Get rid of your old car, help out a charity and get a
write-off. What could be easier?
With the April 15 IRS deadline drawing near, charities are
tapping taxpayer frustration by increasing their appeals for vehicle
donations. But a proposed government crackdown on the value donors can
claim for a donated vehicle is changing the way programs are being
advertised.
Claims of “highest blue book value” and grandiose
statements about how a car donation will support your favorite charity
are giving way to cautious, increasingly detailed disclosures of the
donation process, including specifics on how much a charity might expect
to receive from a donation.
The pressure on advertisers to come clean about the
donation process follows a recent congressional investigation that found
many donors claim the highest “blue book” value on their taxes, while
many charities are typically earning 20 percent or less from the
transactions. In some cases, nonprofits are even losing money on the
deal.
Uncle Sam is now threatening to step in and regulate a
system based primarily on the honor system, which provides donors with
plump write-offs and makes car auctioneers a tidy bundle but leaves
charities with little to show.
“There’s clearly been an area where there’s potential
abuse,” said Paul Castro, president of Jewish Family Service (JFS).
While charities might be receiving a small percentage of
the total donation, many are increasingly reliant on the vehicle sales
as a funding source for annual budgets.
JFS, which uses a third party to collect and sell donated
cars, is worried that any changes in the current system will carry a
negative financial impact for charities. Proceeds from the sale of
donated vehicles account for 22 percent and 33 percent of the budgets
for the organization’s Valley and Santa Monica offices, respectively.
“Obviously, anything that gets into place from a regulatory
perspective that chills the donor is something that’s going to effect
us, because people are going to be more cautious,” Castro said. “On the
other hand, if the charity is forced to get the appraisal, then it’s
going to become a burdensome process, and if the donor is required to
get an appraisal, they’re going to be less likely to donate it.”
The Bush administration, as part of its budget proposal for
2005, is hoping to close this tax loophole, which could save the federal
government billions in estimated savings over the next 10 years by
establishing either a deduction limit or stricter appraisal requirements
for used vehicle donations. However, the change could have a deleterious
impact on nonprofits at both the national and local level.
If passed by Congress, the changes could take effect this
year.
A November 2003 report prepared for the Senate Finance
Committee by the General Accounting Office (GAO), the investigative arm
of Congress, found rampant abuse by taxpayers who donate vehicles to
nonprofits. In addition to taxpayers inflating write-off claims for used
vehicles to “blue book” value instead of fair-market value, the report
found that charities often earn anywhere from 20 percent to 5 percent of
the value donors claimed on their taxes.
The report tracked 54 donated vehicles, most of which were
sold at auction. In one instance, a donor valued a 1987 Volvo 740 at
$3,000, but the nonprofit’s final take was $35. Some charities lost
money on the donation after paying towing, repair and resale costs.
The GAO estimates that tax claims for vehicle donations
cost the federal government $654 million in revenue for 2000, but the
report did not estimate how much the IRS loses when donors use the
higher “blue book” value rather than fair market.
The Treasury Department and several senators are pushing
for stricter requirements.
According to the Treasury, closing the tax loophole on car
donations, as well as a crackdown on deductions for intellectual
property and patents, would raise about $4.8 billion over a 10-year
period. Under a plan submitted by the Treasury, the IRS would require
taxpayers to get their vehicle appraised prior to donation. Current IRS
regulations require appraisal only if the vehicle’s value is greater
than $5,000.
“We encourage people to proceed carefully when donating
vehicles,” IRS Commissioner Mark W. Everson said. “But people should
know that in some cases, the donation is providing little value.”
Before donating a vehicle, the IRS advises that taxpayers
ask questions of the charity to determine how the vehicle will be sold —
either by the charity itself or a private fundraiser, like an auction
house — and how much of the sale price will be used for charitable
purposes.
California law requires that nonprofits issue donors a
receipt that lists the mileage and condition of the vehicle for a state
tax deduction. It’s a model the federal government may turn to as a
blueprint for any vehicle donation reform.
While more stringent reporting at the state level has made
the taxpayer more honest, third-party retailers are still behind the
curve. A California study revealed that 80 percent of charities
contracting with fundraisers to run their car donation program received
less than 60 cents for every dollar value of vehicle donated.
However, smaller-scale car donation programs that handle
their own intake and sales, like Southern California Jewish Center or
Chabad, aren’t worried that future regulations will scare off potential
donors.
Rabbi Moshe Bryski said Chabad of the Conejo, which
recently sent out an advertisement about its vehicle donation program to
congregants, takes in about a dozen cars every year that are then sold
by a volunteer.
“Organizations that primarily get their cars donated from
people who care about the organization, not so much doing it for the tax
write-off but doing it to help Chabad, it’s not going to have an effect
on us at all,” he said.