forms and policies

Reporting Requirements for Non-Cash Donations to a Governmental Entity Policy

Exempt Organizations, including governments must make a report on IRS Form 8282, for Disposals of Charitable Property
IRS Form 8282, Donee Information Return must be filed by an exempt organization that receives property subject to certain appraisal requirements if it sells, exchanges or otherwise disposes of the "charitable deduction property" within two years of receipt. The donee must also provide a copy of the return to the donor. The information on the return includes: (1) the donor's name, address and TIN, (2) a description of the property, (3) the date of the donation and the date of the sale or disposition, and (4) the amount received from the sale or disposition.

Charitable Deduction Property
Charitable deduction property means any property (other than money or publicly traded securities) contributed after December 31, 1984, for which the donee signed an appraisal summary (Form 8283, Noncash Charitable Contributions, Section B) and for which a charitable contribution deduction was claimed if the claimed value (plus the claimed value of all similar items of property donated by the donor to one or more donees) exceeds $5,000. Please note that your signature on Form 8283 does not mean that you concur with the valuation or appraisal.

Exceptions to the Filing Requirements
The donee is not required to file Form 8282 for an item of property if, at the time the donee signs the appraisal summary (Section B of Form 8283), the donor has already signed a statement on Form 8283 that the item's appraised value does not exceed $500. Part III of Form 8283 provides a place for the donor's signature as a part of the appraisal summary. No Form 8282 is required to be filed by a donee if the item is consumed or distributed without consideration and the consumption or distribution is in furtherance of the donee organization's tax-exempt function or purpose. For instance, where a charitable organization distributes donated medical supplies to victims of a major disaster no filing of Form 8282 would be required.

Donee Acknowledgement
The person who acknowledges the gift (for the donee) should be an individual specifically designated to sign Form 8283. The Form 8283 that is submitted to you by the donor should have Part 1 and Part 3, if applicable, filled out before you complete and sign Section B, Part 1. A copy of Form 8283, Section B, must be provided to the donee organization by the donor.

Time for Filing
Form 8282 is to be filed with the Cincinnati, Ohio, IRS Service Center within 125 days after the disposition of the charitable contribution property. A copy of the form is to be sent to the property's donor.

Penalties
A $50 penalty is applicable with respect to each failure to file and each failure to furnish the donor a copy of Form 8282. Also, a $50 penalty applies for failure to include all of the required information on Form 8282 for returns due after 1989.

Compliance
To comply with the filing requirements for reporting sales of noncash charitable donations, each agency or university should designate a responsible official(s) to sign Form 8283 upon receipt of a noncash donation;

  1. properly sign Form 8283, Section B upon presentation by the donor;
  2. obtain and keep on file a copy of completed Form 8283, Section B;
  3. at the time of disposing of this donated property make a determination of whether or not a reportable disposition has taken place;
  4. if a reportable disposition has occurred, file a Form 8282 with the IRS within the time period prescribed above.