Читать книгу The Tax Law of Charitable Giving - Bruce Hopkins R., Bruce R. Hopkins, David Middlebrook - Страница 74

The special rule is: When a charitable gift of tangible personal property is made, the amount of the charitable deduction that would otherwise be determined must be reduced by the amount of gain that would have been long-term capital gain if the property contributed had been sold by the donor at its fair market value, determined at the time of the contribution, when:

 The use by the charitable donee is unrelated to the donee's tax-exempt purpose or, when the donee is a governmental unit, if the use to which the contributed property is put is for a purpose other than an exclusively public purpose,⁵⁵ or

 The property is applicable property that is sold, exchanged, or otherwise disposed of by the donee before the last day of the tax year in which the contribution was made and with respect to which the donee has not made the requisite certification.⁵⁶

In these circumstances, when the contributed property is capital gain property, the charitable deduction that would otherwise be determined must be reduced by the amount of the unrealized appreciation in value.⁵⁷

This rule applies:

 Irrespective of whether the donor is an individual or a corporation

 Irrespective of the tax classification of the charitable organization that is the donee (for example, public or private charity)⁵⁸

 Irrespective of whether the charitable contribution is made to or for the use of a charitable organization⁵⁹

 To a gift of tangible personal property prior to application of the appropriate percentage limitation(s)⁶⁰

When tangible personal property is put to a related use by the recipient charitable organization, the charitable reduction is based on the fair market value of the property (that is, there is no reduction for the capital gain element).