With a gracious spirit, let’s say that [url=http://thomas.loc.gov/cgi-bin/query/F?c109:1:./temp/~c109UcVNaR:e173273:]Section 317[/url] of [url=http://thomas.loc.gov/cgi-bin/query/D?c109:1:./temp/~c109UcVNaR::]Senate Tax Relief Act of 2005[/url] was penned with the intent of fostering honest accountability in the charity world. And, furthermore, let’s graciously allow that the legislation was designed to send the message that the Internal Revenue Service is vigilantly watching over the donation of tax-deductible clothing and household goods.
A [url=http://www.washingtonpost.com/wp-dyn/content/article/2005/12/29/AR2005122901503.html]recent article[/url] in the Washington Post justifiably underscored the importance of providing goods to charities that actually have value. Too much of what is given to charities today winds up in the local dump.
But Congress was not thinking clearly when it included a “Limitation of Deduction for Charitable Contributions of Clothing and Household Items” in Section 317. This measure requires the Secretary of the Treasury to annually create a list that places ‘market values’ on all household goods or items that would potentially be donated to a charitable organization. For a contribution in excess of $250, the donor would be required to secure a receipt from the charity that provided an itemized list “of number of items contributed, an indication of the condition of each item, a description of the type of item contributed, and a copy of the Secretary’s valuation list or an instruction on how to obtain such list.”
If the donated item is not in a “good used condition or better,” the charity would then need to value the contribution at 20 percent of the market value as deemed by the Secretary’s list. Or no value at all if the charity said it was worthless to the organization.
The [url=http://www.cpjustice.org/cprf]Coalition to Preserve Religious Freedom[/url] argues that Section 317 generates serious operations and accounting burdens for rescue missions and small nonprofit organizations. That is a polite response.
For more than two years now, the IRS has been telling Congress — and the Senate Finance Committee in particular — that it doesn’t have the resources to get its charity oversight work done. Now the IRS wants to get into the clothing and household goods valuation business?
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