By R. Michael Sorrells, CPA
While neither charity auctions nor the various rules governing them are new, we receive numerous questions about them and observe many examples of inadequate auction procedures by both large and small organizations.
Charity auctions (silent or live) typically sell merchandise or services that are donated to the organization. Thus, the first requirement for the organization is to acknowledge the donation of the item to be auctioned. Often, this step is missed, as the organization is more concerned about reporting to the purchaser and not the donor. If the donated item may have a $250 or higher fair market value (FMV), then the organization should be sending out acknowledgement letters with certain required language, including that no goods or services were received in exchange for the donation. This acknowledgement is required if the donor is going to take a tax deduction for the donation. For donated items, the organization should not put the value of the item on the acknowledgement letter, even though the donor may have provided it. The donor is responsible for valuing the donated item on his/her tax return and the rules can vary significantly here. For example, if the donation is from the donor’s inventory, the donor’s deduction may be different than if the donation is from the donor’s art collection.
Also, if the appraised value of the gift is greater than $5,000, the donor may be giving the charity a Form 8283 to sign. If this is the case, when the item is sold at the auction, the charity will be required to file Form 8282 with the IRS that indicates the donated item was sold and the price at which it was sold.
Similar acknowledgement rules apply to the purchasers at the auction when they spend $250 or more on an item. The organization should send them an acknowledgement for the purchase, but in this case the letter should tell them how much of the purchase price is for the goods and services received (not deductible) and how much is in excess of that
Often, donors to a charity auction donate use of a vacation home or personal services (for example, cooking a dinner) to be auctioned off. However, donations for use of facilities or services do not qualify as charitable deductions. In this case, it may be prudent for the organization to tell donors in advance that it is their understanding that these types of gifts are not tax-deductible, but that they should consult their tax advisors.
Another rule requires the organization to inform the donor of tax deductibility for event tickets or purchases of $75 or more (IRC Section 6115(a)). Failure to do this can result in penalties to the organization and disclosure of compliance is one of the questions on the Form 990. Under these “quid pro quo” rules for event tickets or purchases of $75 or more,
the organization is responsible for informing the purchaser as to how much of the purchase price is a donation and how much is for goods and services. In other words, any excess over the FMV of an item is a donation. If the purchase price does not exceed the FMV, then there is no donation by the purchaser (which is often the case). The easiest way to inform auction purchasers of FMV is to provide the information on the program. The value of each item should be listed and there should be prominent language saying that only the amount paid in excess of value is allowable as a charitable deduction. It is important that the retail value of the item be used on this listing—not simply its cost, as it may have
been purchased at a discount or produced by the donor. Often, the donor of the item can provide this information; if not, the organization will have to do some research. The valuation can be a good faith estimate.
Another area often ignored with charitable auctions is sales or local tax. Most states (and some localities) tax sales of merchandise by charitable organizations; having an exemption from paying sales tax is not an exemption from collecting it. Many organizations already are engaged in the sale of merchandise and are already registered with the state where the auction is occurring. However, when an organization does not ordinarily engage in merchandise sales or is conducting an auction in another state, it may be required to register and collect sales tax even for a one-time event. Some states have exclusions from registration and collection of tax for “occasional” sales and for charitable fundraising. So it is important to research sales tax issues well before the planned auction date.
Lastly, for the Form 990, charitable auctions will be reported as a fundraising activity on the revenue section (Part VIII) and, if above certain thresholds, on Schedule G. The donation portion of the receipts is reported on Line 1c for Part VIII as donations, while the value of purchased items (the FMV) goes on line 8a of Part VIII as gross income. Schedule G requires a listing of all fundraising events with a little more detail. The net income of the fundraising event will generally be shown in the “excluded” column of Part VIII, as it usually fits an exclusion from unrelated business
income either because of selling donated merchandise, use of primarily donated merchandise in the activity or because the activity is not regularly carried on (once a year or less in frequency). While charity auctions may be lucrative fundraisers, it is important to know and comply with the rules in order to keep the IRS, donors and state taxing authorities happy.
For more information contact a Templeton Advisor.
This article originally appeared in BDO USA, LLP’s “Nonprofit Standard” newsletter (Fall 2014). Copyright © 2014 BDO USA, LLP. All rights reserved. www.bdo.com