SERVICES

ART DONATION LAW

Art Donation Law:

Art Donation Law consists of the rules and regulations governing the donation of appreciated fine art and the tax deduction for the fair market value of the donated art.

The practice of Art Donation Law is focused on the substantiation of the value of the donated art and compliance with the applicable rules and regulations governing the deduction of its fair market value.

The firm represents individuals who desire to donate appreciated art and who wish to obtain a tax deduction for the fair market value of the items donated.

In order to obtain a tax deduction for the fair market value of the item donated, up to a maximum of 30% of the donor's adjusted gross income, the following four requirements must be satisfied:

 
1. The art, to be contributed, must be long-term capital gain property, not ordinary income type property.
2. The art must be contributed to a public charity, not to a private foundation.
3. The work of art must satisfy the related-use rule, i.e. the use of the work of art, by the donee charity, must be related to its tax - exempt purpose.
4. The donor must obtain a qualified appraisal of the work of art by a qualified appraiser.

The firm uses art donation IRS and FTB regulations and rules and qualified art appraisers for your particular type and origin of art, to obtain tax qualified art donations and corresponding art tax deductions for the fair market value of the donated appreciated art.

As an example, if a painting cost you $1,000 and you donate it when it is worth $15,000, you will get a donation of $15,000, which is worth approximately $7,000 at the combined Federal and California maximum individual income tax rates, without having to pay income taxes on the $14,000 of appreciation in the donated art. You gain $6,000 while donating the painting to the art museum of your choice.

  GHD Services

ART DONATION LAW

Internal Revenue Code Section 170(a) permits the deduction of the fair market value of donated art up to 30% of the donor's adjusted gross income in the year of donation.

 
PROFIT BY
Giving generously while gaining tax benefits

 


MISSION: TO PROVIDE TIMELY LEGAL ADVICE, FACILITATION AND SUCCESSFUL LEGAL REPRESENTATION TO ACCOMPLISH DONATIONS OF COLLECTIBLE ART, UNDER INTERNAL REVENUE CODE SECTION 170