• Welcome to AppraisersForum.com, the premier online  community for the discussion of real estate appraisal. Register a free account to be able to post and unlock additional forums and features.

Estate Appraisal and USPAP

Status
Not open for further replies.

Matt2500

Freshman Member
Joined
Jun 18, 2007
Professional Status
Certified General Appraiser
State
Florida
I have an RFP for an estate with 100+ parcels. They range from worthless sf lots to motels.

I'm proposing Restricted Use reports for most and summary reports for the more valuable/complex properties.

I've gone through several IRS audits and believe this will be acceptable (with sufficient work files, data book, etc.) but wanted someone else's take.
 
A restricted use report may not be useable by the IRS for their needs.
 
I agree with Randolph. I'd just go for very brief summary reports (title them however you want to differentiate from the others) instead.
 
I was in a recent class with a long-time appraiser who works for the IRS.

Based on his comments, my take-away is the IRS frowns on the label "restricted-use" when the reports are provided to the IRS as part of an audit. By definition, regardless of the data included, the only one who is intended to "understand" the report is the client (who, by requirement, is the only intended user). I believe IRS can disallow such reports summarily. That may leave your client in a pinch.

From what you are describing, I don't see much difference in labeling the report a "summary" and including the minimum information that such reporting options require (sounds like you are almost there anyway?).

Good luck!
 
You can not use a Restricted Use appraisal for IRS purposes. A Restricted Use Report can only have ONE intended user, since you have the client/owner (which is an user) and you have the IRS as a user, you have at least 2 intended users and therefore the report can not be a Restricted Use report.
USPAP 2012/2013 2-2c(i) Line 816-819
The Restricted Use Appraisal Report is for client use only. Before entering into an agreement, the appraiser should establish with the client the situations where this type of report is to be used and should ensure that the client understands the restricted utility of the Restricted Use Appraisal Report
 
Where did the OP say this was going to the IRS? Maybe the intended use is simply estate planning and figuring out taxes etc.
 
The IRS is not an "intended user". I don't "do" restricted reports, but if you have a portfolio of "worthless" lots, perhaps you should think about doing a portfolio appraisal of these as a lump sum interest.
 
Where did the OP say this was going to the IRS? Maybe the intended use is simply estate planning and figuring out taxes etc.

Seemed pretty strongly implied when the OP mentioned he had "gone through several IRS audits and believe this will be acceptable (with sufficient work files, data book, etc.) but wanted someone else's take". Why else bring the IRS into the question?
 
Seemed pretty strongly implied when the OP mentioned he had "gone through several IRS audits and believe this will be acceptable (with sufficient work files, data book, etc.) but wanted someone else's take". Why else bring the IRS into the question?
A logical inference but I think USPAP has an example in FAQ 122 (F-56) of who is intended user and if the IRS is an "intended user". And the answer was no. They can obtain a copy through "established processes of disclosure or regulation."
 
I think USPAP has an example in FAQ 122 (F-56) of who is intended user and if the IRS is an "intended user". And the answer was no. They can obtain a copy through "established processes of disclosure or regulation."

I agree that the IRS isn't (and shouldn't be) named as an "intended user" for an estate valuation. But the FAQ speaks about intended use in detail. It seems to me that if a client (and the only named intended user) is requesting an appraisal for estate valuations that need to comply with appropriate IRS regulations, and the intended user may provide that appraisal to the IRS as back-up for the basis of reporting a taxable event, then isn't it reasonable to presume that the client wants the appraisal results reported so that the IRS (not an intended user) can evaluate the taxpayer's decision?
(I think it would be unreasonable not to make this presumption). :)

The reply to the question of the FAQ is below. The IRS does not have to be named an intended user for an Estate Valuation when the intended use is for the client to value estate assets for portfolio or tax purposes. But I'd also argue that if the client is given a choice (and understands the ramifications), the client would choose to have a summary report where there is no potential disqualification vs. a restricted-use report where the IRS could simply disallow the report due to its label.
Since the appraiser is responsible for ensuring that the SOW and reporting options are sufficient to meet client's intended use, it does not seem reasonable for the appraiser to use a reporting option which may conflict with the client's intended use ("I want to give this to the IRS if necessary to back-up my tax-filing decision").
:new_smile-l:

The answer for each of the four questions is no. Intended users are identified by the appraiser through communication with client and are not established based on who might receive or use the report.

The definition of intended user has a specific meaning in USPAP. In the context of the USPAP definition of intended user, the fact that the IRS, the court, an independent auditor, or the OCC in the above cases will use your report for review, audit, or other purposes does not automatically make them intended users. These parties receive the report through established processes of disclosure or regulation.

One way to understand the concept is to think about what the intended use is for each party. The appraiser must identify both the intended users and the intended use of the appraisal, because these two factors affect many aspects of the appraisal assignment, such as the appropriate scope of work
and the appropriate type of report.

In each case, the use of the report by these other parties is different from the intended use the appraiser identified, which was related to the client’s use. Such other parties may be evaluating the decision made by the appraiser’s client to obtain an appraisal, as well as the appraisal results,
and other matters of which the appraiser may not be aware. As an example, the client filing the estate tax return is using the appraisal as an indication of the amount to state on the tax form.
However, the IRS may use the appraisal report to determine whether the value reported on the tax return is adequately supported, whether the IRS agrees with the value, and/or whether the IRS should challenge the taxpayer because they disagree with the value.
 
Status
Not open for further replies.
Find a Real Estate Appraiser - Enter Zip Code

Copyright © 2000-, AppraisersForum.com, All Rights Reserved
AppraisersForum.com is proudly hosted by the folks at
AppraiserSites.com
Back
Top