Tax writeoff on a charitable donation of property in Virginia

Tax writeoff on a charitable donation of property in Virginia

Investor · Midlothian, VA · Member since 2015 · 980 posts · 823 votes

I attended a local REI meetup last night and the guest speaker was an auctioneer with 37 years of experience in RE investing. He was selling a strategy of buying properties on cheap because they were good for nothing except to hold the world together, but that had significantly higher assessments, and donating them to a 501C3 or 501C4 charity for the write off. His argument is that the IRS states that the value must be determined by a certified appraiser and at full market value. Since Virginia requires all city/county assessors to be certified and all property to be assessed at FMV the assessed value meets this mark. Furthermore, the IRS is very unlikely to challenge another government entity on it's value.

This peaked my curiosity because I am getting crushed on taxes this year. If you can buy property for 25% or less of its assessed value (depending on your tax bracket obviously) this seems like a viable option to offset your gains or income. If you picked up a property at auction for $1000 because it was a disaster and no one wanted it but it was assessed for $20000. That could theoretically save you ~$4000 in taxes. 25% tax bracket minus your costs.

Has anyone heard of or used this strategy before? Can any experts/CPAs comment on their opinion of this strategy (@Brandon Hall @Amanda Han)? If this is a viable strategy, are there any other states where it would work?

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CPA · Raleigh, NC · Member since 2013 · 1k+ posts · 2k+ votes
10y

@Edward B. sure you could do this but I don't think it's feasible at the numbers you are citing. Your $3k net gain ($4k savings minus $1k purchase) will be decreased by the appraisal (you have to pay for that), various write-ups, closing costs, and tax prep fees. 

Additionally, there are limitations in the amount you are able to donate with respect to your AGI. This link will give you a good starting point for research. 

At the end of the day, I don't think it's feasible. It's not scalable unless you are also scaling your AGI. Just seems like a lot of work for a couple grand. Think bigger!

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  • CPA · Raleigh, NC · Member since 2013 · 1k+ posts · 2k+ votes
    10y

    @Edward B. sure you could do this but I don't think it's feasible at the numbers you are citing. Your $3k net gain ($4k savings minus $1k purchase) will be decreased by the appraisal (you have to pay for that), various write-ups, closing costs, and tax prep fees. 

    Additionally, there are limitations in the amount you are able to donate with respect to your AGI. This link will give you a good starting point for research. 

    At the end of the day, I don't think it's feasible. It's not scalable unless you are also scaling your AGI. Just seems like a lot of work for a couple grand. Think bigger!

  • Investor · Midlothian, VA · Member since 2015 · 980 posts · 823 votes
    10y

    @Brandon Hall,

    My example may have been small, this guy claimed he had a guy who paid no taxes on over $1M in income with this strategy. I did not mention that because is seemed like a little bit of salesmanship. But if you did scale it to offset $250k-$500k would it be feasible/worth it?

    Also, a key concept of the strategy is the using the assessed value, NOT an appraisal. Theoretically, the property will not appraise for much which is why you are getting a steal, but assessors are not as efficient and you are looking to take advantage of their inefficiency. Also, the IRS is much more likely to challenge an independent appraiser vice a city/county assessor.

  • Investor · Midlothian, VA · Member since 2015 · 980 posts · 823 votes
    10y

    Another part of the reason this becomes appealing is because of the risks at auction or with some other acquisition strategies. You can check the assessed value on your phone. So some quick math and botta boom botta bing you know what you can offer because worst case you could donate the property and take a write off. That is the reasoning behind it anyway.

  • Investor · Midlothian, VA · Member since 2015 · 980 posts · 823 votes
    10y

    Case in point. I have a line on a property that a wholesaler is asking $8k for. It is a bit risky, rough neighborhood, property condition is questionable, but it is assessed for $55.7k. So do I go ahead and pick it up because worst case scenario I could just write off $55.7k against my income?

  • Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    10y

    You have a CPA telling you that you need a real appraisal.....verses someone with likely something to gain, using his own "logic" to say you don't.  Short of something published by the IRS to the contrary, I'm going with the CPA.

  • CPA · Raleigh, NC · Member since 2013 · 1k+ posts · 2k+ votes
    10y

    @Wayne Brooks thanks :)

    @Edward B. if it were as easy as looking up the assessed value on the local assessor's database, everyone would utilize this strategy. 

    I'm not saying it can't be done, but the guy selling the course seems to be delivering misleading information. I just want to make sure you have a good idea of the steps to write off donated real estate prior to purchasing his course.

    When you donate property and claim the FMV is greater than $5,000, you must obtain a qualified appraisal. In addition, you must attach said appraisal to your return and the appraiser must sign Form 8283 for you, which you will also attach and file with your return. 

    Below is text from Pub 561. Please note that you cannot use text in an IRS Pub to substantiate a tax position, but it gives a good overview of the requirements. Please also note that the appraiser may utilize the assessed value in his appraisal of the property, but unless you are an appraiser, you are out of luck. Maybe the guru is an appraiser?

    Real Estate

    Because each piece of real estate is unique and its valuation is complicated, a detailed appraisal by a professional appraiser is necessary.

    The appraiser must be thoroughly trained in the application of appraisal principles and theory. In some instances the opinions of equally qualified appraisers may carry unequal weight, such as when one appraiser has a better knowledge of local conditions.

    The appraisal report must contain a complete description of the property, such as street address, legal description, and lot and block number, as well as physical features, condition, and dimensions. The use to which the property is put, zoning and permitted uses, and its potential use for other higher and better uses are also relevant.

    In general, there are three main approaches to the valuation of real estate. An appraisal may require the combined use of two or three methods rather than one method only.

    1. Comparable Sales

    The comparable sales method compares the donated property with several similar properties that have been sold. The selling prices, after adjustments for differences in date of sale, size, condition, and location, would then indicate the estimated FMV of the donated property.

    If the comparable sales method is used to determine the value of unimproved real property (land without significant buildings, structures, or any other improvements that add to its value), the appraiser should consider the following factors when comparing the potential comparable property and the donated property:

    • Location, size, and zoning or use restrictions,
    • Accessibility and road frontage, and available utilities and water rights,
    • Riparian rights (right of access to and use of the water by owners of land on the bank of a river) and existing easements, rights-of-way, leases, etc.,
    • Soil characteristics, vegetative cover, and status of mineral rights, and
    • Other factors affecting value.

    For each comparable sale, the appraisal must include the names of the buyer and seller, the deed book and page number, the date of sale and selling price, a property description, the amount and terms of mortgages, property surveys, the assessed value, the tax rate, and the assessor's appraised FMV.

    The comparable selling prices must be adjusted to account for differences between the sale property and the donated property. Because differences of opinion may arise between appraisers as to the degree of comparability and the amount of the adjustment considered necessary for comparison purposes, an appraiser should document each item of adjustment.

    Only comparable sales having the least adjustments in terms of items and/or total dollar adjustments should be considered as comparable to the donated property.

    2. Capitalization of Income

    This method capitalizes the net income from the property at a rate that represents a fair return on the particular investment at the particular time, considering the risks involved. The key elements are the determination of the income to be capitalized and the rate of capitalization.

    3. Replacement Cost New or Reproduction Cost Minus Observed Depreciation

    This method, used alone, usually does not result in a determination of FMV. Instead, it generally tends to set the upper limit of value, particularly in periods of rising costs, because it is reasonable to assume that an informed buyer will not pay more for the real estate than it would cost to reproduce a similar property. Of course, this reasoning does not apply if a similar property cannot be created because of location, unusual construction, or some other reason. Generally, this method serves to support the value determined from other methods. When the replacement cost method is applied to improved realty, the land and improvements are valued separately.

    The replacement cost of a building is figured by considering the materials, the quality of workmanship, and the number of square feet or cubic feet in the building. This cost represents the total cost of labor and material, overhead, and profit. After the replacement cost has been figured, consideration must be given to the following factors:

    • Physical deterioration—the wear and tear on the building itself,
    • Functional obsolescence—usually in older buildings with, for example, inadequate lighting, plumbing, or heating, small rooms, or a poor floor plan, and
    • Economic obsolescence—outside forces causing the whole area to become less desirable.
    Deductions of More Than $5,000

    Generally, if the claimed deduction for an item or group of similar items of donated property is more than $5,000, you must get a qualified appraisal made by a qualified appraiser, and you must attach Section B of Form 8283 to your tax return. There are exceptions, discussed later. You should keep the appraiser's report with your written records. Records are discussed in Publication 526.

    The phrase “similar items” means property of the same generic category or type (whether or not donated to the same donee), such as stamp collections, coin collections, lithographs, paintings, photographs, books, nonpublicly traded stock, nonpublicly traded securities other than nonpublicly traded stock, land, buildings, clothing, jewelry, furniture, electronic equipment, household appliances, toys, everyday kitchenware, china, crystal, or silver. For example, if you give books to three schools and you deduct $2,000, $2,500, and $900, respectively, your claimed deduction is more than $5,000 for these books. You must get a qualified appraisal of the books and for each school you must attach a fully completed Form 8283, Section B, to your tax return.

    Exceptions. You do not need an appraisal if the property is:

    • Nonpublicly traded stock of $10,000 or less,
    • A vehicle (including a car, boat, or airplane) for which your deduction is limited to the gross proceeds from its sale,
    • Qualified intellectual property, such as a patent,
    • Certain publicly traded securities described next,
    • Inventory and other property donated by a corporation that are “qualified contributions” for the care of the ill, the needy, or infants, within the meaning of section 170(e)(3)(A) of the Internal Revenue Code, or
    • Stock in trade, inventory, or property held primarily for sale to customers in the ordinary course of your trade or business.

    Although an appraisal is not required for the types of property just listed, you must provide certain information about a donation of any of these types of property on Form 8283.

  • Investor · Pawleys Island, SC · Member since 2008 · 1k+ posts · 837 votes
    10y

    @Edward B.

    As I understand the rules for charitable donation deductions, there is another fly in the ointment for this strategy.  If you donate the property immediately or soon after purchase, your charitable deduction is limited to your cost for the property you donated.  You get to use a higher appraised value for the donated property only for property held longer than one year.

  • Real Estate Broker · North Richland Hills, TX · Member since 2013 · 1k+ posts · 607 votes
    10y

    Was the speaker selling a program to teach you how to do this?

  • Real Estate Agent · Jacksonville, FL · Member since 2015 · 1k+ posts · 1k+ votes
    10y

    It does not seem like it would work if you stayed under the 5k price point. 

    There are currently 8 empty lots for sale in Jacksonville that are under 5k.

    With a 25% tax bracket you would have to pay less than $1250 to work.

    The example above sites a property bought at 1k that appraises for 20k.  Getting a bank loan against it sounds like it could be a better play if the property would appraise at 20k, assuming you would find a lender to write the loan. 

  • Investor · Midlothian, VA · Member since 2015 · 980 posts · 823 votes
    10y

    @Chris Soignier

    @Chris Soignier

    @Chris SoignierNo, the speaker is an auctioneer for several counties in eastern VA. He sells most if not all of the tax sales and judgements in those counties. I believe, if anything, he was trying to generate sales for blighted properties.

    @Lesley Resnick the strategy he was selling was definitely for properties over the 5k price point. As Brandon pointed out earlier, if you weren't scaling it, it almost certainly wouldn't be worth it.

    @Brandon HallThank you very much for the detailed explanation. The clincher to me is that the appraiser has to sign your tax document which I doubt the assessor would for potentially squirrely tax schemes. Beyond that, though, the way I read it, I assessor meets all of the other requirements for valuing the property, which was this guys argument. I read your article on your position having to be based on precedence vice the IRS pubs so the best bet seems to be to find someone who has defended this scheme and won. Regardless, it raised my eyebrows. I tried to ask some probing questions but did not get very firm answers from him.

    Of course it sounded too good to be true, but a lot of things in real estate do, that is why I thought I would ask. I am certain this guy and/or some of his buyers are employing this strategy. Really it boils down to a very aggressive tax strategy, which do not always work. If you are willing to spend the time and money to fight the IRS you might want to give it a go, but I have found that to be an extremely frustrating and futile experience, even when I am 100% in the right, let alone in uncharted territory. I'll will just file this away in my tool box as a possible out if I get into something with no other appealing exits. Thanks for all the input.

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