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Date: | Fri, 30 May 2008 11:14:03 -0700 |
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Sara Conklin, ISA CAPP certified appraiser and registrar here. I have done
charitable donation appraisals not only for donors but museums. It is not
illegal for you to hire the appraiser if the appraiser is qualified and not
a prohibited person. Prohibited appraisers have direct or indirect ties to
your museum or a relative of somebody tied to your museum. Read the IRS
regulations about appraisal, they are quite specific.
Under the recent Pension Protection Act the definition of a qualified
appraiser given by the IRS has tightened considerably. It includes one who
has been trained and tested in the product being appraised as well as in the
standards of the appraisal industry (USPAP and ISA). Although this was
conceived and birthed under the charitable contribution regulations, it is
now being assumed for other Federal functions as well, including estate tax.
When the appraisal business arrangement is between the appraiser and the
museum, the work product belongs to the museum. It is your choice to share
the appraisal with the donor or not. The appraiser should be asked for
their permission to share the document with a "third party" since we say in
our documents that the client cannot copy the appraisal without previous
permission. Your museum's exposure here is that you
hired the appraiser and, if the value is faulty or their report doesn't meet
the IRS requirements, just who will have to fix that? The fix is usually in
court with the museum being sued to help the tax payer make up for their
"underpayment of taxes" since you got involved in the process. My advice,
give your donors the names of three appraisers or the website for the
International Society of Appraisers (isa-appraisers.org)and let them get
their own appraisal. Failing that, have them find the appraiser, contract
for their services and you pay the bill. You may have less legal exposure
that way. I am not a lawyer and you should check all of this with your
attorney.
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