Open Forum

 View Only
Expand all | Collapse all

Deed of Gift - Value?

  • 1.  Deed of Gift - Value?

    Posted 10-27-2020 08:54 AM
    We are looking at our deed of gift form, and the question is: Does your deed of gift include a value filled in by the donor?

    Thanks,

    Greg Moss, VP
    International Society of Antique Scale Collectors
    www.ISASC.org



    This email has been checked for viruses by Avast antivirus software.
    www.avast.com


    AAM Annual Meeting & MuseumExpo, Baltimore, May 16-19, 2024, click to learn more


  • 2.  RE: Deed of Gift - Value?

    Posted 10-28-2020 08:07 AM
    Hello Greg,

    In the various museums where I worked, we did not elicit the donors' ideas of the value of their gifts on the deeds of gift. Museum staff researched appropriate insurance values once each gift was on site, with the assistance of consultants, if necessary.

    Best,
    Bruce

    ------------------------------
    Bruce MacLeish
    Curator Emeritus, Newport Restoration Foundation
    Cooperstown NY
    ------------------------------

    AAM Annual Meeting & MuseumExpo, Baltimore, May 16-19, 2024, click to learn more


  • 3.  RE: Deed of Gift - Value?

    Posted 10-29-2020 10:14 AM
    Greetings, 

    At the National Museum of Nuclear Science & History, staff members are expressly forbidden to participate in the establishment of a value of a donation of an artifact., Doing so is a conflict of interest. If the institutional agent sets the value of a gift, and gets the gift, the donor might be in a position to benefit from someone determining a higher value. That value can or was useful in tax preparations. Our museum merely does the deed of gift transfer and the donor must establish value. 


    Jim Walther

    Museum Director

    National Museum of Nuclear Science & History

    Affiliated with Smithsonian Institution

    AAM Accredited Museum

    Chair, National Steering Committee

    Nuclear Science Week

    601 Eubank Blvd. SE

    Albuquerque, NM 87123

    505-245-2137, ext. 104 (direct)

    505-242-4537 (fax)

    jwalther@nuclearmuseum.org

    www.nuclearmuseum.org











    AAM Annual Meeting & MuseumExpo, Baltimore, May 16-19, 2024, click to learn more


  • 4.  RE: Deed of Gift - Value?

    Posted 10-29-2020 06:55 AM
    Typically, for the museum clients I work with, we do not set an amount in a deed of gift, but simply acknowledge the donation, and suggest the donor obtain an appraisal of the gift to legitimize the value when being the gift is being used for tax purposes.

    ------------------------------
    Michael Oropallo JD
    Attorney
    ------------------------------

    AAM Annual Meeting & MuseumExpo, Baltimore, May 16-19, 2024, click to learn more


  • 5.  RE: Deed of Gift - Value?

    Posted 10-29-2020 08:54 AM
    As a general rule of thumb the IRS does not often question tangible gifts valued at $500 or less. Once a gift is over, or significantly over that amount I have always strongly recommended to the donor to have the object appraised. Museum staff should NEVER offer a value or appraise an object for a donor.

    ------------------------------
    Courtney B. Wilson
    Museum Consultant and Retired Executive Director
    Courtney B. Wilson & Associates, LLC
    Saint Augustine, FL 32080
    410-340-4226
    ------------------------------

    AAM Annual Meeting & MuseumExpo, Baltimore, May 16-19, 2024, click to learn more


  • 6.  RE: Deed of Gift - Value?

    Posted 10-30-2020 07:09 AM
    I agree with Ms./Mr. Wilson's caution, but my understanding is that the IRS cut off for valuation requiring an appraisal is about $4,999, not $500.

    Vivian F. Zoë, Director
    Slater Memorial Museum
    108 Crescent Street, Norwich CT 06360
    860-425-5560 vox
    860-885-0379 fax

    "Inspiration is for amateurs - the rest of us just show up and get to work," Chuck Close, 2003


    Please note:  The information contained in this email and any attachments hereto is intended only for the personal and confidential use of the designated recipients.  If the reader/recipient of this message is not the intended recipient, you are hereby notified that you have received this email and all attachments hereto in error and that any review, dissemination, distribution or copying of this email or any of its attachments is strictly prohibited.  If you have received this communication in error, please notify the sender immediately by email and destroy the original message received.  Thank You.



    AAM Annual Meeting & MuseumExpo, Baltimore, May 16-19, 2024, click to learn more


  • 7.  RE: Deed of Gift - Value?

    Posted 11-02-2020 02:05 PM
    Dear Vivian,
    You may be absolutely correct in terms of the IRS requiring an appraisal. I used the language "strongly recommend" as i have seen cases when donors have been audited that tangible gift valuation can come into question at levels far below the requirement. Simply a recommendation for a donor.
    Courtney (Mr.)

    ------------------------------
    Courtney B. Wilson
    Museum Consultant and Retired Executive Director
    Courtney B. Wilson & Associates, LLC
    Saint Augustine, FL 32080
    410-340-4226
    ------------------------------

    AAM Annual Meeting & MuseumExpo, Baltimore, May 16-19, 2024, click to learn more


  • 8.  RE: Deed of Gift - Value?

    Posted 10-30-2020 07:12 AM
    Sorry for bifurcated response.  In addition, according to the accountant of a recent donor of objects, the $5,000 and over appraisal requirement considers the sum total of all objects in a similar category donated by THAT tax payer in a single tax year.  So, for example, if Mrs. X donated paintings valued at $3,500 to the Slater Museum, and drawings valued at $2,500 to the Guggenheim, she would need the appraisal of all.

    Vivian F. Zoë, Director
    Slater Memorial Museum
    108 Crescent Street, Norwich CT 06360
    860-425-5560 vox
    860-885-0379 fax

    "Inspiration is for amateurs - the rest of us just show up and get to work," Chuck Close, 2003


    Please note:  The information contained in this email and any attachments hereto is intended only for the personal and confidential use of the designated recipients.  If the reader/recipient of this message is not the intended recipient, you are hereby notified that you have received this email and all attachments hereto in error and that any review, dissemination, distribution or copying of this email or any of its attachments is strictly prohibited.  If you have received this communication in error, please notify the sender immediately by email and destroy the original message received.  Thank You.



    AAM Annual Meeting & MuseumExpo, Baltimore, May 16-19, 2024, click to learn more


  • 9.  RE: Deed of Gift - Value?

    Posted 10-30-2020 08:33 AM
    I think having the donor put a value on the form, which will be signed by both parties, might suggest that the museum verifies or agrees with that value, which would not be what you mean and might suggest the conflict of interest others have mentioned. If a gift is high value and we know the donor is having it appraised, we will ask if they are willing to share the appraisal with us, because it is good information to have on file.

    For high value gifts, they will have had to fill out the side of form 8283 that requires an appraiser's and the museum's signatures. The museum is only signing to affirm that it accepted the work for the collection and will report a deaccession within a given time, not that it had anything to do with the establishment of the value. We always keep copies of these forms on file.

    Laura Vookles

    Chair, Curatorial Department

     

     

    HUDSON RIVERMUSEUM

    511 Warburton Avenue

    Yonkers, NY 10701

    (914) 963-4550 x220

    hrm.orgFacebookInstagramTwitterYouTube

     

    MUSEUM HOURS
    Thursday–Sunday, 12–5pm
    Advance Tickets Encouraged



    AAM Annual Meeting & MuseumExpo, Baltimore, May 16-19, 2024, click to learn more


  • 10.  RE: Deed of Gift - Value?

    Posted 11-02-2020 08:59 AM
    Greg

    While many deed of gifts out there do have a section on the form asking for a value statement, these value levels should be taken lightly unless the donor can prove it is from a reputable independent appraiser. As pointed out below, signing a form with a value statement can lead to conflicts of interest for the museum.  Donors often want to inflate the value of the object for tax purposes.  For this reason, the IRS prefers to see proof from a reputable independent appraiser. Anything else raises red flags for them. [Just so you know, most of these appraisers will low ball the value because their reputation is at stake. However, many donors get upset by this, so be prepared for some cranky comments.]

    For any museum the monetary value is only important for insurance purposes. It is the interpretive value for the museum and its mission that matters most. The museum should not be involved in the appraisal process.  It has been dogma in the field for years/decades to keep the museum out of that process as much as possible. [I first learned about this process as an intern back in 1988 just to give you an idea how long it has been in place. Back then we sent out a sheet of paper in the mail with a list of subject matter specialists, usually 3-5 names and contact information, and leave it up to the donor to choose the appraiser.] All the museum should do is send the donor to the American Society of Appraisers webpage to their Find an Appraiser tab and sign the acknowledgement section of the 8283 once received, keeping a copy of the form in the accession file and be done with it. Most of the work should be done by the donor.  If you are squeamish about having the value on the form (which is a good instinct to have), leave it off the form.   

    Just so you know, there a few museums out there with unique circumstances (such as donations from Holocaust survivors) that do assign a value, but this is the exception not the rule. And even more might assign a value after the object has been received on site for internal insurance purposes only if the donor does not provide a value. Your instincts to be concerned about including that field on the form is spot on with best practice the field as a whole. 

    I hope this helps.

    ------------------------------
    [Karen] [Whitehair]
    Collections Manager
    Washington County Historical Society
    Frederick MD
    ------------------------------

    AAM Annual Meeting & MuseumExpo, Baltimore, May 16-19, 2024, click to learn more


  • 11.  RE: Deed of Gift - Value?

    Posted 11-02-2020 10:53 AM
    I think Karen's post is spot on, the links in a stock response we've used in the past to reply to such inquiries may be helpful:

    "Per Museum policy our staff cannot provide authentications/identifications of artifacts. There are a host of legal and ethical reasons for this. You can search for an expert who can identify your object through one of the professional appraisal associations. The associations (linked below) maintain directories of members and their areas of expertise in identifications/authentications."


    Carter

    ------------------------------
    Carter O'Brien, LEED AP O+M

    Sustainability Manager
    Science & Education
    Field Museum of Natural History
    312-665-7811

    Learn about The Field Museum's green building initiatives here:

    https://www.fieldmuseum.org/science/conservation/greener-field
    ------------------------------

    AAM Annual Meeting & MuseumExpo, Baltimore, May 16-19, 2024, click to learn more


  • 12.  RE: Deed of Gift - Value?

    Posted 11-04-2020 07:18 AM
    Whoaaa!  there's a huge difference between identifying and authenticating vs appraising or even assigning approximate value.  I totally DISAGREE that museum staff cannot ID or authenticate.  Else, how would we advise our collections committees BEFORE accepting or rejecting a proposed donation?

    Vivian F. Zoë, Director
    Slater Memorial Museum
    108 Crescent Street, Norwich CT 06360
    860-425-5560 vox
    860-885-0379 fax

    "Inspiration is for amateurs - the rest of us just show up and get to work," Chuck Close, 2003


    Please note:  The information contained in this email and any attachments hereto is intended only for the personal and confidential use of the designated recipients.  If the reader/recipient of this message is not the intended recipient, you are hereby notified that you have received this email and all attachments hereto in error and that any review, dissemination, distribution or copying of this email or any of its attachments is strictly prohibited.  If you have received this communication in error, please notify the sender immediately by email and destroy the original message received.  Thank You.



    AAM Annual Meeting & MuseumExpo, Baltimore, May 16-19, 2024, click to learn more


  • 13.  RE: Deed of Gift - Value?

    Posted 11-02-2020 11:00 AM
    Weighing in from the appraiser's side of things, I agree that what Karen Whitehair and several others have laid out is correct--the comment about intentional "lowballing" excepted.  The IRS definition of what constitutes "Fair Market Value" for charitable donation purposes and how to determine it has been established by decades of case law. Appraisers whose reports comply with Uniform Standards of Professional Appraisal Practice (USPAP), which is the profession's bible and with which the IRS is intimately familiar, will know and follow those guidelines. Appraisal is not a science; we are essentially providing an opinion of an object's value based on an analysis of the current market (backed up by evidence included in the report), rather than a statement of fact.  Yes, it's certainly common for donors to fondly imagine their objects are worth more than the market evidence indicates they are, but having an appraisal questioned or disallowed by the IRS because the claimed value is deemed to be inflated can be costly for the donor and the appraiser both.  

    In terms of the $500 vs $5,000 threshold, the lower value pertains to the donation of household goods and used clothing not in good condition.  IRS publications 526 and 561, which are available on its website for free download, spell all this out in detail. It's a bit of a slog to read through them, but you may find them both useful to review if you're advising donors on whether or not to commission an appraisal.

    ------------------------------
    Melissa Leventon
    Principal
    Curatrix Group
    San Francisco CA
    melissa@curatrix.net
    ------------------------------

    AAM Annual Meeting & MuseumExpo, Baltimore, May 16-19, 2024, click to learn more


  • 14.  RE: Deed of Gift - Value?

    Posted 11-03-2020 09:57 AM
    "Thank you" to all who took the special time to reply to the question about value being on the Deed of Gift. And there was extra information about appraisers and where to find them, which is helpful to all of the Museum Junction readers.

    There is a follow-up question: What about the museum's accounting system? For example, is the value of the gift (whether from the donor or by staff) entered into accounting as an asset? If yes, does deaccession then cause an adjustment to the corresponding asset?

    Thanks!
    Greg Moss, VP
    International Society of Antique Scale Collectors
    c: 248-338-4496



    This email has been checked for viruses by Avast antivirus software.
    www.avast.com





    AAM Annual Meeting & MuseumExpo, Baltimore, May 16-19, 2024, click to learn more


  • 15.  RE: Deed of Gift - Value?

    Posted 11-04-2020 07:30 AM
    Absolutely NOT!  Do not allow your auditors or accountants to "monetize" your collection.  It could lead to indiscriminate selling for purely economic reasons in the future.  There are so many examples of this.  Just "google" it!  and at the moment, this seems to be rampant (COVID stresses, etc.).  Your collection's "value" as has been stated above is in its intrinsic value to support your mission, serve the community, tell stories, educate.

    I'm also surprised by the number of folks who've suggested that their insurers need appraisals.  In my opinion, your collection's material value should be an aggregate for insurance purposes.  Our insurer has cautioned against appraisals for their purposes, for so many reasons, including keeping our premium rates down.  They've also told us that they assume the museum provides the best care and protection that could be expected, so we are considered "low risks."

    Vivian F. Zoë, Director
    Slater Memorial Museum
    108 Crescent Street, Norwich CT 06360
    860-425-5560 vox
    860-885-0379 fax

    "Inspiration is for amateurs - the rest of us just show up and get to work," Chuck Close, 2003


    Please note:  The information contained in this email and any attachments hereto is intended only for the personal and confidential use of the designated recipients.  If the reader/recipient of this message is not the intended recipient, you are hereby notified that you have received this email and all attachments hereto in error and that any review, dissemination, distribution or copying of this email or any of its attachments is strictly prohibited.  If you have received this communication in error, please notify the sender immediately by email and destroy the original message received.  Thank You.



    AAM Annual Meeting & MuseumExpo, Baltimore, May 16-19, 2024, click to learn more


  • 16.  RE: Deed of Gift - Value?

    Posted 11-04-2020 12:22 PM

    Greg:  For museum staff and board members, I would like to suggest the new 2020 publication, To Give and To Receive A Handbook on Collection Gifts and Donations for Museums and Donors, 2nd Edition. It addresses best standards and practices with examples of The Deed of Gift, newly updated IRS Standards for what must be in a Qualified Appraisal and who is considered to be meet the standards of a Qualified Appraiser.

    The second edition covers the process of substantiating the value of a gift and the obligations of the donor and donee. It is a concise guide on tax incentives for gifts of art, historic objects, and many other types of collectible material to not-for-profit institutions. It is published by Rowman and Littlefield with the American Alliance of Museums and is available on Amazon.com and includes:

    Current museum best practices
    Recent changes in IRS regulations enacted in 2019, including IRS 8283 Non Cash Charitable Contributions and revised IRS definitions of the standards for qualified appraisal and qualified appraiser and the mandated appraiser declaration
    New art professionals' case studies and legal case notes on copyright law
    Q & A on museum topics related to gift issues

    Sharon A. Theobald is the Editor. Beth J. Parker Miller, Amy McKune and Romy M. Vreeland and Laurette E. McCarthy, Ph.D. are the major contributors representing the museum community …   


    ------------------------------
    Charles Harmon
    Executive Editor
    Rowman & Littlefield Publishing Group
    Lanham MD
    ------------------------------

    AAM Annual Meeting & MuseumExpo, Baltimore, May 16-19, 2024, click to learn more


  • 17.  RE: Deed of Gift - Value?

    Posted 11-04-2020 08:44 PM
    Thanks, Charles. I looked it up, and it looks good. 

    Amazon says it's available on Dec. 1.

    Regards,
    Greg Moss
    c: 248-338-4496



    AAM Annual Meeting & MuseumExpo, Baltimore, May 16-19, 2024, click to learn more