Читать книгу The Tax Law of Charitable Giving - Bruce Hopkins R., Bruce R. Hopkins, David Middlebrook - Страница 76

The tax benefit arising from charitable contributions of tangible personal property, with respect to which a fair market value deduction is claimed and that is not used for charitable purposes, must, in general, be recovered. This recapture rule applies to applicable property, which is tangible personal property that has appreciated in value that has been identified by the donee organization as for a use related to the donee's tax-exempt purpose or function and for which a charitable deduction of more than $5,000 has been claimed.⁶⁶

If a donee organization disposes of applicable property within three years of the contribution of the property (known as an applicable disposition⁶⁷), the donor is subject to an adjustment of the tax benefit. If the disposition occurs in the tax year of the donor in which the contribution was made, the donor's deduction generally is confined to the basis in and not the fair market value of the property. If the disposition occurs in a subsequent year, the donor must include as ordinary income for the tax year in which the disposition occurs an amount equal to the excess (if any) of (1) the amount of the deduction previously claimed by the donor as a charitable contribution with respect to the property, over (2) the donor's basis in the property at the time of the contribution.⁶⁸

There is no adjustment of the tax benefit, however, if the donee organization makes a certification to the IRS by written statement signed under penalties of perjury by an officer of the organization.⁶⁹ This statement must (1) certify that the use of the property by the donee was related to the purpose or function constituting the basis for the donee's exemption and describe how the property was used and how the use furthered the exempt purpose or function, or (2) state the intended use of the property by the donee at the time of the contribution and certify that the use became impossible or infeasible to implement. The organization must furnish a copy of the certification to the donor.

A penalty of $10,000 is applicable to a person who identifies property as having a use that is related to a purpose or function constituting the basis for the donee's tax exemption while knowing that it is not intended for such a use.⁷⁰