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1040ez2012 Accelerated Cost Recovery System (ACRS) Table of Contents Topics - This chapter discusses: Useful Items - You may want to see: ACRS Defined What Can and Cannot Be Depreciated Under ACRSRecovery Property Nonrecovery Property How To Figure the DeductionUnadjusted Basis Classes of Recovery Property Recovery Periods Alternate ACRS Method (Modified Straight Line Method) ACRS Deduction in Short Tax Year DispositionsEarly dispositions of ACRS property other than 15-, 18-, or 19-year real property. 1040ez2012 Dispositions — mass asset accounts. 1040ez2012 Early dispositions — 15-year real property. 1040ez2012 Early dispositions — 18- and 19-year real property. 1040ez2012 Depreciation Recapture Topics - This chapter discusses: The definition of ACRS What can and cannot be depreciated under ACRS How to figure the deduction Dispositions Useful Items - You may want to see: Publication 544 Sales and Other Dispositions of Assets 551 Basis of Assets 583 Starting a Business and Keeping Records Form (and Instructions) 3115 Application for Change in Accounting Method 4562 Depreciation and Amortization The Accelerated Cost Recovery System (ACRS) applies to property first used before 1987. 1040ez2012 It is the name given to tax rules for getting back (recovering) through depreciation deductions the cost of property used in a trade or business or to produce income. 1040ez2012 These rules are mandatory and generally apply to tangible property placed in service after 1980 and before 1987. 1040ez2012 If you placed property in service during this period, you must continue to figure your depreciation under ACRS. 1040ez2012 If you used listed property placed in service after June 18, 1984, less than 50% for business in 1995, see Predominant Use Test in chapter 3. 1040ez2012 Listed property includes cars, other means of transportation, and certain computers. 1040ez2012 Any additions or improvements placed in service after 1986, including any components of a building (such as plumbing, wiring, storm windows, etc. 1040ez2012 ), are depreciated using MACRS, discussed in chapter 3 of Publication 946. 1040ez2012 It does not matter that the underlying property is depreciated under ACRS or one of the other methods. 1040ez2012 ACRS Defined ACRS consists of accelerated depreciation methods and an alternate ACRS method that could have been elected. 1040ez2012 The alternate ACRS method used a recovery percentage based on a modified straight line method. 1040ez2012 The law prescribes fixed percentages to be uses for each class of property. 1040ez2012 Property depreciable under ACRS is called recovery property. 1040ez2012 The recovery class of property determines the recovery period. 1040ez2012 Generally, the class life of property places it in a 3-year, 5-year, 10-year, 15-year, 18-year, or 19-year recovery class. 1040ez2012 Under ACRS, the prescribed percentages are used to recover the unadjusted basis of recovery property. 1040ez2012 To figure a depreciation deduction, you multiply the prescribed percentage for the recovery class by the unadjusted basis of the recovery property. 1040ez2012 You must continue to figure your depreciation under ACRS for property placed in service after 1980 and before 1987. 1040ez2012 For property you placed in service after 1986, you must use MACRS, discussed in chapter 3 of Publication 946. 1040ez2012 What Can and Cannot Be Depreciated Under ACRS ACRS applies to most depreciable tangible property placed in service after 1980 and before 1987. 1040ez2012 It includes new or used and real or personal property. 1040ez2012 The property must be for use in a trade or business or for the production of income. 1040ez2012 Property you acquired before 1981 or after 1986 is not ACRS recovery property. 1040ez2012 For information on depreciating property acquired before 1981, see chapter 2. 1040ez2012 For information on depreciating property acquired after 1986, see chapter 3 of Publication 946. 1040ez2012 Recovery Property Recovery property under ACRS is tangible depreciable property placed in service after 1980 and before 1987. 1040ez2012 It generally includes new or used property that you acquired after 1980 and before 1987 for use in your trade or business or for the production of income. 1040ez2012 Nonrecovery Property You cannot use ACRS for property you placed in service before 1981 or after 1986. 1040ez2012 Nonrecovery property also includes: Intangible property, Property you elected to exclude from ACRS that is properly depreciated under a method of depreciation that is not based on a term of years, Certain public utility property, and Certain property acquired and excluded from ACRS because of the antichurning rules. 1040ez2012 Intangible property. 1040ez2012   Intangible property is not depreciated under ACRS. 1040ez2012 Property depreciated under methods not expressed in a term of years. 1040ez2012   Certain property depreciated under a method not expressed in a term of years is not depreciated under ACRS. 1040ez2012 This included any property: If you made an irrevocable election to exclude such property, and In the first year that you could have claimed depreciation, you properly used the unit-of-production method or any method of depreciation not expressed in a term of years (not including the retirement-replacement-betterment method). 1040ez2012 Public utility property. 1040ez2012   Public utility property for which the taxpayer does not use a normalization method of accounting is excluded from ACRS and is subject to depreciation under a special rule. 1040ez2012 Additions or improvements to ACRS property after 1986. 1040ez2012   Any additions or improvements placed in service after 1986, including any components of a building (plumbing, wiring, storm windows, etc. 1040ez2012 ) are depreciated using MACRS, discussed in chapter 3 of Publication 946. 1040ez2012 It does not matter that the underlying property is depreciated under ACRS or one of the other methods. 1040ez2012 How To Figure the Deduction After you determine that your property can be depreciated under ACRS, you are ready to figure your deduction. 1040ez2012 Because the conventions are built into the percentage table rates, you only need to know the following: The unadjusted basis of your recovery property, The classes of recovery property, The recovery periods, and Whether to use the prescribed percentages based on accelerated methods or percentages based on using the alternate ACRS method. 1040ez2012 Unadjusted Basis To figure your ACRS deduction, you multiply the unadjusted basis in your recovery property by its applicable percentage for the year. 1040ez2012 Unadjusted basis is the same amount you would use to figure gain on a sale, but it is figured without taking into account any depreciation taken in earlier years. 1040ez2012 However, reduce your original basis by the amount of amortization taken on the property and by any section 179 deduction claimed as discussed in chapter 2 of Publication 946. 1040ez2012 If you buy property, your unadjusted basis is usually its cost minus any amortized amount and minus any section 179 deduction elected. 1040ez2012 If you acquire property in some other way, such as by inheriting it, getting it as a gift, or building it yourself, you figure your unadjusted basis under other rules. 1040ez2012 See Publication 551. 1040ez2012 Classes of Recovery Property All recovery property under ACRS is in one of the following classes. 1040ez2012 The class for your property was determined when you began to depreciate it. 1040ez2012 3-Year Property 3-year property includes automobiles, light-duty trucks (actual unloaded weight less than 13,000 pounds), and tractor units for use over-the-road. 1040ez2012 Race horses over 2 years old when placed in service are 3-year property. 1040ez2012 Any other horses over 12 years old when you placed them in service are also included in the 3-year property class. 1040ez2012 The ACRS percentages for 3-year recovery property are: Recovery Period Percentage 1st year 25% 2nd year 38% 3rd year 37% If you used the percentages above to depreciate your 3-year recovery property, your property, except for certain passenger automobiles, is fully depreciated. 1040ez2012 You cannot claim depreciation for this property after 1988. 1040ez2012 5-Year Property 5-year property includes computers, copiers, and equipment, such as office furniture and fixtures. 1040ez2012 It also includes single purpose agricultural or horticultural structures and petroleum storage facilities (other than buildings and their structural components). 1040ez2012 The ACRS percentages for 5-year recovery property are: Recovery period Percentage 1st year 15% 2nd year 22% 3rd through 5th year 21% If you used the percentages above to depreciate your 5-year recovery property, it is fully depreciated. 1040ez2012 You cannot claim depreciation for this property after 1990. 1040ez2012 10-Year Property 10-year property includes certain real property such as theme-park structures and certain public utility property. 1040ez2012 Manufactured homes (including mobile homes) and railroad tank cars are also 10-year property. 1040ez2012 You do not treat a building, and its structural components, as 10-year property by reason of a change in use after you placed the property in service. 1040ez2012 For example, a building (15-year real property) that was placed in service in 1981 and was converted to a theme-park structure in 1986 remains 15-year real property. 1040ez2012 The ACRS percentages for 10-year recovery property are: Recovery Period Percentage 1st year 8% 2nd year 14% 3rd year 12% 4th through 6th year 10% 7th through 10th year 9% If you used the percentages above, you cannot claim depreciation for this property after 1995. 1040ez2012 Example. 1040ez2012 On April 21, 1986, you bought and placed in service a new mobile home for $26,000 to be used as rental property. 1040ez2012 You paid $10,000 cash and signed a note for $16,000 giving you an unadjusted basis of $26,000. 1040ez2012 On June 8, 1986, you bought and placed in service a used mobile home for use as rental property at a total cost of $11,500. 1040ez2012 The total unadjusted basis of your 10-year recovery property placed in service in 1986 was $37,500 ($26,000 + $11,500). 1040ez2012 Your ACRS deduction was $3,000 (8% × $37,500). 1040ez2012 In 1987, your ACRS deduction was $5,250 (14% × $37,500). 1040ez2012 In 1988, your ACRS deduction was $4,500 (12% × $37,500). 1040ez2012 In 1989, 1990, and 1991, your ACRS deduction was $3,750 (10% × $37,500). 1040ez2012 In 1992, 1993, 1994, and 1995 your deduction for each year is $3,375 (9% × $37,500). 1040ez2012 15-Year Real Property 15-year real property is real property that is recovery property placed in service before March 16, 1984. 1040ez2012 It includes all real property, such as buildings, other than that designated as 5-year or 10-year property. 1040ez2012 Unlike the 3-, 5-, or 10-year classes of property, the percentages for 15-year real property depend on when you placed the property in service during your tax year. 1040ez2012 You could group 15-year real property by month and year placed in service. 1040ez2012 In Table 1, at the end of this publication in the Appendix, find the month in your tax year that you placed the property in service in your trade or business or for the production of income. 1040ez2012 You use the percentages listed under that month for each year of the recovery period to determine your depreciation deduction each year. 1040ez2012 Example. 1040ez2012 On March 5, 1984, you placed an apartment building in service in your business. 1040ez2012 It is 15-year real property. 1040ez2012 After subtracting the value of the land, your unadjusted basis in the building is $250,000. 1040ez2012 You use the calendar year as your tax year. 1040ez2012 March is the third month of your tax year. 1040ez2012 Your ACRS deduction for 1984 was $25,000 (10% × $250,000). 1040ez2012 For 1985, the percentage for the third month of the second year of the recovery period is 11%. 1040ez2012 Your deduction was $27,500 (11% × $250,000). 1040ez2012 For the third, fourth, and fifth years of the recovery period (1986, 1987, and 1988), the percentages are 9%, 8%, and 7%. 1040ez2012 For 1989 through 1992, the percentage for the third month is 6%. 1040ez2012 Your deduction each year is $15,000 (6% × $250,000). 1040ez2012 For 1993, 1994, and 1995, the percentage for the third month is 5%. 1040ez2012 Your depreciation deduction is $12,500 (5% × $250,000) for 1993, 1994, and 1995. 1040ez2012 Low-Income Housing Low-income housing that was assigned a 15-year recovery period under ACRS includes the following types of property: Federally assisted housing projects where the mortgage is insured under section 221(d)(3) or 236 of the National Housing Act, or housing financed or assisted by direct loan or tax abatement under similar provisions of state or local laws. 1040ez2012 Low-income rental housing for which a depreciation deduction for rehabilitation expenditures is allowed. 1040ez2012 Low-income rental housing held for occupancy by families or individuals eligible to receive subsidies under section 8 of the United States Housing Act of 1937, as amended, or under the provisions of state or local laws that authorize similar subsidies for low-income families. 1040ez2012 Housing financed or assisted by direct loan or insured under Title V of the Housing Act of 1949. 1040ez2012 The ACRS percentages for low-income housing real property, like the regular 15-year real property percentages, depend on when you placed the property in service. 1040ez2012 Find the month in your tax year in Table 2 or 3 at the end of this publication in the Appendix that you first placed the property in service as rental housing. 1040ez2012 Use the percentages listed under that month for each year of the recovery period. 1040ez2012 Table 2 shows percentages for low-income housing placed in service before May 9, 1985. 1040ez2012 Table 3 shows percentages for low-income housing placed in service after May 8, 1985, and before 1987. 1040ez2012 Example. 1040ez2012 In May 1986, you acquired and placed in service a house that qualified as low-income rental housing under item 3) of the above listing. 1040ez2012 You use the calendar year as your tax year. 1040ez2012 You use Table C–3 because the property was placed in service after May 8, 1985. 1040ez2012 Your unadjusted basis for the property, not including the land, was $59,000. 1040ez2012 Your deduction for 1986 through 2001 is shown in the following table. 1040ez2012 Year Rate Deduction 1986 8. 1040ez2012 9% $5,251 1987 12. 1040ez2012 1% 7,139 1988 10. 1040ez2012 5% 6,195 1989 9. 1040ez2012 1% 5,369 1990 7. 1040ez2012 9% 4,661 1991 6. 1040ez2012 9% 4,071 1992 5. 1040ez2012 9% 3,481 1993 5. 1040ez2012 2% 3,068 1994 4. 1040ez2012 6% 2,714 1995 4. 1040ez2012 6% 2,714 1996 4. 1040ez2012 6% 2,714 1997 4. 1040ez2012 6% 2,714 1998 4. 1040ez2012 6% 2,714 1999 4. 1040ez2012 5% 2,655 2000 4. 1040ez2012 5% 2,655 2001 1. 1040ez2012 5% 885 18-Year Real Property 18-year real property is real property that is recovery property placed in service after March 15, 1984, and before May 9, 1985. 1040ez2012 It includes real property, such as buildings, other than that designated as 5-year, 10-year, 15-year real property, or low-income housing. 1040ez2012 The ACRS percentages for 18-year real property depend on when you placed the property in service in your trade or business or for the production of income during your tax year. 1040ez2012 There are also tables for 18-year real property in the Appendix. 1040ez2012 Table 4 shows the percentages for 18-year real property you placed in service after June 22, 1984, and before May 9, 1985. 1040ez2012 Table 5 is for 18-year real property placed in service after March 15, 1984, and before June 23, 1984. 1040ez2012 Find the month in your tax year that you placed the property in service in a trade or business or for the production of income. 1040ez2012 Use the percentages listed under that month for each year of the recovery period. 1040ez2012 Example. 1040ez2012 On April 28, 1985, you bought and placed in service a rental house. 1040ez2012 The house, not including the land, cost $95,000. 1040ez2012 This is your unadjusted basis for the house. 1040ez2012 You use the calendar year as your tax year. 1040ez2012 Because the house was placed in service after June 22, 1984, and before May 9, 1985, it is 18-year real property. 1040ez2012 You use Table 4 to figure your deduction for the house. 1040ez2012 April is the fourth month of your tax year. 1040ez2012 Your deduction for 1985 through 2003 is shown in the following table. 1040ez2012 Year Rate Deduction 1985 7. 1040ez2012 0% $6,650 1986 9. 1040ez2012 0% 8,550 1987 8. 1040ez2012 0% 7,600 1988 7. 1040ez2012 0% 6,650 1989 7. 1040ez2012 0% 6,650 1990 6. 1040ez2012 0% 5,700 1991 5. 1040ez2012 0% 4,750 1992 5. 1040ez2012 0% 4,750 1993 5. 1040ez2012 0% 4,750 1994 5. 1040ez2012 0% 4,750 1995 5. 1040ez2012 0% 4,750 1996 5. 1040ez2012 0% 4,750 1997 5. 1040ez2012 0% 4,750 1998 4. 1040ez2012 0% 3,800 1999 4. 1040ez2012 0% 3,800 2000 4. 1040ez2012 0% 3,800 2001 4. 1040ez2012 0% 3,800 2002 4. 1040ez2012 0% 3,800 2003 1. 1040ez2012 0% 950 19-Year Real Property 19-year real property is real property that is recovery property placed in service after May 8, 1985, and before 1987. 1040ez2012 It includes all real property, other than that designated as 5-year, 10-year, 15-year, or 18-year real property, or low-income housing. 1040ez2012 The ACRS percentages for 19-year real property depend on when you placed the property in service in a trade or business or for the production of income during your tax year. 1040ez2012 Table 6 shows the percentages for 19-year real property. 1040ez2012 You find the month in your tax year that you placed the property in service. 1040ez2012 You use the percentages listed under that month for each year of the recovery period. 1040ez2012 Recovery Periods Each item of recovery property is assigned to a class of property. 1040ez2012 The classes of recovery property establish the recovery periods over which the unadjusted basis of items in a class is recovered. 1040ez2012 The classes of property are: 3-Year property 5-Year property 10-Year property 15-Year real property Low-income housing 18-Year real property 19-Year real property Alternate ACRS Method (Modified Straight Line Method) ACRS provides an alternate ACRS method that could be elected. 1040ez2012 This alternate ACRS method uses a recovery percentage based on a modified straight line method. 1040ez2012 This alternate ACRS method generally uses percentages other than those from the tables. 1040ez2012 If you elected the alternate ACRS method, you determine the recovery period by using the following schedule. 1040ez2012 This schedule is for other than 18- and 19-year real property and low-income housing: In the case of: You could have elected a recovery period of: 3-year property 3, 5, or 12 years 5-year property 5, 12, or 25 years 15-year real property 15, 35, or 45 years Percentages. 1040ez2012   The straight-line percentages for the alternate ACRS method are: Recovery Period Percentage 5 years 20. 1040ez2012 00% 10 years 10. 1040ez2012 00% 12 years 8. 1040ez2012 333% 15 years 6. 1040ez2012 667% 25 years 4. 1040ez2012 00% 35 years 2. 1040ez2012 857%   You apply the percentage to the unadjusted basis(defined earlier) of the property to figure your ACRS deduction. 1040ez2012 There are tables for 18- and 19-year real property later in this publication in the Appendix. 1040ez2012 For 15-year real property, see 15-year real property, later. 1040ez2012 3-, 5-, and 10-year property. 1040ez2012   If you elected to use an alternate recovery percentage, you have to use the same recovery percentage for all property in that class that you placed in service in that tax year. 1040ez2012 This applies throughout the recovery period you selected. 1040ez2012 Half-year convention. 1040ez2012   If you elected the alternate method, only a half-year of depreciation was deducted for the year you placed the property in service. 1040ez2012 This applied regardless of when in the tax year you placed the property in service. 1040ez2012 For each of the remaining years in the recovery period, you take a full year's deduction. 1040ez2012 If you hold the property for the entire recovery period, a half-year of depreciation is allowable for the year following the end of the recovery period. 1040ez2012 Example. 1040ez2012 You operate a small upholstery business. 1040ez2012 On March 19, 1986, you bought and placed in service a $13,000 light-duty panel truck to be used in your business and a $500 electric saw. 1040ez2012 You elected to use the alternate ACRS method. 1040ez2012 You did not elect to take a section 179 deduction. 1040ez2012 You decided to recover the cost of the truck, which is 3-year recovery property, over 5 years. 1040ez2012 The saw is 5-year property, but you decided to recover its cost over 12 years. 1040ez2012 For 1986, your ACRS deduction reflected the half-year convention. 1040ez2012 In the first year, you deducted half of the amount determined for a full year. 1040ez2012 Your ACRS deduction for 1986 is as follows: Light-duty truck   5 years straight line = 20% 20% ÷ $13,000 = $2,600 Half-year convention -½ of $2,600= $1,300. 1040ez2012 00     Electric saw   12 years straight line = 8. 1040ez2012 333% 8. 1040ez2012 333% ÷ $500 = $41. 1040ez2012 67 Half-year convention -½ of $41. 1040ez2012 67= 20. 1040ez2012 84 Total ACRS deduction for 1986 $1,320. 1040ez2012 84       You take a full year of depreciation for both the truck and the saw for the years 1987 through 1990. 1040ez2012 Your ACRS deduction for each of those years is as follows: Light-duty truck   5 years straight line = 20% 20% ÷ $13,000 = $2,600     Electric saw     12 years straight line = 8. 1040ez2012 333% 8. 1040ez2012 333% ÷ $500 = $41. 1040ez2012 67 Total annual ACRS deduction for 1987 through 1990 $2,641. 1040ez2012 67       In 1991, you take a half-year of depreciation for the truck and a full year of depreciation for the saw. 1040ez2012 Your ACRS deduction for 1991 is as follows: Light-duty truck   5 years straight line = 20% 20% ÷ $13,000 = $2,600 Half-year convention -½ of $2,600= $1,300. 1040ez2012 00     Electric saw   12 years straight line = 8. 1040ez2012 333% 8. 1040ez2012 333% ÷ $500 = $41. 1040ez2012 67 Total ACRS deduction for 1991 $1,341. 1040ez2012 67       The truck is fully depreciated after 1991. 1040ez2012 You take a full year of depreciation for the saw for the years 1992 through 1997. 1040ez2012 Your ACRS deduction for each of those years is as follows: Electric saw     12 years straight line = 8. 1040ez2012 333% 8. 1040ez2012 333% ÷ $500 = $41. 1040ez2012 67 Total annual ACRS deduction for 1992 through 1997 $41. 1040ez2012 67       You take a half-year of depreciation for the saw for 1998. 1040ez2012 Your ACRS deduction for 1998 is as follows: Electric saw   12 years straight line = 8. 1040ez2012 333% 8. 1040ez2012 333% ÷ $500 = $41. 1040ez2012 67 Half-year convention -½ of $41. 1040ez2012 67= 20. 1040ez2012 84 Total ACRS deduction for 1998 $20. 1040ez2012 84       The saw is fully depreciated after 1998. 1040ez2012 15-year real property. 1040ez2012   Under ACRS, you could also elect to use the alternate ACRS method for 15-year real property. 1040ez2012 The alternate ACRS method allows you to depreciate your 15-year real property using the straight line ACRS method over the alternate recovery periods of 15, 35, or 45 years. 1040ez2012 If you selected a 15-year recovery period, you use the percentage (6. 1040ez2012 667%) from the schedule above. 1040ez2012 You prorate this percentage for the number of months the property was in service in the first year. 1040ez2012 If you selected a 35- or 45-year recovery period, you use either Table 11 or 15. 1040ez2012 Alternate periods for 18-year real property. 1040ez2012   For 18-year real property, the alternate recovery periods are 18, 35, or 45 years. 1040ez2012 The percentages for 18-year real property under the alternate method are in Tables 7, 8, 10, 11, 14, and 15 in the Appendix. 1040ez2012 There are two tables for each alternate recovery period. 1040ez2012 One table shows the percentage for property placed in service after June 22, 1984. 1040ez2012 The other table has the percentages for property placed in service after March 15, 1984, and before June 23, 1984. 1040ez2012 Alternate periods for 19-year real property. 1040ez2012   For 19-year real property, the alternate recovery periods are 19, 35, or 45 years. 1040ez2012 If you selected a 19-year recovery period, use Table 9 to determine your deduction. 1040ez2012 If you select a 35- or 45-year recovery period, use either Table 13 or 14. 1040ez2012 Example. 1040ez2012 You placed in service an apartment building on August 3, 1986. 1040ez2012 The building is 19-year real property. 1040ez2012 The sales contract allocated $300,000 to the building and $100,000 to the land. 1040ez2012 You use the calendar year as your tax year. 1040ez2012 You chose the alternate ACRS method over a recovery period of 35 years. 1040ez2012 For 1986, you figure your ACRS deduction usingTable 13. 1040ez2012 August is the eighth month of your tax year. 1040ez2012 The percentage from Table 13 for the eighth month is 1. 1040ez2012 1%. 1040ez2012 Your deduction was $3,300 ($300,000 ÷ 1. 1040ez2012 1%). 1040ez2012 The deduction rate from ACRS Table 13 for years 2 through 20 is 2. 1040ez2012 9% so that your deduction in 1987 through 2005 is $8,700 ($300,000 ÷ 2. 1040ez2012 9%). 1040ez2012 Alternate periods for low-income housing. 1040ez2012   For low-income housing, the alternate recovery periods are 15, 35, or 45 years. 1040ez2012 If you selected a 15-year period for this property, use 6. 1040ez2012 667% as the percentage. 1040ez2012 If you selected a 35- or 45-year period, use either Table 11, 12, or 15. 1040ez2012 Election. 1040ez2012   You had to make the election to use the alternate ACRS method by the return due date (including extensions) for the tax year you placed the property in service. 1040ez2012 Revocation of election. 1040ez2012   Your election to use an alternate ACRS method, once made, can be changed only with the consent of the Commissioner. 1040ez2012 The Commissioner grants consent only in extraordinary circumstances. 1040ez2012 Any request for a revocation will be considered a request for a ruling. 1040ez2012 ACRS Deduction in Short Tax Year For a tax year that is less than 12 months, the ACRS deduction is prorated on a 12-month basis. 1040ez2012 Figure the amount of the ACRS deduction for a short tax year as follows: First, you figure the ACRS deduction for a full year. 1040ez2012 You figure this by multiplying the unadjusted basis by the recovery percentage. 1040ez2012 You then multiply the ACRS deduction determined for a full tax year by a fraction. 1040ez2012 The numerator (top number) of the fraction is the number of months in the short tax year and the denominator (bottom number) is 12. 1040ez2012 For example, a corporation placed in service in June 1986 an item of 3-year property with an unadjusted basis of $10,000. 1040ez2012 The corporation files a tax return, because of a change in its accounting period, for the 6-month short tax year ending June 30, 1986. 1040ez2012 The full year's ACRS deduction for this item is $2,500 ($10,000 ÷ 25%), the first year percentage from the 3-year table. 1040ez2012 The ACRS deduction for the short tax year is $1,250 ($2,500 ÷ 6/12). 1040ez2012 You use the full ACRS percentages during the remaining years of the recovery period. 1040ez2012 For the first tax year after the recovery period, the unrecovered basis will be deductible. 1040ez2012 Exception. 1040ez2012   For the tax year in which you placed 15-, 18-, or 19-year real property in service or in the tax year you dispose of it, you compute the ACRS deduction for the number of months that the property is in service during that tax year. 1040ez2012 You compute the number of months using either a full month or mid-month convention. 1040ez2012 This is true regardless of the number of months in the tax year and the recovery period and method used. 1040ez2012 Dispositions A disposition is the permanent withdrawal of property from use in your trade or business or in the production of income. 1040ez2012 You can make a withdrawal by sale, exchange, retirement, abandonment, or destruction. 1040ez2012 You generally recognize gain or loss on the disposition of an asset by sale. 1040ez2012 However, nonrecognition rules can allow you to postpone some gain. 1040ez2012 See Publication 544. 1040ez2012 If you physically abandon property, you can deduct as a loss the adjusted basis of the asset at the time of its abandonment. 1040ez2012 Your intent must be to discard the asset so that you will not use it again or retrieve it for sale, exchange, or other disposition. 1040ez2012 Early dispositions. 1040ez2012   The disposal of an asset before the end of its specified recovery period, is referred to as an early disposition. 1040ez2012 When an early disposition occurs, the depreciation deduction in the year of disposition depends on the class of property involved. 1040ez2012 Early dispositions of ACRS property other than 15-, 18-, or 19-year real property. 1040ez2012   Generally, you get no ACRS deduction for the tax year in which you dispose of or retire recovery property, except for 15-, 18-, and 19-year real property. 1040ez2012 This means there is no depreciation deduction under ACRS in the year you dispose of or retire any of your 3-, 5-, or 10-year recovery property. 1040ez2012 Dispositions — mass asset accounts. 1040ez2012   The law provides a special rule to avoid the calculation of gain on the disposition of assets from mass asset accounts. 1040ez2012 A mass asset account includes items usually minor in value in relation to the group, numerous in quantity, impractical to separately identify, and not usually accounted for on a separate basis, but on a total dollar value. 1040ez2012 Examples of mass assets include minor items of office, plant, and store furniture and fixtures. 1040ez2012   Under the special rule, if you elected to use a mass asset account, you recognize gain to the extent of the proceeds from the disposition of the asset. 1040ez2012 You leave the unadjusted basis of the property in the account until recovered in future years. 1040ez2012 If you did this, include the total proceeds realized from the disposition in income on the tax return for the year of disposition. 1040ez2012 Early dispositions — 15-year real property. 1040ez2012   If you dispose of 15-year real property, you base your ACRS deduction for the year of disposition on the number of months in use. 1040ez2012 You use a full-month convention. 1040ez2012 For a disposition at any time during a particular month before the end of the recovery period, no deduction is allowed for the month of disposition. 1040ez2012 This applies whether you use the regular ACRS method or elected the alternate ACRS method. 1040ez2012 Example. 1040ez2012 You purchased and placed in service a rental house on March 2, 1984, for $98,000 (not including the cost of land). 1040ez2012 You file your return based on a calendar year. 1040ez2012 Your rate from Table 1 for the third month is 10%. 1040ez2012 Your ACRS deduction for 1984 was $9,800 ($98. 1040ez2012 000 ÷ 10%). 1040ez2012 For 1985 through 1988, you figured your ACRS deductions using 11%, 9%, 8%, and 7% ÷ $98,000. 1040ez2012 For 1989 through 1992, you figured your ACRS deductions using 6% for each year. 1040ez2012 The deduction each year was $98,000 ÷ 6%. 1040ez2012 For 1993 and 1994, the ACRS deduction is ($98,000 ÷ 5%) $4,900 for each year. 1040ez2012 You sell the house on June 1, 1995. 1040ez2012 You figure your ACRS deduction for 1995 for the full year and then prorate that amount for the months of use. 1040ez2012 The full ACRS deduction for 1995 is $4,900 ($98,000 ÷ 5%). 1040ez2012 You then prorate this amount to the 5 months in 1995 during which it was rented. 1040ez2012 Your ACRS deduction for 1995 is $2,042 ($4,900 ÷ 5/12). 1040ez2012 Early dispositions — 18- and 19-year real property. 1040ez2012   If you dispose of 18- or 19-year real property, you base your ACRS deduction for the year of disposition on the number of months in use. 1040ez2012 For 18-year property placed in service before June 23, 1984, use a full-month convention on a disposition. 1040ez2012 For 18-year property placed in service after June 22, 1984, and for 19-year property, determine the number of months in use by using the mid-month convention. 1040ez2012 Under the mid-month convention,treat real property disposed of any time during a month as disposed of in the middle of that month. 1040ez2012 Count the month of disposition as half a month of use. 1040ez2012 Example. 1040ez2012 You purchased and placed in service a rental house on July 2, 1984, for $100,000 (not including the cost of land). 1040ez2012 You file your return based on a calendar year. 1040ez2012 Your rate from Table 4 for the seventh month is 4%. 1040ez2012 You figured your ACRS deduction for 1984 was $4,000 ($100,000 ÷ 4%). 1040ez2012 In 1985 through 1994, your ACRS deductions were 9%, 8%, 8%, 7%, 6%, 6%, 5%, 5%, and 5% ÷ $100,000. 1040ez2012 You sell the house on September 24, 1995. 1040ez2012 Figure your ACRS deduction for 1995 for the months of use. 1040ez2012 The full ACRS deduction for 1995 is $5,000 ($100,000 ÷ 5%). 1040ez2012 Prorate this amount for the 8. 1040ez2012 5 months in 1995 that you held the property. 1040ez2012 Under the mid-month convention, you count September as half a month. 1040ez2012 Your ACRS deduction for 1995 is $3,542 ($5,000 ÷ 8. 1040ez2012 5/12). 1040ez2012 Depreciation Recapture If you dispose of property depreciated under ACRS that is section 1245 recovery property, you will generally recognize gain or loss. 1040ez2012 Gain recognized on a disposition is ordinary income to the extent of prior depreciation deductions taken. 1040ez2012 This recapture rule applies to all personal property in the 3-year, 5-year, and 10-year classes. 1040ez2012 You recapture gain on manufactured homes and theme park structures in the 10-year class as section 1245 property. 1040ez2012 Section 1245 property generally includes all personal property. 1040ez2012 See Section 1245 property in chapter 4 of Publication 544 for more information. 1040ez2012 You treat dispositions of section 1250 real property on which you have a gain as section 1245 recovery property. 1040ez2012 You recognize gain on this property as ordinary income to the extent of prior depreciation deductions taken. 1040ez2012 Section 1250 property includes most real property. 1040ez2012 See Section 1250 property in chapter 4 of Publication 544 for more information. 1040ez2012 This rule applies to all section 1250 real property except the following property: Any 15-, 18-, or 19-year real property that is residential rental property. 1040ez2012 Any 15-, 18-, or 19-year real property that you elected to depreciate using the alternate ACRS method. 1040ez2012 Any 15-, 18-, or 19-year real property that is subsidized low-income housing. 1040ez2012 For these recapture rules, you treat the section 179 deduction and 50% of the investment credit that reduced your basis as depreciation. 1040ez2012 See Publication 544 for further discussion of dispositions of section 1245 and 1250 property. 1040ez2012 Prev  Up  Next   Home   More Online Publications
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1040ez2012 Publication 561 - Main Contents Table of Contents What Is Fair Market Value (FMV)?Factors. 1040ez2012 Stock. 1040ez2012 Options. 1040ez2012 Determining Fair Market Value Problems in Determining Fair Market Value Valuation of Various Kinds of PropertyHousehold Goods Used Clothing Jewelry and Gems Paintings, Antiques, and Other Objects of Art Collections Cars, Boats, and Aircraft Inventory Patents Stocks and Bonds Real Estate Interest in a Business Annuities, Interests for Life or Terms of Years, Remainders, and Reversions Certain Life Insurance and Annuity Contracts Partial Interest in Property Not in Trust AppraisalsDeductions of More Than $5,000 Deductions of More Than $500,000 Qualified Appraisal Form 8283 Internal Revenue Service Review of Appraisals Penalty How To Get Tax HelpLow income tax clinics (LITCs). 1040ez2012 What Is Fair Market Value (FMV)? To figure how much you may deduct for property that you contribute, you must first determine its fair market value on the date of the contribution. 1040ez2012 Fair market value. 1040ez2012   Fair market value (FMV) is the price that property would sell for on the open market. 1040ez2012 It is the price that would be agreed on between a willing buyer and a willing seller, with neither being required to act, and both having reasonable knowledge of the relevant facts. 1040ez2012 If you put a restriction on the use of property you donate, the FMV must reflect that restriction. 1040ez2012 Example 1. 1040ez2012 If you give used clothing to the Salvation Army, the FMV would be the price that typical buyers actually pay for clothing of this age, condition, style, and use. 1040ez2012 Usually, such items are worth far less than what you paid for them. 1040ez2012 Example 2. 1040ez2012 If you donate land and restrict its use to agricultural purposes, you must value the land at its value for agricultural purposes, even though it would have a higher FMV if it were not restricted. 1040ez2012 Factors. 1040ez2012   In making and supporting the valuation of property, all factors affecting value are relevant and must be considered. 1040ez2012 These include: The cost or selling price of the item, Sales of comparable properties, Replacement cost, and Opinions of experts. 1040ez2012   These factors are discussed later. 1040ez2012 Also, see Table 1 for a summary of questions to ask as you consider each factor. 1040ez2012 Date of contribution. 1040ez2012   Ordinarily, the date of a contribution is the date that the transfer of the property takes place. 1040ez2012 Stock. 1040ez2012   If you deliver, without any conditions, a properly endorsed stock certificate to a qualified organization or to an agent of the organization, the date of the contribution is the date of delivery. 1040ez2012 If the certificate is mailed and received through the regular mail, it is the date of mailing. 1040ez2012 If you deliver the certificate to a bank or broker acting as your agent or to the issuing corporation or its agent, for transfer into the name of the organization, the date of the contribution is the date the stock is transferred on the books of the corporation. 1040ez2012 Options. 1040ez2012   If you grant an option to a qualified organization to buy real property, you have not made a charitable contribution until the organization exercises the option. 1040ez2012 The amount of the contribution is the FMV of the property on the date the option is exercised minus the exercise price. 1040ez2012 Example. 1040ez2012 You grant an option to a local university, which is a qualified organization, to buy real property. 1040ez2012 Under the option, the university could buy the property at any time during a 2-year period for $40,000. 1040ez2012 The FMV of the property on the date the option is granted is $50,000. 1040ez2012 In the following tax year, the university exercises the option. 1040ez2012 The FMV of the property on the date the option is exercised is $55,000. 1040ez2012 Therefore, you have made a charitable contribution of $15,000 ($55,000, the FMV, minus $40,000, the exercise price) in the tax year the option is exercised. 1040ez2012 Determining Fair Market Value Determining the value of donated property would be a simple matter if you could rely only on fixed formulas, rules, or methods. 1040ez2012 Usually it is not that simple. 1040ez2012 Using such formulas, etc. 1040ez2012 , seldom results in an acceptable determination of FMV. 1040ez2012 There is no single formula that always applies when determining the value of property. 1040ez2012 This is not to say that a valuation is only guesswork. 1040ez2012 You must consider all the facts and circumstances connected with the property, such as its desirability, use, and scarcity. 1040ez2012 For example, donated furniture should not be evaluated at some fixed rate such as 15% of the cost of new replacement furniture. 1040ez2012 When the furniture is contributed, it may be out of style or in poor condition, therefore having little or no market value. 1040ez2012 On the other hand, it may be an antique, the value of which could not be determined by using any formula. 1040ez2012 Cost or Selling Price of the Donated Property The cost of the property to you or the actual selling price received by the qualified organization may be the best indication of its FMV. 1040ez2012 However, because conditions in the market change, the cost or selling price of property may have less weight if the property was not bought or sold reasonably close to the date of contribution. 1040ez2012 The cost or selling price is a good indication of the property's value if: The purchase or sale took place close to the valuation date in an open market, The purchase or sale was at “arm's-length,” The buyer and seller knew all relevant facts, The buyer and seller did not have to act, and The market did not change between the date of purchase or sale and the valuation date. 1040ez2012 Example. 1040ez2012 Tom Morgan, who is not a dealer in gems, bought an assortment of gems for $5,000 from a promoter. 1040ez2012 The promoter claimed that the price was “wholesale” even though he and other dealers made similar sales at similar prices to other persons who were not dealers. 1040ez2012 The promoter said that if Tom kept the gems for more than 1 year and then gave them to charity, Tom could claim a charitable deduction of $15,000, which, according to the promoter, would be the value of the gems at the time of contribution. 1040ez2012 Tom gave the gems to a qualified charity 13 months after buying them. 1040ez2012 The selling price for these gems had not changed from the date of purchase to the date he donated them to charity. 1040ez2012 The best evidence of FMV depends on actual transactions and not on some artificial estimate. 1040ez2012 The $5,000 charged Tom and others is, therefore, the best evidence of the maximum FMV of the gems. 1040ez2012 Terms of the purchase or sale. 1040ez2012   The terms of the purchase or sale should be considered in determining FMV if they influenced the price. 1040ez2012 These terms include any restrictions, understandings, or covenants limiting the use or disposition of the property. 1040ez2012 Rate of increase or decrease in value. 1040ez2012   Unless you can show that there were unusual circumstances, it is assumed that the increase or decrease in the value of your donated property from your cost has been at a reasonable rate. 1040ez2012 For time adjustments, an appraiser may consider published price indexes for information on general price trends, building costs, commodity costs, securities, and works of art sold at auction in arm's-length sales. 1040ez2012 Example. 1040ez2012 Bill Brown bought a painting for $10,000. 1040ez2012 Thirteen months later he gave it to an art museum, claiming a charitable deduction of $15,000 on his tax return. 1040ez2012 The appraisal of the painting should include information showing that there were unusual circumstances that justify a 50% increase in value for the 13 months Bill held the property. 1040ez2012 Arm's-length offer. 1040ez2012   An arm's-length offer to buy the property close to the valuation date may help to prove its value if the person making the offer was willing and able to complete the transaction. 1040ez2012 To rely on an offer, you should be able to show proof of the offer and the specific amount to be paid. 1040ez2012 Offers to buy property other than the donated item will help to determine value if the other property is reasonably similar to the donated property. 1040ez2012 Sales of Comparable Properties The sales prices of properties similar to the donated property are often important in determining the FMV. 1040ez2012 The weight to be given to each sale depends on the following. 1040ez2012 The degree of similarity between the property sold and the donated property. 1040ez2012 The time of the sale—whether it was close to the valuation date. 1040ez2012 The circumstances of the sale—whether it was at arm's-length with a knowledgeable buyer and seller, with neither having to act. 1040ez2012 The conditions of the market in which the sale was made—whether unusually inflated or deflated. 1040ez2012 The comparable sales method of valuing real estate is explained later under Valuation of Various Kinds of Property. 1040ez2012 Example 1. 1040ez2012 Mary Black, who is not a book dealer, paid a promoter $10,000 for 500 copies of a single edition of a modern translation of the Bible. 1040ez2012 The promoter had claimed that the price was considerably less than the “retail” price, and gave her a statement that the books had a total retail value of $30,000. 1040ez2012 The promoter advised her that if she kept the Bibles for more than 1 year and then gave them to a qualified organization, she could claim a charitable deduction for the “retail” price of $30,000. 1040ez2012 Thirteen months later she gave all the Bibles to a church that she selected from a list provided by the promoter. 1040ez2012 At the time of her donation, wholesale dealers were selling similar quantities of Bibles to the general public for $10,000. 1040ez2012 The FMV of the Bibles is $10,000, the price at which similar quantities of Bibles were being sold to others at the time of the contribution. 1040ez2012 Example 2. 1040ez2012 The facts are the same as in Example 1, except that the promoter gave Mary Black a second option. 1040ez2012 The promoter said that if Mary wanted a charitable deduction within 1 year of the purchase, she could buy the 500 Bibles at the “retail” price of $30,000, paying only $10,000 in cash and giving a promissory note for the remaining $20,000. 1040ez2012 The principal and interest on the note would not be due for 12 years. 1040ez2012 According to the promoter, Mary could then, within 1 year of the purchase, give the Bibles to a qualified organization and claim the full $30,000 retail price as a charitable contribution. 1040ez2012 She purchased the Bibles under the second option and, 3 months later, gave them to a church, which will use the books for church purposes. 1040ez2012 At the time of the gift, the promoter was selling similar lots of Bibles for either $10,000 or $30,000. 1040ez2012 The difference between the two prices was solely at the discretion of the buyer. 1040ez2012 The promoter was a willing seller for $10,000. 1040ez2012 Therefore, the value of Mary's contribution of the Bibles is $10,000, the amount at which similar lots of Bibles could be purchased from the promoter by members of the general public. 1040ez2012 Replacement Cost The cost of buying, building, or manufacturing property similar to the donated item should be considered in determining FMV. 1040ez2012 However, there must be a reasonable relationship between the replacement cost and the FMV. 1040ez2012 The replacement cost is the amount it would cost to replace the donated item on the valuation date. 1040ez2012 Often there is no relationship between the replacement cost and the FMV. 1040ez2012 If the supply of the donated property is more or less than the demand for it, the replacement cost becomes less important. 1040ez2012 To determine the replacement cost of the donated property, find the “estimated replacement cost new. 1040ez2012 ” Then subtract from this figure an amount for depreciation due to the physical condition and obsolescence of the donated property. 1040ez2012 You should be able to show the relationship between the depreciated replacement cost and the FMV, as well as how you arrived at the “estimated replacement cost new. 1040ez2012 ” Opinions of Experts Generally, the weight given to an expert's opinion on matters such as the authenticity of a coin or a work of art, or the most profitable and best use of a piece of real estate, depends on the knowledge and competence of the expert and the thoroughness with which the opinion is supported by experience and facts. 1040ez2012 For an expert's opinion to deserve much weight, the facts must support the opinion. 1040ez2012 For additional information, see Appraisals, later. 1040ez2012 Table 1. 1040ez2012 Factors That Affect FMV IF the factor you are considering is. 1040ez2012 . 1040ez2012 . 1040ez2012 THEN you should ask these questions. 1040ez2012 . 1040ez2012 . 1040ez2012     cost or selling price Was the purchase or sale of the property reasonably close to the date of contribution? Was any increase or decrease in value, as compared to your cost, at a reasonable rate? Do the terms of purchase or sale limit what can be done with the property? Was there an arm's-length offer to buy the property close to the valuation date?     sales of comparable properties How similar is the property sold to the property donated? How close is the date of sale to the valuation date? Was the sale at arm's-length? What was the condition of the market at the time of sale?     replacement cost What would it cost to replace the donated property? Is there a reasonable relationship between replacement cost and FMV? Is the supply of the donated property more or less than the demand for it?     opinions of experts Is the expert knowledgeable and competent? Is the opinion thorough and supported by facts and experience? Problems in Determining Fair Market Value There are a number of problems in determining the FMV of donated property. 1040ez2012 Unusual Market Conditions The sale price of the property itself in an arm's-length transaction in an open market is often the best evidence of its value. 1040ez2012 When you rely on sales of comparable property, the sales must have been made in an open market. 1040ez2012 If those sales were made in a market that was artificially supported or stimulated so as not to be truly representative, the prices at which the sales were made will not indicate the FMV. 1040ez2012 For example, liquidation sale prices usually do not indicate the FMV. 1040ez2012 Also, sales of stock under unusual circumstances, such as sales of small lots, forced sales, and sales in a restricted market, may not represent the FMV. 1040ez2012 Selection of Comparable Sales Using sales of comparable property is an important method for determining the FMV of donated property. 1040ez2012 However, the amount of weight given to a sale depends on the degree of similarity between the comparable and the donated properties. 1040ez2012 The degree of similarity must be close enough so that this selling price would have been given consideration by reasonably well-informed buyers or sellers of the property. 1040ez2012 Example. 1040ez2012 You give a rare, old book to your former college. 1040ez2012 The book is a third edition and is in poor condition because of a missing back cover. 1040ez2012 You discover that there was a sale for $300, near the valuation date, of a first edition of the book that was in good condition. 1040ez2012 Although the contents are the same, the books are not at all similar because of the different editions and their physical condition. 1040ez2012 Little consideration would be given to the selling price of the $300 property by knowledgeable buyers or sellers. 1040ez2012 Future Events You may not consider unexpected events happening after your donation of property in making the valuation. 1040ez2012 You may consider only the facts known at the time of the gift, and those that could be reasonably expected at the time of the gift. 1040ez2012 Example. 1040ez2012 You give farmland to a qualified charity. 1040ez2012 The transfer provides that your mother will have the right to all income and full use of the property for her life. 1040ez2012 Even though your mother dies 1 week after the transfer, the value of the property on the date it is given is its present value, subject to the life interest as estimated from actuarial tables. 1040ez2012 You may not take a higher deduction because the charity received full use and possession of the land only 1 week after the transfer. 1040ez2012 Using Past Events to Predict the Future A common error is to rely too much on past events that do not fairly reflect the probable future earnings and FMV. 1040ez2012 Example. 1040ez2012 You give all your rights in a successful patent to your favorite charity. 1040ez2012 Your records show that before the valuation date there were three stages in the patent's history of earnings. 1040ez2012 First, there was rapid growth in earnings when the invention was introduced. 1040ez2012 Then, there was a period of high earnings when the invention was being exploited. 1040ez2012 Finally, there was a decline in earnings when competing inventions were introduced. 1040ez2012 The entire history of earnings may be relevant in estimating the future earnings. 1040ez2012 However, the appraiser must not rely too much on the stage of rapid growth in earnings, or of high earnings. 1040ez2012 The market conditions at those times do not represent the condition of the market at the valuation date. 1040ez2012 What is most significant is the trend of decline in earnings up to the valuation date. 1040ez2012 For more information about donations of patents, see Patents, later. 1040ez2012 Valuation of Various Kinds of Property This section contains information on determining the FMV of ordinary kinds of donated property. 1040ez2012 For information on appraisals, see Appraisals, later. 1040ez2012 Household Goods The FMV of used household goods, such as furniture, appliances, and linens, is usually much lower than the price paid when new. 1040ez2012 Such used property may have little or no market value because of its worn condition. 1040ez2012 It may be out of style or no longer useful. 1040ez2012 You cannot take a deduction for household goods donated after August 17, 2006, unless they are in good used condition or better. 1040ez2012 A household good that is not in good used condition or better for which you take a deduction of more than $500 requires a qualified appraisal. 1040ez2012 See Deduction over $500 for certain clothing or household items, later. 1040ez2012 If the property is valuable because it is old or unique, see the discussion under Paintings, Antiques, and Other Objects of Art. 1040ez2012 Used Clothing Used clothing and other personal items are usually worth far less than the price you paid for them. 1040ez2012 Valuation of items of clothing does not lend itself to fixed formulas or methods. 1040ez2012 The price that buyers of used items actually pay in used clothing stores, such as consignment or thrift shops, is an indication of the value. 1040ez2012 You cannot take a deduction for clothing donated after August 17, 2006, unless it is in good used condition or better. 1040ez2012 An item of clothing that is not in good used condition or better for which you take a deduction of more than $500 requires a qualified appraisal. 1040ez2012 See Deduction over $500 for certain clothing or household items, later. 1040ez2012 For valuable furs or very expensive gowns, a Form 8283 may have to be sent with your tax return. 1040ez2012 Jewelry and Gems Jewelry and gems are of such a specialized nature that it is almost always necessary to get an appraisal by a specialized jewelry appraiser. 1040ez2012 The appraisal should describe, among other things, the style of the jewelry, the cut and setting of the gem, and whether it is now in fashion. 1040ez2012 If not in fashion, the possibility of having the property redesigned, recut, or reset should be reported in the appraisal. 1040ez2012 The stone's coloring, weight, cut, brilliance, and flaws should be reported and analyzed. 1040ez2012 Sentimental personal value has no effect on FMV. 1040ez2012 But if the jewelry was owned by a famous person, its value might increase. 1040ez2012 Paintings, Antiques, and Other Objects of Art Your deduction for contributions of paintings, antiques, and other objects of art, should be supported by a written appraisal from a qualified and reputable source, unless the deduction is $5,000 or less. 1040ez2012 Examples of information that should be included in appraisals of art objects—paintings in particular—are found later under Qualified Appraisal. 1040ez2012 Art valued at $20,000 or more. 1040ez2012   If you claim a deduction of $20,000 or more for donations of art, you must attach a complete copy of the signed appraisal to your return. 1040ez2012 For individual objects valued at $20,000 or more, a photograph of a size and quality fully showing the object, preferably an 8 x 10 inch color photograph or a color transparency no smaller than 4 x 5 inches, must be provided upon request. 1040ez2012 Art valued at $50,000 or more. 1040ez2012   If you donate an item of art that has been appraised at $50,000 or more, you can request a Statement of Value for that item from the IRS. 1040ez2012 You must request the statement before filing the tax return that reports the donation. 1040ez2012 Your request must include the following. 1040ez2012 A copy of a qualified appraisal of the item. 1040ez2012 See Qualified Appraisal, later. 1040ez2012 A $2,500 check or money order payable to the Internal Revenue Service for the user fee that applies to your request regarding one, two, or three items of art. 1040ez2012 Add $250 for each item in excess of three. 1040ez2012 A completed Form 8283, Section B. 1040ez2012 The location of the IRS territory that has examination responsibility for your return. 1040ez2012 If your request lacks essential information, you will be notified and given 30 days to provide the missing information. 1040ez2012   Send your request to: Internal Revenue Service Attention: Art Appraisal (C:AP:ART) P. 1040ez2012 O. 1040ez2012 Box 27720 McPherson Station Washington, DC 20038 Refunds. 1040ez2012   You can withdraw your request for a Statement of Value at any time before it is issued. 1040ez2012 However, the IRS will not refund the user fee if you do. 1040ez2012   If the IRS declines to issue a Statement of Value in the interest of efficient tax administration, the IRS will refund the user fee. 1040ez2012 Authenticity. 1040ez2012   The authenticity of the donated art must be determined by the appraiser. 1040ez2012 Physical condition. 1040ez2012   Important items in the valuation of antiques and art are physical condition and extent of restoration. 1040ez2012 These have a significant effect on the value and must be fully reported in an appraisal. 1040ez2012 An antique in damaged condition, or lacking the “original brasses,” may be worth much less than a similar piece in excellent condition. 1040ez2012 Art appraisers. 1040ez2012   More weight will usually be given to an appraisal prepared by an individual specializing in the kind and price range of the art being appraised. 1040ez2012 Certain art dealers or appraisers specialize, for example, in old masters, modern art, bronze sculpture, etc. 1040ez2012 Their opinions on the authenticity and desirability of such art would usually be given more weight than the opinions of more generalized art dealers or appraisers. 1040ez2012 They can report more recent comparable sales to support their opinion. 1040ez2012   To identify and locate experts on unique, specialized items or collections, you may wish to use the current Official Museum Directory of the American Association of Museums. 1040ez2012 It lists museums both by state and by category. 1040ez2012   To help you locate a qualified appraiser for your donation, you may wish to ask an art historian at a nearby college or the director or curator of a local museum. 1040ez2012 The Yellow Pages often list specialized art and antique dealers, auctioneers, and art appraisers. 1040ez2012 You may be able to find a qualified appraiser on the Internet. 1040ez2012 You may also contact associations of dealers for guidance. 1040ez2012 Collections Since many kinds of hobby collections may be the subject of a charitable donation, it is not possible to discuss all of the possible collectibles in this publication. 1040ez2012 Most common are rare books, autographs, sports memorabilia, dolls, manuscripts, stamps, coins, guns, phonograph records, and natural history items. 1040ez2012 Many of the elements of valuation that apply to paintings and other objects of art, discussed earlier, also apply to miscellaneous collections. 1040ez2012 Reference material. 1040ez2012   Publications available to help you determine the value of many kinds of collections include catalogs, dealers' price lists, and specialized hobby periodicals. 1040ez2012 When using one of these price guides, you must use the current edition at the date of contribution. 1040ez2012 However, these sources are not always reliable indicators of FMV and should be supported by other evidence. 1040ez2012   For example, a dealer may sell an item for much less than is shown on a price list, particularly after the item has remained unsold for a long time. 1040ez2012 The price an item sold for in an auction may have been the result of a rigged sale or a mere bidding duel. 1040ez2012 The appraiser must analyze the reference material, and recognize and make adjustments for misleading entries. 1040ez2012 If you are donating a valuable collection, you should get an appraisal. 1040ez2012 If your donation appears to be of little value, you may be able to make a satisfactory valuation using reference materials available at a state, city, college, or museum library. 1040ez2012 Stamp collections. 1040ez2012   Most libraries have catalogs or other books that report the publisher's estimate of values. 1040ez2012 Generally, two price levels are shown for each stamp: the price postmarked and the price not postmarked. 1040ez2012 Stamp dealers generally know the value of their merchandise and are able to prepare satisfactory appraisals of valuable collections. 1040ez2012 Coin collections. 1040ez2012   Many catalogs and other reference materials show the writer's or publisher's opinion of the value of coins on or near the date of the publication. 1040ez2012 Like many other collectors' items, the value of a coin depends on the demand for it, its age, and its rarity. 1040ez2012 Another important factor is the coin's condition. 1040ez2012 For example, there is a great difference in the value of a coin that is in mint condition and a similar coin that is only in good condition. 1040ez2012   Catalogs usually establish a category for coins, based on their physical condition—mint or uncirculated, extremely fine, very fine, fine, very good, good, fair, or poor—with a different valuation for each category. 1040ez2012 Books. 1040ez2012   The value of books is usually determined by selecting comparable sales and adjusting the prices according to the differences between the comparable sales and the item being evaluated. 1040ez2012 This is difficult to do and, except for a collection of little value, should be done by a specialized appraiser. 1040ez2012 Within the general category of literary property, there are dealers who specialize in certain areas, such as Americana, foreign imports, Bibles, and scientific books. 1040ez2012 Modest value of collection. 1040ez2012   If the collection you are donating is of modest value, not requiring a written appraisal, the following information may help you in determining the FMV. 1040ez2012   A book that is very old, or very rare, is not necessarily valuable. 1040ez2012 There are many books that are very old or rare, but that have little or no market value. 1040ez2012 Condition of book. 1040ez2012   The condition of a book may have a great influence on its value. 1040ez2012 Collectors are interested in items that are in fine, or at least good, condition. 1040ez2012 When a book has a missing page, a loose binding, tears, stains, or is otherwise in poor condition, its value is greatly lowered. 1040ez2012 Other factors. 1040ez2012   Some other factors in the valuation of a book are the kind of binding (leather, cloth, paper), page edges, and illustrations (drawings and photographs). 1040ez2012 Collectors usually want first editions of books. 1040ez2012 However, because of changes or additions, other editions are sometimes worth as much as, or more than, the first edition. 1040ez2012 Manuscripts, autographs, diaries, and similar items. 1040ez2012   When these items are handwritten, or at least signed by famous people, they are often in demand and are valuable. 1040ez2012 The writings of unknowns also may be of value if they are of unusual historical or literary importance. 1040ez2012 Determining the value of such material is difficult. 1040ez2012 For example, there may be a great difference in value between two diaries that were kept by a famous person—one kept during childhood and the other during a later period in his or her life. 1040ez2012 The appraiser determines a value in these cases by applying knowledge and judgment to such factors as comparable sales and conditions. 1040ez2012 Signatures. 1040ez2012   Signatures, or sets of signatures, that were cut from letters or other papers usually have little or no value. 1040ez2012 But complete sets of the signatures of U. 1040ez2012 S. 1040ez2012 presidents are in demand. 1040ez2012 Cars, Boats, and Aircraft If you donate a car, a boat, or an aircraft to a charitable organization, its FMV must be determined. 1040ez2012 Certain commercial firms and trade organizations publish monthly or seasonal guides for different regions of the country, containing complete dealer sale prices or dealer average prices for recent model years. 1040ez2012 Prices are reported for each make, model, and year. 1040ez2012 These guides also provide estimates for adjusting for unusual equipment, unusual mileage, and physical condition. 1040ez2012 The prices are not “official,” and these publications are not considered an appraisal of any specific donated property. 1040ez2012 But they do provide clues for making an appraisal and suggest relative prices for comparison with current sales and offerings in your area. 1040ez2012 These publications are sometimes available from public libraries or at a bank, credit union, or finance company. 1040ez2012 You can also find pricing information about used cars on the Internet. 1040ez2012 An acceptable measure of the FMV of a donated car, boat, or airplane is an amount not in excess of the price listed in a used vehicle pricing guide for a private party sale, not the dealer retail value, of a similar vehicle. 1040ez2012 However, the FMV may be less than that amount if the vehicle has engine trouble, body damage, high mileage, or any type of excessive wear. 1040ez2012 The FMV of a donated vehicle is the same as the price listed in a used vehicle pricing guide for a private party sale only if the guide lists a sales price for a vehicle that is the same make, model, and year, sold in the same area, in the same condition, with the same or similar options or accessories, and with the same or similar warranties as the donated vehicle. 1040ez2012 Example. 1040ez2012 You donate a used car in poor condition to a local high school for use by students studying car repair. 1040ez2012 A used car guide shows the dealer retail value for this type of car in poor condition is $1,600. 1040ez2012 However, the guide shows the price for a private party sale of the car is only $750. 1040ez2012 The FMV of the car is considered to be no more than $750. 1040ez2012 Boats. 1040ez2012   Except for inexpensive small boats, the valuation of boats should be based on an appraisal by a marine surveyor because the physical condition is so critical to the value. 1040ez2012 More information. 1040ez2012   Your deduction for a donated car, boat, or airplane generally is limited to the gross proceeds from its sale by the qualified organization. 1040ez2012 This rule applies if the claimed value of the donated vehicle is more than $500. 1040ez2012 In certain cases, you can deduct the vehicle's FMV. 1040ez2012 For details, see Publication 526. 1040ez2012 Inventory If you donate any inventory item to a charitable organization, the amount of your deductible contribution generally is the FMV of the item, minus any gain you would have realized if you had sold the item at its FMV on the date of the gift. 1040ez2012 For more information, see Publication 526. 1040ez2012 Patents To determine the FMV of a patent, you must take into account, among other factors: Whether the patented technology has been made obsolete by other technology; Any restrictions on the donee's use of, or ability to transfer, the patented technology; and The length of time remaining before the patent expires. 1040ez2012 However, your deduction for a donation of a patent or other intellectual property is its FMV, minus any gain you would have realized if you had sold the property at its FMV on the date of the gift. 1040ez2012 Generally, this means your deduction is the lesser of the property's FMV or its basis. 1040ez2012 For details, see Publication 526. 1040ez2012 Stocks and Bonds The value of stocks and bonds is the FMV of a share or bond on the valuation date. 1040ez2012 See Date of contribution, earlier, under What Is Fair Market Value (FMV). 1040ez2012 Selling prices on valuation date. 1040ez2012   If there is an active market for the contributed stocks or bonds on a stock exchange, in an over-the-counter market, or elsewhere, the FMV of each share or bond is the average price between the highest and lowest quoted selling prices on the valuation date. 1040ez2012 For example, if the highest selling price for a share was $11, and the lowest $9, the average price is $10. 1040ez2012 You get the average price by adding $11 and $9 and dividing the sum by 2. 1040ez2012 No sales on valuation date. 1040ez2012   If there were no sales on the valuation date, but there were sales within a reasonable period before and after the valuation date, you determine FMV by taking the average price between the highest and lowest sales prices on the nearest date before and on the nearest date after the valuation date. 1040ez2012 Then you weight these averages in inverse order by the respective number of trading days between the selling dates and the valuation date. 1040ez2012 Example. 1040ez2012   On the day you gave stock to a qualified organization, there were no sales of the stock. 1040ez2012 Sales of the stock nearest the valuation date took place two trading days before the valuation date at an average selling price of $10 and three trading days after the valuation date at an average selling price of $15. 1040ez2012 The FMV on the valuation date was $12, figured as follows: [(3 x $10) + (2 x $15)] ÷ 5 = $12 Listings on more than one stock exchange. 1040ez2012   Stocks or bonds listed on more than one stock exchange are valued based on the prices of the exchange on which they are principally dealt. 1040ez2012 This applies if these prices are published in a generally available listing or publication of general circulation. 1040ez2012 If this is not applicable, and the stocks or bonds are reported on a composite listing of combined exchanges in a publication of general circulation, use the composite list. 1040ez2012 See also Unavailable prices or closely held corporation, later. 1040ez2012 Bid and asked prices on valuation date. 1040ez2012   If there were no sales within a reasonable period before and after the valuation date, the FMV is the average price between the bona fide bid and asked prices on the valuation date. 1040ez2012 Example. 1040ez2012 Although there were no sales of Blue Corporation stock on the valuation date, bona fide bid and asked prices were available on that date of $14 and $16, respectively. 1040ez2012 The FMV is $15, the average price between the bid and asked prices. 1040ez2012 No prices on valuation date. 1040ez2012   If there were no prices available on the valuation date, you determine FMV by taking the average prices between the bona fide bid and asked prices on the closest trading date before and after the valuation date. 1040ez2012 Both dates must be within a reasonable period. 1040ez2012 Then you weight these averages in inverse order by the respective number of trading days between the bid and asked dates and the valuation date. 1040ez2012 Example. 1040ez2012 On the day you gave stock to a qualified organization, no prices were available. 1040ez2012 Bona fide bid and asked prices 3 days before the valuation date were $10 and 2 days after the valuation date were $15. 1040ez2012 The FMV on the valuation date is $13, figured as follows: [(2 x $10) + (3 x $15)] ÷ 5 = $13 Prices only before or after valuation date, but not both. 1040ez2012   If no selling prices or bona fide bid and asked prices are available on a date within a reasonable period before the valuation date, but are available on a date within a reasonable period after the valuation date, or vice versa, then the average price between the highest and lowest of such available prices may be treated as the value. 1040ez2012 Large blocks of stock. 1040ez2012   When a large block of stock is put on the market, it may lower the selling price of the stock if the supply is greater than the demand. 1040ez2012 On the other hand, market forces may exist that will afford higher prices for large blocks of stock. 1040ez2012 Because of the many factors to be considered, determining the value of large blocks of stock usually requires the help of experts specializing in underwriting large quantities of securities, or in trading in the securities of the industry of which the particular company is a part. 1040ez2012 Unavailable prices or closely held corporation. 1040ez2012   If selling prices or bid and asked prices are not available, or if securities of a closely held corporation are involved, determine the FMV by considering the following factors. 1040ez2012 For bonds, the soundness of the security, the interest yield, the date of maturity, and other relevant factors. 1040ez2012 For shares of stock, the company's net worth, prospective earning power and dividend-paying capacity, and other relevant factors. 1040ez2012 Other factors. 1040ez2012   Other relevant factors include: The nature and history of the business, especially its recent history, The goodwill of the business, The economic outlook in the particular industry, The company's position in the industry, its competitors, and its management, and The value of securities of corporations engaged in the same or similar business. 1040ez2012 For preferred stock, the most important factors are its yield, dividend coverage, and protection of its liquidation preference. 1040ez2012   You should keep complete financial and other information on which the valuation is based. 1040ez2012 This includes copies of reports of examinations of the company made by accountants, engineers, or any technical experts on or close to the valuation date. 1040ez2012 Restricted securities. 1040ez2012   Some classes of stock cannot be traded publicly because of restrictions imposed by the Securities and Exchange Commission, or by the corporate charter or a trust agreement. 1040ez2012 These restricted securities usually trade at a discount in relation to freely traded securities. 1040ez2012   To arrive at the FMV of restricted securities, factors that you must consider include the resale provisions found in the restriction agreements, the relative negotiating strengths of the buyer and seller, and the market experience of freely traded securities of the same class as the restricted securities. 1040ez2012 Real Estate Because each piece of real estate is unique and its valuation is complicated, a detailed appraisal by a professional appraiser is necessary. 1040ez2012 The appraiser must be thoroughly trained in the application of appraisal principles and theory. 1040ez2012 In some instances the opinions of equally qualified appraisers may carry unequal weight, such as when one appraiser has a better knowledge of local conditions. 1040ez2012 The appraisal report must contain a complete description of the property, such as street address, legal description, and lot and block number, as well as physical features, condition, and dimensions. 1040ez2012 The use to which the property is put, zoning and permitted uses, and its potential use for other higher and better uses are also relevant. 1040ez2012 In general, there are three main approaches to the valuation of real estate. 1040ez2012 An appraisal may require the combined use of two or three methods rather than one method only. 1040ez2012 1. 1040ez2012 Comparable Sales The comparable sales method compares the donated property with several similar properties that have been sold. 1040ez2012 The selling prices, after adjustments for differences in date of sale, size, condition, and location, would then indicate the estimated FMV of the donated property. 1040ez2012 If the comparable sales method is used to determine the value of unimproved real property (land without significant buildings, structures, or any other improvements that add to its value), the appraiser should consider the following factors when comparing the potential comparable property and the donated property: Location, size, and zoning or use restrictions, Accessibility and road frontage, and available utilities and water rights, Riparian rights (right of access to and use of the water by owners of land on the bank of a river) and existing easements, rights-of-way, leases, etc. 1040ez2012 , Soil characteristics, vegetative cover, and status of mineral rights, and Other factors affecting value. 1040ez2012 For each comparable sale, the appraisal must include the names of the buyer and seller, the deed book and page number, the date of sale and selling price, a property description, the amount and terms of mortgages, property surveys, the assessed value, the tax rate, and the assessor's appraised FMV. 1040ez2012 The comparable selling prices must be adjusted to account for differences between the sale property and the donated property. 1040ez2012 Because differences of opinion may arise between appraisers as to the degree of comparability and the amount of the adjustment considered necessary for comparison purposes, an appraiser should document each item of adjustment. 1040ez2012 Only comparable sales having the least adjustments in terms of items and/or total dollar adjustments should be considered as comparable to the donated property. 1040ez2012 2. 1040ez2012 Capitalization of Income This method capitalizes the net income from the property at a rate that represents a fair return on the particular investment at the particular time, considering the risks involved. 1040ez2012 The key elements are the determination of the income to be capitalized and the rate of capitalization. 1040ez2012 3. 1040ez2012 Replacement Cost New or Reproduction Cost Minus Observed Depreciation This method, used alone, usually does not result in a determination of FMV. 1040ez2012 Instead, it generally tends to set the upper limit of value, particularly in periods of rising costs, because it is reasonable to assume that an informed buyer will not pay more for the real estate than it would cost to reproduce a similar property. 1040ez2012 Of course, this reasoning does not apply if a similar property cannot be created because of location, unusual construction, or some other reason. 1040ez2012 Generally, this method serves to support the value determined from other methods. 1040ez2012 When the replacement cost method is applied to improved realty, the land and improvements are valued separately. 1040ez2012 The replacement cost of a building is figured by considering the materials, the quality of workmanship, and the number of square feet or cubic feet in the building. 1040ez2012 This cost represents the total cost of labor and material, overhead, and profit. 1040ez2012 After the replacement cost has been figured, consideration must be given to the following factors: Physical deterioration—the wear and tear on the building itself, Functional obsolescence—usually in older buildings with, for example, inadequate lighting, plumbing, or heating, small rooms, or a poor floor plan, and Economic obsolescence—outside forces causing the whole area to become less desirable. 1040ez2012 Interest in a Business The FMV of any interest in a business, whether a sole proprietorship or a partnership, is the amount that a willing buyer would pay for the interest to a willing seller after consideration of all relevant factors. 1040ez2012 The relevant factors to be considered in valuing the business are: The FMV of the assets of the business, The demonstrated earnings capacity of the business, based on a review of past and current earnings, and The other factors used in evaluating corporate stock, if they apply. 1040ez2012 The value of the goodwill of the business should also be taken into consideration. 1040ez2012 You should keep complete financial and other information on which you base the valuation. 1040ez2012 This includes copies of reports of examinations of the business made by accountants, engineers, or any technical experts on or close to the valuation date. 1040ez2012 Annuities, Interests for Life or Terms of Years, Remainders, and Reversions The value of these kinds of property is their present value, except in the case of annuities under contracts issued by companies regularly engaged in their sale. 1040ez2012 The valuation of these commercial annuity contracts and of insurance policies is discussed later under Certain Life Insurance and Annuity Contracts. 1040ez2012 To determine present value, you must know the applicable interest rate and use actuarial tables. 1040ez2012 Interest rate. 1040ez2012   The applicable interest rate varies. 1040ez2012 It is announced monthly in a news release and published in the Internal Revenue Bulletin as a Revenue Ruling. 1040ez2012 The interest rate to use is under the heading “Rate Under Section 7520” for a given month and year. 1040ez2012 You can call the IRS office at 1-800-829-1040 to obtain this rate. 1040ez2012 Actuarial tables. 1040ez2012   You need to refer to actuarial tables to determine a qualified interest in the form of an annuity, any interest for life or a term of years, or any remainder interest to a charitable organization. 1040ez2012   Use the valuation tables set forth in IRS Publications 1457, Actuarial Values (Book Aleph), and 1458, Actuarial Values (Book Beth). 1040ez2012 Both of these publications provide tables containing actuarial factors to be used in determining the present value of an annuity, an interest for life or for a term of years, or a remainder or reversionary interest. 1040ez2012 For qualified charitable transfers, you can use the factor for the month in which you made the contribution or for either of the 2 months preceding that month. 1040ez2012   Publication 1457 also contains actuarial factors for computing the value of a remainder interest in a charitable remainder annuity trust and a pooled income fund. 1040ez2012 Publication 1458 contains the factors for valuing the remainder interest in a charitable remainder unitrust. 1040ez2012 You can download Publications 1457 and 1458 from www. 1040ez2012 irs. 1040ez2012 gov. 1040ez2012 In addition, they are available for purchase via the website of the U. 1040ez2012 S. 1040ez2012 Government Printing Office, by phone at (202) 512-1800, or by mail from the: Superintendent of Documents P. 1040ez2012 O. 1040ez2012 Box 371954 Pittsburgh, PA 15250-7954 Tables containing actuarial factors for transfers to pooled income funds may also be found in Income Tax Regulation 1. 1040ez2012 642(c)-6(e)(6), transfers to charitable remainder unitrusts in Regulation 1. 1040ez2012 664-4(e), and other transfers in Regulation 20. 1040ez2012 2031-7(d)(6). 1040ez2012 Special factors. 1040ez2012   If you need a special factor for an actual transaction, you can request a letter ruling. 1040ez2012 Be sure to include the date of birth of each person the duration of whose life may affect the value of the interest. 1040ez2012 Also include copies of the relevant instruments. 1040ez2012 IRS charges a user fee for providing special factors. 1040ez2012   For more information about requesting a ruling, see Revenue Procedure 2006-1 (or annual update), 2006-1 I. 1040ez2012 R. 1040ez2012 B. 1040ez2012 1. 1040ez2012 Revenue Procedure 2006-1 is available at www. 1040ez2012 irs. 1040ez2012 gov/irb/2006-01_IRB/ar06. 1040ez2012 html. 1040ez2012   For information on the circumstances under which a charitable deduction may be allowed for the donation of a partial interest in property not in trust, see Partial Interest in Property Not in Trust, later. 1040ez2012 Certain Life Insurance and Annuity Contracts The value of an annuity contract or a life insurance policy issued by a company regularly engaged in the sale of such contracts or policies is the amount that company would charge for a comparable contract. 1040ez2012 But if the donee of a life insurance policy may reasonably be expected to cash the policy rather than hold it as an investment, then the FMV is the cash surrender value rather than the replacement cost. 1040ez2012 If an annuity is payable under a combination annuity contract and life insurance policy (for example, a retirement income policy with a death benefit) and there was no insurance element when it was transferred to the charity, the policy is treated as an annuity contract. 1040ez2012 Partial Interest in Property Not in Trust Generally, no deduction is allowed for a charitable contribution, not made in trust, of less than your entire interest in property. 1040ez2012 However, this does not apply to a transfer of less than your entire interest if it is a transfer of: A remainder interest in your personal residence or farm, An undivided part of your entire interest in property, or A qualified conservation contribution. 1040ez2012 Remainder Interest in Real Property The amount of the deduction for a donation of a remainder interest in real property is the FMV of the remainder interest at the time of the contribution. 1040ez2012 To determine this value, you must know the FMV of the property on the date of the contribution. 1040ez2012 Multiply this value by the appropriate factor. 1040ez2012 Publications 1457 and 1458 contain these factors. 1040ez2012 You must make an adjustment for depreciation or depletion using the factors shown in Publication 1459, Actuarial Values (Book Gimel). 1040ez2012 You can use the factors for the month in which you made the contribution or for either of the two months preceding that month. 1040ez2012 See the earlier discussion on Annuities, Interests for Life or Terms of Years, Remainders, and Reversions. 1040ez2012 You can download Publication 1459 from www. 1040ez2012 irs. 1040ez2012 gov. 1040ez2012 For this purpose, the term “depreciable property” means any property subject to wear and tear or obsolescence, even if not used in a trade or business or for the production of income. 1040ez2012 If the remainder interest includes both depreciable and nondepreciable property, for example a house and land, the FMV must be allocated between each kind of property at the time of the contribution. 1040ez2012 This rule also applies to a gift of a remainder interest that includes property that is part depletable and part not depletable. 1040ez2012 Take into account depreciation or depletion only for the property that is subject to depreciation or depletion. 1040ez2012 For more information, see section 1. 1040ez2012 170A-12 of the Income Tax Regulations. 1040ez2012 Undivided Part of Your Entire Interest A contribution of an undivided part of your entire interest in property must consist of a part of each and every substantial interest or right you own in the property. 1040ez2012 It must extend over the entire term of your interest in the property. 1040ez2012 For example, you are entitled to the income from certain property for your life (life estate) and you contribute 20% of that life estate to a qualified organization. 1040ez2012 You can claim a deduction for the contribution if you do not have any other interest in the property. 1040ez2012 To figure the value of a contribution involving a partial interest, see Publication 1457. 1040ez2012 If the only interest you own in real property is a remainder interest and you transfer part of that interest to a qualified organization, see the previous discussion on valuation of a remainder interest in real property. 1040ez2012 Qualified Conservation Contribution A qualified conservation contribution is a contribution of a qualified real property interest to a qualified organization to be used only for conservation purposes. 1040ez2012 Qualified organization. 1040ez2012   For purposes of a qualified conservation contribution, a qualified organization is: A governmental unit, A publicly supported charitable, religious, scientific, literary, educational, etc. 1040ez2012 , organization, or An organization that is controlled by, and operated for the exclusive benefit of, a governmental unit or a publicly supported charity. 1040ez2012 The organization also must have a commitment to protect the conservation purposes of the donation and must have the resources to enforce the restrictions. 1040ez2012 Conservation purposes. 1040ez2012   Your contribution must be made only for one of the following conservation purposes. 1040ez2012 Preserving land areas for outdoor recreation by, or for the education of, the general public. 1040ez2012 Protecting a relatively natural habitat of fish, wildlife, or plants, or a similar ecosystem. 1040ez2012 Preserving open space, including farmland and forest land, if it yields a significant public benefit. 1040ez2012 It must be either for the scenic enjoyment of the general public or under a clearly defined federal, state, or local governmental conservation policy. 1040ez2012 Preserving a historically important land area or a certified historic structure. 1040ez2012 There must be some visual public access to the property. 1040ez2012 Factors used in determining the type and amount of public access required include the historical significance of the property, the remoteness or accessibility of the site, and the extent to which intrusions on the privacy of individuals living on the property would be unreasonable. 1040ez2012 Building in registered historic district. 1040ez2012   A contribution after July 25, 2006, of a qualified real property interest that is an easement or other restriction on the exterior of a building in a registered historic district is deductible only if it meets all of the following three conditions. 1040ez2012 The restriction must preserve the entire exterior of the building and must prohibit any change to the exterior of the building that is inconsistent with its historical character. 1040ez2012 You and the organization receiving the contribution must enter into a written agreement certifying, that the organization is a qualified organization and that it has the resources and commitment to maintain the property as donated. 1040ez2012 If you make the contribution in a tax year beginning after August 17, 2006, you must include with your return: A qualified appraisal, Photographs of the building's entire exterior, and A description of all restrictions on development of the building, such as zoning laws and restrictive covenants. 1040ez2012   If you make this type of contribution after February 12, 2007, and claim a deduction of more than $10,000, your deduction will not be allowed unless you pay a $500 filing fee. 1040ez2012 See Form 8283-V, Payment Voucher for Filing Fee Under Section 170(f)(13), and its instructions. 1040ez2012 Qualified real property interest. 1040ez2012   This is any of the following interests in real property. 1040ez2012 Your entire interest in real estate other than a mineral interest (subsurface oil, gas, or other minerals, and the right of access to these minerals). 1040ez2012 A remainder interest. 1040ez2012 A restriction (granted in perpetuity) on the use that may be made of the real property. 1040ez2012 Valuation. 1040ez2012   A qualified real property interest described in (1) should be valued in a manner that is consistent with the type of interest transferred. 1040ez2012 If you transferred all the interest in the property, the FMV of the property is the amount of the contribution. 1040ez2012 If you do not transfer the mineral interest, the FMV of the surface rights in the property is the amount of the contribution. 1040ez2012   If you owned only a remainder interest or an income interest (life estate), see Undivided Part of Your Entire Interest, earlier. 1040ez2012 If you owned the entire property but transferred only a remainder interest (item (2)), see Remainder Interest in Real Property, earlier. 1040ez2012   In determining the value of restrictions, you should take into account the selling price in arm's-length transactions of other properties that have comparable restrictions. 1040ez2012 If there are no comparable sales, the restrictions are valued indirectly as the difference between the FMVs of the property involved before and after the grant of the restriction. 1040ez2012   The FMV of the property before contribution of the restriction should take into account not only current use but the likelihood that the property, without the restriction, would be developed. 1040ez2012 You should also consider any zoning, conservation, or historical preservation laws that would restrict development. 1040ez2012 Granting an easement may increase, rather than reduce, the value of property, and in such a situation no deduction would be allowed. 1040ez2012 Example. 1040ez2012   You own 10 acres of farmland. 1040ez2012 Similar land in the area has an FMV of $2,000 an acre. 1040ez2012 However, land in the general area that is restricted solely to farm use has an FMV of $1,500 an acre. 1040ez2012 Your county wants to preserve open space and prevent further development in your area. 1040ez2012   You grant to the county an enforceable open space easement in perpetuity on 8 of the 10 acres, restricting its use to farmland. 1040ez2012 The value of this easement is $4,000, determined as follows: FMV of the property before granting easement:   $2,000 × 10 acres $20,000 FMV of the property after granting easement:   $1,500 × 8 acres $12,000   $2,000 × 2 acres 4,000 16,000 Value of easement   $4,000   If you later transfer in fee your remaining interest in the 8 acres to another qualified organization, the FMV of your remaining interest is the FMV of the 8 acres reduced by the FMV of the easement granted to the first organization. 1040ez2012 More information. 1040ez2012   For more information about qualified conservation contributions, see Publication 526. 1040ez2012 Appraisals Appraisals are not necessary for items of property for which you claim a deduction of $5,000 or less. 1040ez2012 (There is one exception, described next, for certain clothing and household items. 1040ez2012 ) However, you generally will need an appraisal for donated property for which you claim a deduction of more than $5,000. 1040ez2012 There are exceptions. 1040ez2012 See Deductions of More Than $5,000, later. 1040ez2012 The weight given an appraisal depends on the completeness of the report, the qualifications of the appraiser, and the appraiser's demonstrated knowledge of the donated property. 1040ez2012 An appraisal must give all the facts on which to base an intelligent judgment of the value of the property. 1040ez2012 The appraisal will not be given much weight if: All the factors that apply are not considered, The opinion is not supported with facts, such as purchase price and comparable sales, or The opinion is not consistent with known facts. 1040ez2012 The appraiser's opinion is never more valid than the facts on which it is based; without these facts it is simply a guess. 1040ez2012 The opinion of a person claiming to be an expert is not binding on the Internal Revenue Service. 1040ez2012 All facts associated with the donation must be considered. 1040ez2012 Deduction over $500 for certain clothing or household items. 1040ez2012   You must include with your return a qualified appraisal of any single item of clothing or any household item that is not in good used condition or better, that you donated after August 17, 2006, and for which you deduct more than $500. 1040ez2012 See Household Goods and Used Clothing, earlier. 1040ez2012 Cost of appraisals. 1040ez2012   You may not take a charitable contribution deduction for fees you pay for appraisals of your donated property. 1040ez2012 However, these fees may qualify as a miscellaneous deduction, subject to the 2% limit, on Schedule A (Form 1040) if paid to determine the amount allowable as a charitable contribution. 1040ez2012 Deductions of More Than $5,000 Generally, if the claimed deduction for an item or group of similar items of donated property is more than $5,000, you must get a qualified appraisal made by a qualified appraiser, and you must attach Section B of Form 8283 to your tax return. 1040ez2012 There are exceptions, discussed later. 1040ez2012 You should keep the appraiser's report with your written records. 1040ez2012 Records are discussed in Publication 526. 1040ez2012 The phrase “similar items” means property of the same generic category or type (whether or not donated to the same donee), such as stamp collections, coin collections, lithographs, paintings, photographs, books, nonpublicly traded stock, nonpublicly traded securities other than nonpublicly traded stock, land, buildings, clothing, jewelry, furniture, electronic equipment, household appliances, toys, everyday kitchenware, china, crystal, or silver. 1040ez2012 For example, if you give books to three schools and you deduct $2,000, $2,500, and $900, respectively, your claimed deduction is more than $5,000 for these books. 1040ez2012 You must get a qualified appraisal of the books and for each school you must attach a fully completed Form 8283, Section B, to your tax return. 1040ez2012 Exceptions. 1040ez2012   You do not need an appraisal if the property is: Nonpublicly traded stock of $10,000 or less, A vehicle (including a car, boat, or airplane) for which your deduction is limited to the gross proceeds from its sale, Qualified intellectual property, such as a patent, Certain publicly traded securities described next, Inventory and other property donated by a corporation that are “qualified contributions” for the care of the ill, the needy, or infants, within the meaning of section 170(e)(3)(A) of the Internal Revenue Code, or Stock in trade, inventory, or property held primarily for sale to customers in the ordinary course of your trade or business. 1040ez2012   Although an appraisal is not required for the types of property just listed, you must provide certain information about a donation of any of these types of property on Form 8283. 1040ez2012 Publicly traded securities. 1040ez2012   Even if your claimed deduction is more than $5,000, neither a qualified appraisal nor Section B of Form 8283 is required for publicly traded securities that are: Listed on a stock exchange in which quotations are published on a daily basis, Regularly traded in a national or regional over-the-counter market for which published quotations are available, or Shares of an open-end investment company (mutual fund) for which quotations are published on a daily basis in a newspaper of general circulation throughout the United States. 1040ez2012 Publicly traded securities that meet these requirements must be reported on Form 8283, Section A. 1040ez2012   A qualified appraisal is not required, but Form 8283, Section B, Parts I and IV, must be completed, for an issue of a security that does not meet the requirements just listed but does meet these requirements: The issue is regularly traded during the computation period (defined later) in a market for which there is an “interdealer quotation system” (defined later), The issuer or agent computes the “average trading price” (defined later) for the same issue for the computation period, The average trading price and total volume of the issue during the computation period are published in a newspaper of general circulation throughout the United States, not later than the last day of the month following the end of the calendar quarter in which the computation period ends, The issuer or agent keeps books and records that list for each transaction during the computation period the date of settlement of the transaction, the name and address of the broker or dealer making the market in which the transaction occurred, and the trading price and volume, and The issuer or agent permits the Internal Revenue Service to review the books and records described in item (4) with respect to transactions during the computation period upon receiving reasonable notice. 1040ez2012   An interdealer quotation system is any system of general circulation to brokers and dealers that regularly disseminates quotations of obligations by two or more identified brokers or dealers who are not related to either the issuer or agent who computes the average trading price of the security. 1040ez2012 A quotation sheet prepared and distributed by a broker or dealer in the regular course of business and containing only quotations of that broker or dealer is not an interdealer quotation system. 1040ez2012   The average trading price is the average price of all transactions (weighted by volume), other than original issue or redemption transactions, conducted through a United States office of a broker or dealer who maintains a market in the issue of the security during the computation period. 1040ez2012 Bid and asked quotations are not taken into account. 1040ez2012   The computation period is weekly during October through December and monthly during January through September. 1040ez2012 The weekly computation periods during October through December begin with the first Monday in October and end with the first Sunday following the last Monday in December. 1040ez2012 Nonpublicly traded stock. 1040ez2012   If you contribute nonpublicly traded stock, for which you claim a deduction of $10,000 or less, a qualified appraisal is not required. 1040ez2012 However, you must attach Form 8283 to your tax return, with Section B, Parts I and IV, completed. 1040ez2012 Deductions of More Than $500,000 If you claim a deduction of more than $500,000 for a donation of property, you must attach a qualified appraisal of the property to your return. 1040ez2012 This does not apply to contributions of cash, inventory, publicly traded stock, or intellectual property. 1040ez2012 If you do not attach the appraisal, you cannot deduct your contribution, unless your failure to attach the appraisal is due to reasonable cause and not to willful neglect. 1040ez2012 Qualified Appraisal Generally, if the claimed deduction for an item or group of similar items of donated property is more than $5,000, you must get a qualified appraisal made by a qualified appraiser. 1040ez2012 You must also complete Form 8283, Section B, and attach it to your tax return. 1040ez2012 See Deductions of More Than $5,000, earlier. 1040ez2012 A qualified appraisal is an appraisal document that: Is made, signed, and dated by a qualified appraiser (defined later) in accordance with generally accepted appraisal standards, Meets the relevant requirements of Regulations section 1. 1040ez2012 170A-13(c)(3) and Notice 2006-96, 2006-46 I. 1040ez2012 R. 1040ez2012 B. 1040ez2012 902 (available at www. 1040ez2012 irs. 1040ez2012 gov/irb/2006-46_IRB/ar13. 1040ez2012 html), Relates to an appraisal made not earlier than 60 days before the date of contribution of the appraised property, Does not involve a prohibited appraisal fee, and Includes certain information (covered later). 1040ez2012 You must receive the qualified appraisal before the due date, including extensions, of the return on which a charitable contribution deduction is first claimed for the donated property. 1040ez2012 If the deduction is first claimed on an amended return, the qualified appraisal must be received before the date on which the amended return is filed. 1040ez2012 Form 8283, Section B, must be attached to your tax return. 1040ez2012 Generally, you do not need to attach the qualified appraisal itself, but you should keep a copy as long as it may be relevant under the tax law. 1040ez2012 There are four exceptions. 1040ez2012 If you claim a deduction of $20,000 or more for donations of art, you must attach a complete copy of the appraisal. 1040ez2012 See Paintings, Antiques, and Other Objects of Art, earlier. 1040ez2012 If you claim a deduction of more than $500,000 for a donation of property, you must attach the appraisal. 1040ez2012 See Deductions of More Than $500,000, earlier. 1040ez2012 If you claim a deduction of more than $500 for an article of clothing, or a household item, that is not in good used condition or better, that you donated after August 17, 2006, you must attach the appraisal. 1040ez2012 See Deduction over $500 for certain clothing or household items, earlier. 1040ez2012 If you claim a deduction in a tax year beginning after August 17, 2006, for an easement or other restriction on the exterior of a building in a historic district, you must attach the appraisal. 1040ez2012 See Building in registered historic district, earlier. 1040ez2012 Prohibited appraisal fee. 1040ez2012   Generally, no part of the fee arrangement for a qualified appraisal can be based on a percentage of the appraised value of the property. 1040ez2012 If a fee arrangement is based on what is allowed as a deduction, after Internal Revenue Service examination or otherwise, it is treated as a fee based on a percentage of appraised value. 1040ez2012 However, appraisals are not disqualified when an otherwise prohi