Candace: My understanding of the matter is that you as the
receipient of a donation are not bound to keep the donation for any length of
time. The property is yours to do with as you please. If, however,
you dispose of it within two years of the donation, you are required to notify
the IRS. The donor's deduction may then be adjusted post facto by the
IRS. For example, if the donor claimed a $10,000.00 write-off, and you
were to sell it within 2 years for $5,000.00, the value of the donation (the
write-off) would be adjusted to that amount. Essentially, you have to
amend the Form 8283 (Non Cash Charitable Contribution). I'm sure there is a
seperate form for that.
Also,
check your donation agreement. Savy donors will often list a length of
time that the donation must be kept, and that could be any length of time the
donor wants. It then becomes a contractual matter between your institution
and the donor.
Warning: I'm not a tax lawyer; if it were me, I'd consult
one.
Rich
White, Director
Interntional Wildlife Museum
Good morning:
Could anyone refresh me on the length of time
that a museum must wait to deaccession if the donor has taken a tax deduction
for his gift?
Candace Perry
Schwenkfelder Library & Heritage
Center