Page 167 - Washington Nonprofit Handbook 2018 Edition
P. 167

entity level, but if they are not satisfied, the deduction is denied at the partner or
               shareholder level.


                       A qualified  appraisal  is an appraisal  satisfying  requirements  established  by
               the Treasury or  IRS.   See  Code  section  170(f)(11)(E).    An appraisal  is  qualified  if  it
               meets four requirements.  See Treas. Reg. section 1.170A-13(c)(3)(i).

                       •      First, it must be made not earlier than 60 days before the gift or later
                              than  the  due  date  (with  extensions)  of  the  return  on  which  the
                              deduction is claimed.


                       •      Second, it must be made by a “qualified appraiser,” who must sign and
                              date the appraisal report.  To be qualified, an appraiser must declare
                              in the report that he or she:


                              y      Performs appraisals regularly or holds himself or herself out to
                                     the public as an appraiser;

                              y      Is qualified to appraise property of the type involved;


                              y      Is not the donor, the donee, the person from whom the donor
                                     acquired  the  property,  or  a  person  employed  by  or  related  to
                                     any of the foregoing; and

                              y      Understands that an intentionally false or fraudulent appraisal
                                     subjects him or her to penalties.


                       •      Third, a qualified appraisal must be embodied in a report that contains
                              several items of information.  See Treas. Reg. section 1.170A-13(c)(3)(ii).


                              y      The  report  must  describe  the  property  sufficiently  so  that  a
                                     person other than an expert can tell that the property appraised
                                     is the donated property.

                              y      If the property is tangible, the report must describe its physical
                                     condition.


                              y      Any agreement or understanding limiting the donee’s use of the
                                     property must be described.

                              y      The  report  must  state  the  appraiser’s  name,  address,  and
                                     taxpayer  identification  number,  describe  the  appraiser’s







               WASHINGTON NONPROFIT HANDBOOK                -156-                                       2018
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