Appraising a donated income stream?

A bit of research seems to indicate what the OP was suggesting will not be deductible.

"Sec. 170(f)(3) generally denies a charitable deduction for contributions of less than the donor's entire property interest. However, a deduction would be allowed under Sec. 170(f)(3)(B)(ii) for a contribution of a partial interest if it consists of the donor's entire interest in the property (unless the property in which such partial interest exists was divided to create such interest). Also, a deduction would be allowed if the taxpayer contributes an undivided portion of its entire property interest. "

Reply to
Pico Rico
Loading thread data ...

Cite?

Reply to
Bill Brown

There are other things that generate income, and you can give those away, such as treasury bonds, real property that receives rent, etc. And all of those not only do you get the income out of your taxable income, but you get a deduction for the underlying asset.

The difference, I think, is that when you only give away the income stream and not the underlying asset, the income stream has no basis.

But more important, the general rule is that you are not allowed to assign bare income. If you retain ownership of an asset that generates income, the income will be taxed to you no matter who receives the income. That's not in the statute, but is enunciated in Supreme Court decisions.

Reply to
Stuart A. Bronstein

My query was based on the premise that I would donate to the charity anything and everything of any sort connected with the property and its associated income stream --"ganz alles" so to speak.

Reply to
AES

So if you pay nothing to create 100 sonnets the cost basis is zero. But if you sell the rights to a company or person for $50,000, then to that person the cost basis is $50,000.

Reply to
removeps-groups

If you donate the underlying intellectual property, you may be able to get a deduction for that. But you can't simply assign income by itself and have it taxed to someone else.

Reply to
Stuart A. Bronstein

Exactly.

Reply to
Bill Brown

As has been stated a few times in this thread, if you donate the copyrighted item to a qualifed charity your deduction is the LESSER of fair market value or your basis. If you created the copyrighted item yourself, your basis is probably quite low - the cost of several sheets of paper and the regisration fee charged by the copyright office. Note that your basis is NOT increased by any expenditure that you have already deducted on one of your tax returns.

Reply to
Bill Brown
Reply to
removeps-groups

BeanSmart website is not affiliated with any of the manufacturers or service providers discussed here. All logos and trade names are the property of their respective owners.