Don't dump that old car, donate it
By Kay Bell
Are you planning to donate your old jalopy to a charity instead of trying to sell or trade it? Then you better give it away by Dec. 31. Next year, the tax rules on auto donations get tougher.
Sure, you'll still be able to donate an old car when the new year rolls around. And you'll still get a tax deduction. But the write-off might not be as large. That's because some people took advantage of the donation system, prompting lawmakers to tighten the vehicle giving guidelines beginning in 2005.
Right now, however, taxpayers still have time to help out a good cause by giving away a car (or boat or other vehicle) and get in under the existing, and more accommodating, Internal Revenue Service rules. If that's your case, here are some things to consider.
First, the timing of your auto donation is critical. All charitable gifts must be made in the tax year for which you are filing the return. To claim a donated auto on your 2004 tax return (due next April 15), you must give it to a charity by this coming Dec. 31.
Next, to write off your auto gift, you must itemize instead of claiming the standard deduction. That means you have to keep track of what you give and file the long Form 1040 and Schedule A. If your old car is the only deduction you can claim on Schedule A, giving it to a charity may not be worth it from a tax standpoint.
To determine whether to itemize or claim the standard deduction, find out your standard deduction amount. It depends on your filing status:
- $4,850 for single or married taxpayers filing separately,
- $7,150 for heads of households, and
- $9,700 for married couples who file joint returns.
If your itemized expenses are close to your standard amount, adding the value of a donated car could be just what you need to make itemizing the right tax choice this year.
Also keep in mind that as a deduction, the value of your car does not directly cut your tax bill. Deductions are used to reduce your taxable income, which usually does mean you'll owe less taxes. But a deduction's actual worth depends on your tax bracket. That means a donation of a $300 auto translates to a tax cut of only $75 for a filer in the 25-percent tax range.
So if you would rather have the cash instead of a comparatively small tax break, sell your old auto. If, on the other hand, you're feeling generous -- or don't want to spend what it would take to get the clunker in sellable shape -- giving it to a charity might be the better route
Check out your charity
Once you've decided to donate your vehicle, the biggest choice is which philanthropic group gets it. More than 4,000 charities accept gifts of vehicles. The important thing is to make sure that the one you select is a reputable and tax-qualified organization. Unfortunately, some con artists take advantage of people's good intentions and accept cars that never go to philanthropic causes.
Other groups may well do valuable community work but are not approved charitable organizations under IRS rules. Ask for copies of the group's federal tax-exempt status documents. You also can check out the
IRS Web site's directory to see if the charity is on the approved list or peruse
GuideStar's registry, which provides information on more than 850,000 U.S. nonprofit organizations. Or call the IRS at 1-800-829-1040 and ask about the group's tax status.
Don't worry if your car's engine conks out completely before you pull into the charity's parking lot. In most cases, the auto doesn't even have to run. Many groups offer free towing. In fact, it doesn't even have to be a car. Vans, trucks, recreational vehicles, boats and heavy equipment are accepted by many groups.
You must have a clear title to the vehicle, and it must be lien-free. Groups won't accept cars that are still being paid for or that are leased.
Proving your generosity
After handing over the vehicle, get a receipt. For contributions of $250 or more, you must get a written acknowledgment of your gift from the organization before you can claim the deduction. The group getting the car, however, won't include on the receipt the value of your gift.
When it comes to deciding just how much your car was worth, the IRS relies on you to accurately claim the fair market value -- what a willing buyer would pay a willing seller for the product. To get an idea of this, check out auto valuation services such as the
National Automobile Dealers Association, the
Kelley Blue Book or
Edmunds. You may be surprised by how much your donation is worth.
Some taxpayers, however, have gotten greedy when it comes to claiming vehicle donations.
Government inspectors say they found wide discrepancies between the value that some auto donors claim on their tax returns and the actual worth of the cars they give. A November 2003
General Accounting Office report notes that excessive tax valuations of donated vehicles cost the U.S. Treasury $654 million in tax revenue in 2000.
Tougher law for 2005
To help reduce overvalued auto donations (and bring more tax dollars to federal coffers), the IRS has issued a
new guide for auto donations. In addition, legislation signed into law by President Bush on Oct. 22 makes substantial changes to used-car charitable deductions next year.
Beginning Jan. 1, 2005, when a taxpayer donates a vehicle for which the claimed value is $500 or more, the precise deduction he can claim will depend on how the charity plans to use the vehicle. If the auto is sold by the nonprofit, then the taxpayer will be able to deduct only the amount of gross proceeds the organization got from the sale. And the donor will have to depend on the charity to let him know the donation amount by the individual tax-filing deadline.
If, however, the group plans to use the car for what the law deems as "significant" tax-approved charitable work, the donor would be able to claim the fair market value of the donated vehicle. The new law also provides penalties for fraudulent acknowledgments provided to taxpayers.
Sen. Charles Grassley (R-Iowa), primary sponsor of the measure, calls it "common-sense reforms [that] will go a long way toward ending the abuses in car donations" documented by government accountants.
Charities acknowledge that there are problems with the current system, but many are skeptical about changes that put the burden of policing tax breaks on the recipient groups. The organizations also worry that the new rules will dampen these types of contributions.
In a letter sent to the Treasury Secretary during consideration of the changes, representatives of two dozen charitable groups argued that, "Under such a proposal, a taxpayer's actual deduction amount would be uncertain at the time of a contribution, and potential donors would not be able to compare the relative benefits obtained by donating their vehicles, trading them in to a car dealer, or selling the vehicles themselves. ... We believe this approach would greatly discourage and reduce future vehicle donations to charities and increase the cost of administering such programs, and we would respectfully ask that the Treasury join us in opposing any such proposal."
Lawmakers, however, believe that the amount of tax cheating on vehicle donations is sufficient to warrant the changes and that the new law will not prove that onerous. "Without any hassle, the taxpayer can still donate his 1985 Pacer that goes only in reverse, and the charity will get the same amount of money it always gets," Grassley said. "The only difference is the taxpayer can’t claim $5,000 for the car that will sell at auction for $50."
Details on the implementation and enforcement of the new law will be developed by the U.S. Treasury in the coming months, and lawmakers and charities will be watching closely. Until then, if you want to give your car to your favorite cause, be warned: Even without the new law, auditors and lawmakers will be watching. Claiming a $5,000 tax break for a 1992 Ford Escort will definitely raise IRS eyebrows.
http://www.geocities.com/q41
cortesy of bankrate.com