This approach not only benefits the charitable cause but can also provide significant advantages for the property owner, including liquidity, tax savings, and reduction of holding costs.

A bargain sale involves selling a property to a tax-exempt charity at a price below its fair market value.  If the sale is to the right type of tax-exempt organization (known as a public charity), the seller is entitled to a tax deduction for the full fair market value of the property in excess of the amount of the purchase price received for it.  For this purpose, fair market value is the value at its highest and best use, regardless of how the seller was using the property or how the charity expects to use it.

A bargain sale can result in savings of capital gain tax in addition to a charitable deduction.  For example,  assume a building purchased for $300,000 that has appreciated to $1 million.  A contribution would entitle the owner to a deduction of $1 mil, and there would be no tax on the $700,000 of capital gain.  In a bargain sale for $600,000, the basis must be allocated proportionately between the sale and the contribution (in this case, 60/40).  Accordingly, the seller would have a $400,000 charitable contribution deduction and a $600,000 sale on which it would have $420,000 of taxable capital gain.  (A seller’s deduction is reduced by any depreciation recapture or short-term capital gain that would be taxed as ordinary income on a sale.)

These tax benefits may allow a seller to exit a difficult-to-sell property at a lower price, expedite the sales process and eliminate ongoing carrying expenses. It may allow the charity to acquire a facility for its use well below market value or to make a profit on resale.

In order to take the charitable contribution deduction, the seller must satisfy IRS appraisal requirements.  An appraisal of the property must be i) conducted by a qualified appraiser; ii) documented in a written appraisal report; iii) completed no earlier than 60 days before the date of the donation and no later than the due date of the donor’s tax return, including extensions; and attached to the tax return when claiming the charitable deduction.  Seller must also obtain a signed acknowledgment from the charity that it received the property.

Bottom Line: A bargain sale to a public charity can offer a win-win solution for property owners struggling to sell challenging real estate assets.  FYI, there are brokers that specialize in these transactions.

“Find out what you like doing best and get someone to pay you for doing it.” – Katharine Whitehorn

Print:
Email this postTweet this postLike this postShare this post on LinkedIn
Photo of James Duffy James Duffy

Jim is a partner in Taft’s Tax practice and practices principally in the areas of federal tax law; tax credit financing; individual, partnership and corporate tax planning; M&A; tax-exempt organizations and general commercial and corporate law.

Jim has been actively practicing in the

Jim is a partner in Taft’s Tax practice and practices principally in the areas of federal tax law; tax credit financing; individual, partnership and corporate tax planning; M&A; tax-exempt organizations and general commercial and corporate law.

Jim has been actively practicing in the area of the New Markets Tax Credits (NMTC) program since its inception in 2001. He has organized community development entities (CDEs) and represented CDEs, borrowers and other parties in structuring and closing numerous NMTC transactions. Jim also advises clients regarding Qualified Opportunity Zone matters.

Jim advises LLCs, partnerships, corporations and individuals in connection with the formation of new companies, mergers and acquisitions, formation of joint ventures, like-kind exchanges, ownership succession planning, and general business operations. These clients are involved in a variety of industries, including banking, venture capital, real estate, construction, consulting and investing.

Jim also advises charitable and non-charitable tax-exempt organizations, including health care entities, schools, religious and civic organizations. In addition to advising management of these organizations with respect to matters pertaining to general operation and maintenance of tax-exempt status, Jim has assisted clients in forming, restructuring and dissolving tax-exempt organizations, as well as forming donor- advised funds.

Prior to joining the firm, Jim worked at the law firm of Lewis Rice and Fingersh in St. Louis, Missouri, where he concentrated his practice in federal and state taxation. He also clerked for the Hon. Robert P. Ruwe of the U.S. Tax Court in Washington, D.C.