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More discussion about IRS tax appraisals

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David S

Junior Member
Joined
Dec 11, 2018
Professional Status
Certified Residential Appraiser
State
California
From this post:

Can someone explain more what's the main difference between Noncash Charitable Contributions, estate taxes and simple gift from appraisal report view? Thanks!
 
From ChatGPT:

1. An IRS non-cash charitable contribution refers to a donation of property or goods to a qualified charitable organization, as opposed to a cash donation. This can include a wide range of items such as clothing, household goods, stocks, real estate, vehicles, artwork, and other tangible or intangible assets.

To claim a deduction for a non-cash charitable contribution, the donor must itemize their deductions on their tax return using Schedule A (Form 1040). The value of the donated property is generally determined based on its fair market value at the time of the donation. For donations of property valued at more than $500, the donor must also complete and attach Form 8283, Noncash Charitable Contributions, to their tax return. If the value of the donated property exceeds $5,000, a qualified appraisal may be required, and specific rules apply depending on the type of property donated.

2. The IRS imposes estate taxes on the transfer of the estate of a deceased person. The estate tax is applied to the total value of a person's assets at the time of their death, including cash, real estate, stocks, and other assets. However, not all estates are subject to the estate tax. As of 2023, the federal estate tax exemption is $12.92 million per individual, which means that estates valued below this amount are not subject to the estate tax. For estates valued above this threshold, the tax rate ranges from 18% to 40%, depending on the value of the estate.

It's important to note that these figures are subject to change, as tax laws and exemptions are adjusted over time. Additionally, some states may impose their own estate or inheritance taxes with different exemption levels and rates. For the most current and accurate information, it's advisable to consult with a tax professional or the IRS website.

3. The IRS considers a "simple gift" as a transfer of property or money to another person without expecting anything in return. In the context of tax regulations, these are often referred to as "gifts" and can include cash, real estate, stocks, or other assets. The key characteristic of a simple gift is that the giver does not receive any goods or services in exchange for the gift.

There are annual and lifetime exclusions for gift taxes. As of 2023, the annual gift tax exclusion allows an individual to give up to $17,000 per recipient per year without having to pay gift tax or report the gift to the IRS. If a gift exceeds this annual exclusion amount, the giver must file a gift tax return using Form 709, although actual gift tax may not be due until the cumulative gifts over the annual exclusion amount exceed the lifetime gift and estate tax exemption, which is $12.92 million per individual in 2023.

It's important to note that there are some exceptions to the gift tax rules. For example, gifts to a spouse, payments for someone else's medical expenses or tuition made directly to the institution, and donations to qualified charities are generally not subject to the gift tax.

As tax laws and regulations can change, it's advisable to consult with a tax professional or the IRS website for the most current information.
 
From ChatGPT:

1. An IRS non-cash charitable contribution refers to a donation of property or goods to a qualified charitable organization, as opposed to a cash donation. This can include a wide range of items such as clothing, household goods, stocks, real estate, vehicles, artwork, and other tangible or intangible assets.

To claim a deduction for a non-cash charitable contribution, the donor must itemize their deductions on their tax return using Schedule A (Form 1040). The value of the donated property is generally determined based on its fair market value at the time of the donation. For donations of property valued at more than $500, the donor must also complete and attach Form 8283, Noncash Charitable Contributions, to their tax return. If the value of the donated property exceeds $5,000, a qualified appraisal may be required, and specific rules apply depending on the type of property donated.

2. The IRS imposes estate taxes on the transfer of the estate of a deceased person. The estate tax is applied to the total value of a person's assets at the time of their death, including cash, real estate, stocks, and other assets. However, not all estates are subject to the estate tax. As of 2023, the federal estate tax exemption is $12.92 million per individual, which means that estates valued below this amount are not subject to the estate tax. For estates valued above this threshold, the tax rate ranges from 18% to 40%, depending on the value of the estate.

It's important to note that these figures are subject to change, as tax laws and exemptions are adjusted over time. Additionally, some states may impose their own estate or inheritance taxes with different exemption levels and rates. For the most current and accurate information, it's advisable to consult with a tax professional or the IRS website.

3. The IRS considers a "simple gift" as a transfer of property or money to another person without expecting anything in return. In the context of tax regulations, these are often referred to as "gifts" and can include cash, real estate, stocks, or other assets. The key characteristic of a simple gift is that the giver does not receive any goods or services in exchange for the gift.

There are annual and lifetime exclusions for gift taxes. As of 2023, the annual gift tax exclusion allows an individual to give up to $17,000 per recipient per year without having to pay gift tax or report the gift to the IRS. If a gift exceeds this annual exclusion amount, the giver must file a gift tax return using Form 709, although actual gift tax may not be due until the cumulative gifts over the annual exclusion amount exceed the lifetime gift and estate tax exemption, which is $12.92 million per individual in 2023.

It's important to note that there are some exceptions to the gift tax rules. For example, gifts to a spouse, payments for someone else's medical expenses or tuition made directly to the institution, and donations to qualified charities are generally not subject to the gift tax.

As tax laws and regulations can change, it's advisable to consult with a tax professional or the IRS website for the most current information.
Hi RCA, thank you so much! The guy said will file Form 709 together. So it will be simple gift? Also, IRS allow comps pictures download from MLS, right?
 
Last edited:
Another question: Since the property already gift to the family member, now the report will show family member as owner and client will be the donor who gave the gift out since donor shall order this appraisal report and send the report to IRS, right?
 
Another question: Since the property already gift to the family member, now the report will show family member as owner and client will be the donor who gave the gift out since donor shall order this appraisal report and send the report to IRS, right?
That's not the scenario you posted
 
If a person donates assets that exceed the annual exemption of $18,000, a form 706 should be used, I believe. I think 709 is for generation skipping or for deceased donors, not that it affects the appraisal. In any case, just be sure to use the proper effective date (date of death or gift) and the IRS definition of Market Value. Also, I include an EA that the property is in the same condition on the date of the report as it was on the effective date.

Other than that, use a GP form (not a UAD) and take lots of photos and explain everything so that an IRS drone can understand. Intended user should be your client and the IRS.

If you donate more than your annual $18K exemption then the excess will be deducted from your lifetime exemption, approx. $13 Million per individual, $26M/couple.
 
If a person donates assets that exceed the annual exemption of $18,000, a form 706 should be used, I believe. I think 709 is for generation skipping or for deceased donors, not that it affects the appraisal. In any case, just be sure to use the proper effective date (date of death or gift) and the IRS definition of Market Value. Also, I include an EA that the property is in the same condition on the date of the report as it was on the effective date.

Other than that, use a GP form (not a UAD) and take lots of photos and explain everything so that an IRS drone can understand. Intended user should be your client and the IRS.

If you donate more than your annual $18K exemption then the excess will be deducted from your lifetime exemption, approx. $13 Million per individual, $26M/couple.
Hi Mark, Thanks! Since the donor will file 706 or 709, client is donor, NOT current owner, right? Someone said don't include IRS as intended user?
 
Hi Mark, Thanks! Since the donor will file 706 or 709, client is donor, NOT current owner, right? Someone said don't include IRS as intended user?
Who and what is the appraisal for. Your original post snippet states that the person who received the gift is asking for the appraisal for IRS purposes.
 
Hi Mark, Thanks! Since the donor will file 706 or 709, client is donor, NOT current owner, right? Someone said don't include IRS as intended user?
I would say yes on the donor being the client.

You know that the report is going to the IRS and is being prepared for their use. I've always included them as an intended user, other will disagree. Honestly, I don't think it matters much. If you leave them off and the IRS decides it wants to question you or the report, good luck claiming that they are not the intended user, thinking that will shield you from liability.
 
Who and what is the appraisal for. Your original post snippet states that the person who received the gift is asking for the appraisal for IRS purposes.
Oh, forgot to update your post: the guy called me to say need an appraisal report. Then, late on, he said sorry, his parent shall file 706 or 709, so this report should be for his parent.
What I am saying is: Is it ok for the property owner and intended users are different people.
 
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