and kicked the lamp out of anger. A few seconds later, a genie popped out of the lamp, but the genie was angry that the man had kicked his lamp.
Reluctantly, the genie said, “Even though you kicked me, I still have to give you three wishes. However because of what you did, I will also give twice what you wish for to the person you hate the most: your boss.”
So the man agreed and made his first wish. “I want lots of money”, he said. Instantly 22 million dollars appear in the man’s bank account and 44 million appeared in his boss’ account.
For his second wish, the man wished for a couple of sports cars. Instantly a Lambergini, Ferrari and a Porsche appeared, but at the same time outside his boss’ house appeared two of each car.
Finally the genie said, “This is your last wish, you should choose carefully.”
The man thought and thought and then he finally replied, “I’ve always wanted to donate a kidney.”

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New Rules for Donating your Car to Charity

In prior years, if you wanted to donate your car or other vehicle to a charity, it was easy. All it took was to select the charity, give them a call and they would pick it up and the ownership documentation. This part is still easy and many charities advertise how easy this part is for you.

If you want to claim a tax deduction for that car donation however, the tax rules have changed a little. The reason for the changes were because people were over-estimating the value of vehicles then taking the higher amount off on their income taxes.

First, to even qualify for this tax deduction, you need to be itemizing deductions on your income tax. This effectively eliminates everyone using a 1040 short form, or 1040EZ or those who don’t itemize. Further charitable deduction cannot be greater than 50% of your total income. I don’t quite understand why this matters to the government but it’s in the rules. Further, the amount you can deduct for the contribution depends on what the charity does with vehicle donations. Check the IRS resource publication 4303 at www.irs.gov for more information and details. Now is a good time to state that I am not a tax attorney, accountant or make my living working with the tax code. For more specific information on donating you car to charity or other related questions, I suggest contacting a local tax professional.

A 500 dollar deduction is the threshold for increased paperwork requirements. If however your charitable gift is worth over the 500 dollar limit, you need acknowledgement documentation from the charity. This is typically given to you when they pick up the vehicle. This document must have the following information for you to claim any amount over the 500 dollar basic deduction.

  1. Your name and Taxpayer ID [usually your social security number]
  2. The vehicle Identification numbers
  3. Date of contribution
  4. An any one of these pieces of information. a) statement that no goods or services were received for the gift. OR b) a description and good faith estimate of anything received by the donor.

There are a few other details that should be included but this is the basic outline required.

The IRS also limits the value of the deduction to what the charity actually received from selling the vehicle. Generally however, you can use fair market value if certain rules are followed and you obtain a statement made by the charity regarding their plans for the vehicle. You may also be required to obtain written acknowledgement from the charity within 30 days from the date of the vehicles sale or 30 days from the date of donation.

So the value of the deduction is based on what the charity actually sold the vehicle for on the open market. Other rules apply if they decide to keep it but generally most charities of any size take their donated cars and simply sell them on the market. This means that if you donate your car to charity and it has a resale value of 5,000 dollars, you simply cannot legally take a 5,000 dollar deduction unless the charity actually sells the car for that amount, or is subject to the other rules.

If the charity sells your car for 400 dollars, even though it was worth 5,000, your legal deduction is only 400 dollars.

Finally, to make things even more complicated, the value of the vehicle cannot be more than the fair market value. The IRS publication noted above has specific explanations about how to determine value. I personally have simply sold the car and made a cash donation to he charity of my choice. Yes, it takes a little longer but I didn’t need to count on anyone else to provide the necessary documentation and there was no question about the value of the donation or deduction.

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Donate Car For Tax Deduction – The Rules

You want to donate your car and take advantage of the car to donate for tax deduction, but it seems really confusing trying to figure out this deduction. Don’t worry you aren’t alone. The two main things you need to know when it comes to donating a car for tax deduction is that the actual amount depends on the person who is donating and their claim as to the value of the car, but also on the way the charity puts the car to use. There is one other thing you should know about the car to donate for tax deduction. If the car happens to be worth more than $500 and the charity decides to sell the car that may affect the limit of the person applying for the car to donate for tax reduction and the limit to the access on the gross profits from the charities sale.

Wanting to get the most out of the car to donate for tax deduction requires some knowledge on the matter. There are a few points that may be significant in how well you will benefit.

The first thing to know is that you need to be able to verify the eligibility of the organization that you are donating to. A library or Publication 78, which is an online resource, can help you pinpoint the charities that qualify to be used to take advantage of the car to donate for tax rebates. This will save you time and effort in the long run.

You also must remember that when it comes to claiming the car to donate for tax deduction you must itemize your deduction. You can no longer just stick to the standard deduction. To be able to fully maximize your advantages you must itemize.

A good place to look is a used-car buying guide; these are invaluable at determining the fair market value of the car in question. Being able to correctly determine this will help you maximize the amount of your car to donate for the purposes of tax reduction. Once you have correctly estimated the fair market value, deduct it. Unfortunately this is all you can, not the full value.
When applying for the car to donate for tax deduction you must also file a Charitable Contribution Deduction. As well as this you must be immaculate in keeping records of all your receipts and forms. This will help you to achieve the most from the car to donate for tax reduction.

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