The transfer of certain existing moveable or immoveable property made voluntarily and without consideration, by one person, called the donor, to another, called the
donee, and accepted by or on behalf of the
donee must be made during the lifetime of the donor and while he is still capable of giving.
"I am therefore of the view that this was not sponsorship provided for the benefit of Mr Hain as a regulated
donee, and no donation occurred."
No deduction is allowed for claimed donations of $250 or more unless it is substantiated by written documentation from a qualified
donee charity indicating the cash amount or property description of donated property.
But the court said the transfer of the title of the condo unit was fully consummated as new title had already been issued to the
donee as provided under Section 78 of the Tax Code.
donation for no other purpose except the construction of a building to be owned and to be constructed by the above-named
DONEE to house his offices to be used by the
DONEE, in connection with its functions under its charter and by-laws xxx xxx, PROVIDED FURTHERMORE, that the
DONEE shall not sell, mortgage or encumber the property herein donated including any and all improvements thereon in
* The Second Prong: Detrimental Reliance--As to the second prong, the Florida Supreme Court required that "the
donee must affirmatively show actual reliance of a substantial character in furtherance of the specified purpose set forth in the pledge instrument before the claim may be honored by the estate." (14) Until such time, the pledge is only an offer and is revocable by death, insanity, or otherwise.
Chiltern Dog Rescue the donor's contemplation of death was not based on anything she said or did other than the words "this will be yours when I go", whilst looking at the
donee. She did not say that she was giving the property to the
donee there and then, subject only to the condition that she should die.
representative of the
donee that clearly references the documentation
A disclaimant meeting the above requirements will not be treated as the
donee for estate, gift, and GST tax purposes and will not be treated as having made a gift to the successor
donee.
The donor's knowing the
donee is a critical component to a successful and tax-advantaged transfer of appreciated artwork.
If that's not practical, you can support your deduction with a written communication from the
donee organization.
