Vehicle Donations: Selected Charities Reported Mixed Experiences after Changes in Vehicle Donation Rules
Published: 2008-02-15T00:00:00

Fast Facts:

Highlights:
section_title: Why GAO Did This Study
paragraphs: In 2003, GAO found that many taxpayers' estimates of the value of their vehicles, claimed as tax deductions, were in excess of the charities' subsequent sales of the vehicles. Subsequently, effective January 1, 2005, the rules related to the amount taxpayers can claim as a deduction on their tax returns for vehicles donated to charities changed. Under the new rules, in many cases the amount taxpayers are allowed to claim as a deduction is less than they could have claimed before the changes. Some charities that used vehicle donations as a revenue source said that the changes could lead to fewer donated vehicles and reduced revenues. GAO was asked to determine how charities have been affected by the 2005 changes. GAO discussed the rule changes with Internal Revenue Service (IRS) officials and the impact of the changes with representatives of several charities. GAO judgmentally selected 10 charities from among the 65 contacted in the course of the 2003 GAO study. The experiences of these charities cannot be generalized to all charities because the selected charities were not drawn from a statistical sample of all charities with vehicle donation programs.
section_title: What GAO Found
paragraphs: The selected charities GAO contacted reported mixed experiences after the rules for claiming a tax deduction for donating a vehicle were changed. Prior to the law change, taxpayers could claim estimated fair market value for any donated vehicle. However, beginning January 1, 2005, taxpayers are generally limited to deducting only the sales price of the vehicle when a donated vehicle is sold by the charity. The 10 charities GAO contacted reported varied experiences in the number of, quality of, and revenue from donated vehicles; some changes in their business operations; and mixed experiences with administering the changes in the rules. Of these 10 charities, when comparing 2003 to 2006, 6 reported decreases in the number of vehicles donated and some of these decreases were substantial. Also, 3 charities reported an increase, and 1 did not provide data. Three reported an increase in quality, 3 a decrease, and 4 no change. Six reported a decrease in vehicle donation revenue from 2003 to 2006, 3 an increase, and 1 did not provide data. GAO did not find a consistent pattern when comparing the number of donated vehicles with the revenue from the vehicle donation program or a charity's overall revenue. In response to the rule changes, some charities changed their fund-raising activities and some decreased services, such as reducing the hours for providing services. Examples of business operations changes include using minimum bids at auctions, selling vehicles online, and selling vehicles directly to the public instead of through wholesalers. Finally, all 10 reported increased administrative burden due to increased reporting requirements, but they were able to accommodate the increase in paperwork.

section_title: Letter
paragraphs: Vehicle donation programs are important sources of income for some  charities, with many of these charities selling the donated vehicles and  using the proceeds for their charitable purposes. In 2003, we found that  many taxpayers’ estimates of the value of their vehicles, claimed as tax  deductions, were far in excess of the proceeds of charities’ subsequent  sales of the vehicles. Subsequently, Congress changed the rules so that  beginning in 2005, deductions for vehicles donated and then sold by the  charities were to be limited to the gross sales price of the vehicle with  some exceptions. Some charities were concerned that this would lead to  fewer vehicle donations and less revenue for the charities to use in pursuit  of their missions.
Because of your interest in the effect of the vehicle donation rule changes,  you asked us to determine how charities have been affected by the 2005  changes to the amounts donors can claim on their tax returns for donated  vehicles. In addition, as you requested, appendixes I and II include  information about the steps the Internal Revenue Service (IRS) took to  implement these changes and to ensure charity and donor compliance.
To determine how charities have been affected by the 2005 changes, we  reviewed the new vehicle donation rules that became effective January 1,  2005, and compared them to the previous vehicle donation rules. In  addition, we attempted to contact the 65 charities we interviewed for our  November 2003 report about the vehicle donation process. We reached 58  of these charities and determined which of them still operated vehicle  donation programs as of August 2007, if they used contractors to operate  the programs, and approximately how many donated vehicles they  received in 2006 or 2007. We selected 10 of these charities that still  operated programs and 1 that no longer operated a program and  conducted in-depth interviews with charity officials to obtain their views  about how they were affected by the changes in the amounts donors could  claim on their tax returns. To ensure that we obtained the views of  officials who operated a wide variety of vehicle donation programs, we  selected, based on the results of our initial screening contacts, charities  that did and did not use the exceptions to the gross proceeds of sale rule  and charities that used or did not use contractors to operate their vehicle  donation programs. Also, our screening contacts indicated that some  charities had vehicle donation programs that increased, stayed about the  same, or decreased in terms of the number of donated vehicles in 2006 or  2007 in comparison to 2002, and we selected a similar mix of charities for  our in-depth interviews. The information provided by charity officials is  anecdotal and cannot be generalized to other charities that operate vehicle  donation programs. We did not independently verify the information  provided by the charity officials.
We also reviewed and analyzed documents related to the rule changes,  including IRS publications, forms and instructions, and notices, and  Treasury Inspector General for Tax Administration (TIGTA) reports and  our reports related to charitable contributions of vehicles or other  noncash contributions. In addition, we interviewed TIGTA officials as well  as IRS officials from the Tax Exempt and Government Entities, Wage and  Investment, Small Business/Self Employed, and Large and Mid-Sized  Business Divisions and analyzed related documents to determine IRS’s  plans for ensuring that charities and donors comply with the requirements  related to vehicle donations or other noncash contributions. We  performed our work from June 2007 through January 2008 in accordance  with generally accepted government auditing standards. Our scope and  methodology are described in greater detail in appendix III.
subsections: section_title: Background
paragraphs: Section 884 of the American Jobs Creation Act of 2004 changed the rules  for the amount taxpayers could claim as a deduction on their tax returns  for donating a qualified vehicle to a charity. The new rules were effective  for all vehicle donations made after December 31, 2004. Prior to this  change, eligible taxpayers could claim up to the fair market value of the  donated vehicle as a deduction on their tax returns. For any vehicles  donated to a charity on January 1, 2005, or later with a claimed value that  exceeds $500, taxpayers can only claim the lesser of the vehicle’s fair  market value or gross proceeds of the sale as a deduction on their tax  returns unless the charity’s intended use of the donated vehicle meets one  of the three exceptions to the gross proceeds of the sale rule. If one of the  exceptions is met, the taxpayer may be eligible to claim the fair market  value of the vehicle as a deduction. The three exceptions are  the charity intends to make a significant intervening use of the vehicle;  the charity intends to make a material improvement to the vehicle; or  the charity intends to give or sell the vehicle to a needy individual at a  price significantly below fair market value in direct furtherance of the  charity’s charitable purpose.
If the charity sells the vehicle for $500 or less and the exceptions do not  apply, the taxpayer can deduct the lesser of $500 or the vehicle’s fair  market value on the date of the contribution. Table 1 summarizes the  amount donors could deduct for charitable contributions of vehicles  before and after the changes in the rules for such deductions.
subsections: section_title: Vehicle Donation Process
paragraphs: The vehicle donation process generally consists of six steps:                      (1) solicitation/donor contact, (2) vehicle pickup, (3) vehicle sale,             (4) distribution of proceeds, (5) charity provides donor with written  acknowledgment, and (6) charity and donor file required forms with IRS.  The vehicle donation process is depicted in figure 1.
Step 1 – Solicitation/donor contact. The vehicle donation process  generally begins with solicitations for donated vehicles through  advertisements. Vehicle donations may be solicited directly by charities,  third-party agents, or both, depending on the agreement between the  charities and third-party agents. Vehicle donations are solicited through  advertisements on the radio, in newspapers, on the Internet, on truck  banners, on television, and on billboards. Also during this step, donors  initiate contact with the charity and or third-party agent to donate their  vehicles. Either a charity or third-party agent may take the initial call from  a potential donor, asking the donor questions that may be used to screen  vehicles, such as the vehicle’s make, year, and condition and if the donor  has the title to the vehicle.
Step 2 – Vehicle pickup. After the donor makes the initial call to donate a  vehicle, arrangements are made to pick up the vehicle and deliver it to  wherever it will be stored until it is sold. Once vehicles are picked up, the  charity or third-party agent also obtains the title of the vehicle from the  donor.
Step 3 – Vehicle sale. Once collected, donated vehicles are most often  sold. Charities or third-party agents typically sell donated vehicles through  auctions to auto dealers, to the public, or to vehicle salvagers.
Step 4 – Distribution of proceeds. After vehicles have been liquidated, the  proceeds are distributed. Charities with in-house vehicle donation  programs keep proceeds that remain after deducting costs associated with  processing the vehicles. When charities use third-party agents, the  financial agreement between the charity and the third-party agent dictates  the proceeds that the charity and fund-raiser will receive from the sale.
Step 5 – Charity provides donor with written acknowledgment. Charities  are required to provide a contemporaneous written acknowledgment to  the taxpayer for any contribution of a vehicle with a claimed value that  exceeds $500. The charity can either create its own acknowledgment, or it  can use Copy B of Form 1098-C (Contributions of Motor Vehicles, Boats,  and Airplanes) as the contemporaneous written acknowledgment. For  details about the information that must be included in the written  acknowledgment, including contributions with a claimed value of $500 or  less, see appendix IV.
Step 6 – Charity and donor filing requirements. The charity must file a  Form 1098-C if a donor contributes a qualified vehicle to a charity with a  claimed value of more than $500. Charities are not to file Form 1098-C for  contributions of qualified vehicles with a claimed value of $500 or less.  Donors must attach Copy B of Form 1098-C, or a copy of the  acknowledgment if the charity does not use Copy B for this purpose, to  their returns if they are claiming a deduction of more than $500. A donor  must also file Form 8283 (Noncash Charitable Contributions) if the  deduction he/she is claiming for a donated vehicle is greater than $500 and  attach it to the Form 1040 (U.S. Individual Income Tax Return). For more  information on the filing requirements for charities and donors, see  appendix V.
section_title: Charities Have Had Mixed Experiences with Their Vehicle Donation Programs since the 2005 Changes
paragraphs: We contacted 58 charities during August 2007 and found that almost all of  them still operated their vehicle donation programs. We conducted in- depth interviews with officials from 10 of these charities and learned that  changes in the number of donated vehicles did not appear to correspond  with changes in the quality of vehicles donated or with changes in overall  fund-raising. Also, some charities have developed innovative ideas to  increase revenue from vehicle donations.
subsections: section_title: Charities Continue to Operate Vehicle Donation Programs
paragraphs: Almost all of the charities contacted still operated their vehicle donation  programs as of August 2007. In 2003, we interviewed officials from 65  charities when collecting data for our previous report. We attempted to  contact all of these charities and successfully reached 58 of them.  Through these contacts, we learned that all but 5 of the 58 charities still  operated vehicle donation programs. During these contacts, we asked  about changes in the numbers of vehicles being donated before and after  the rule changes. Not all of the charities in our screening interviews  provided information about the number of donated vehicles; 30 charities  gave us this information and 21 of them said that they had seen a decrease,  and the rest said that they saw increases or no change. Some of these  changes were large, while others were fairly small.
We conducted an in-depth interview with an official from one of the five  charities that no longer operates a vehicle donation program. According to  the official, charity managers decided to discontinue the vehicle donation  program before the rules were changed, choosing instead to focus their  fund-raising activities on a large fund-raising campaign that lasted for a  few years. The official said that by reallocating the resources that had  been devoted to the vehicle program, the charity could raise more money  by focusing on obtaining large donations from selected donors for its fund- raising campaign. At the remaining four charities that no longer had  vehicle donation programs, officials told us either that the employees who  used to operate the vehicle donation program no longer worked for the  charity and no other program officials could speak about the decision to  discontinue the program or that the charity has not received any vehicles  for the past 2 to 3 years.
section_title: Some Selected Charities Reported Substantial Declines in Number of Vehicles Donated and Had Varied Experiences with the Quality of Vehicles Donated
paragraphs: For the 10 charities covered in our in-depth interviews, 6 reported  decreases from 2003 to 2006 in the number of vehicles donated, 3 reported  increases and 1 did not provide data, as shown in table 2; however, the  latter reported that the number of donated vehicles is about the same  since the rule change. One charity’s donations declined by over 37,000  vehicles, while others realized much smaller decreases ranging from about  350 to 600 vehicles when comparing 2003 and 2006 data. However, when  comparing years 2005 to 2006, 4 of the 5 charities that reported using one  of the exceptions to the gross proceeds of sale rule reported an increase in  the number of vehicles donated. It is important to note that not all of the  vehicles donated to a charity that can use one of the exceptions to the  gross proceeds of sale rule are eligible for the exception. For example, a  charity that gives donated vehicles to needy individuals in direct  furtherance of its charitable purpose may sell some of the donated  vehicles it receives. The vehicles given to needy individuals are eligible for  the exception, but the vehicles that are sold to non-needy individuals are  not.
All of the six officials who reported a decrease in the number of vehicles  donated to their charities attributed this decrease, at least in part, to the  change in the rules. Some charity officials noted other factors that also  may have affected the number of vehicles donated. For example, officials  at two charities noted that there is more competition in the marketplace  for donated vehicles. An official at another charity noted that vehicle  donations often follow the trends in new vehicle sales, and if people are  not buying as many new vehicles, they are less likely to donate vehicles.  An official at a different charity said that she could not attribute reduced  donations fully to the rule changes because the charity had decreased its  advertising of the vehicle donation program over the past few years.
Charity experiences with the quality of donated vehicles also varied. Three  of the 10 charities reported an increase in quality, 3 charities reported a  decrease in quality, and 4 charities reported no change in the quality of  vehicles donated. One of the charities that uses one of the exceptions to  the gross proceeds of sale rule reported that the quality of donated  vehicles generally increased and more of these vehicles could be  refurbished and given to needy individuals. The official said that in 2002  the charity was only able to refurbish about 75 vehicles to give to clients  while the charity gave away about 200 vehicles to clients in 2006. An  official at another charity noted that the quality of the vehicles may be  related to the demographics of the areas where the charity operates. In  one area of the state, the charity tends to receive higher-quality vehicles  because many of the area residents are retirees who are financially  comfortable and able to donate their old vehicles, which are still in good  condition, while donors in less-affluent parts of the state tend to donate  vehicles that need to go straight to salvage yards.
Officials from eight charities said that they will take any vehicle in any  shape, although some charities stipulate that the cost to tow the vehicle  cannot be more than the value of the vehicle. Some of those charities sell  the vehicles to salvage yards for the price of the metal or to salvage yards  that pay a flat fee to the charity for the vehicles.
section_title: Some Selected Charities Reported Decreases in Vehicle Donation Revenue
paragraphs: Officials we interviewed from 6 of the 10 charities reported a decrease in  vehicle donation revenue from 2003 to 2006, 3 reported an increase, and 1  did not provide data but reported that the rule changes had no effect on  vehicle donations or revenue. We did not find a consistent pattern when  comparing the number of vehicles donated with the revenue from the  vehicle donation program or the charity’s overall revenue. For example, 3  of the 6 charities that reported decreases in revenue from vehicle donation  programs from 2003 to 2006 also reported a decrease in total revenue  while the other 3 reported increases in total revenue. For 1 of these  charities, the number of vehicles donated increased, while the revenue  from those vehicles and total revenue decreased. In another case, a charity  reported a decrease in the number of vehicles donated but increases in  both the revenue from the vehicle donation program and total revenue.
Some of the charity officials we interviewed said that their organizations  changed their fund-raising activities to offset the loss in revenue from their  vehicle donation programs. For example, one charity started to increase  the number of special events, such as tennis and golf tournaments and  fund-raising dinners. In 2006, this charity held over 35 special events,  which raised $1.2 million dollars. Another charity reported an increase in  grant revenue to offset the loss in vehicle donation revenue but added that  grant revenue is often earmarked for specific programs and activities  unlike vehicle donation revenue, which can be used for general program  administration.
Five of the 10 charities we interviewed reduced services or made other  changes in their programs because of the loss in revenue from their  vehicle donation programs. For example, 1 charity curtailed some  services, such as decreasing hours of operations at some homeless  shelters. Previously, this charity operated a 24-hour facility targeted at  single men and women, but now the charity only operates the facility in  the evenings. This same charity instituted a hiring freeze and has  postponed or canceled staff merit pay increases because of the loss in  revenue. Another charity reported closing some local offices and reducing  its staff. However, 2 charities noted that the total revenue from their  vehicle donation programs was a small percentage of their overall budgets.  As such, 1 of these charities said that the decline in vehicle donation  revenue did not have much of an impact on its ability to provide services.
section_title: Some of the Selected Charities Changed Their Vehicle Donation Business Operations in Order to Adapt to the New Environment
paragraphs: In order to offset decreased revenue from the vehicle donation programs,  some charities have changed their vehicle donation business operations.  Examples of changes include using minimum bids, selling vehicles online,  and selling vehicles directly to the public.
One charity started placing a minimum bid amount on the vehicles sold at  auction to help secure a higher selling price. The charity takes the chance  that the vehicles will not sell and it will have to reclaim them at the end of  the auction. This practice helps ensure that the charity will receive the  minimum sale amount for each vehicle at some point. The charity also  sends a representative to the auction to oversee the vehicle sales. The  charity official said that his organization found that it got better prices  when it directly oversaw the auction than when it left the whole process to  the auction house.
One charity that provides services to needy persons has sold high-end  vehicles on online auction sites such as eBay rather than giving them to  needy individuals. Since high-end vehicles tend to have higher upkeep  prices, the charity was concerned that the needy families would not be  able to fix the vehicles if they broke down. Instead, the charity sells these  vehicles at an online auction and uses the money in its program. This  allows the charity to obtain more revenue than at a wholesale auction,  since the general public is bidding on the vehicle, not just wholesale  buyers.
One of the charities we interviewed said that in response to the rule  changes, it began operating a used car lot at the end of 2005. As a result, its  revenue from vehicle donations doubled in 2006 over that of 2005,  according to the charity official.
section_title: Selected Charities Reported Mixed Experiences with Administering the Changes in Vehicle Donation Rules
paragraphs: All of the charities said that administrative burdens have increased;  however, some charity officials noted that they were able to accommodate  the increase. The charity officials said that they had additional reporting  requirements to contend with and that completing and filing the Form  1098-C was time consuming. For example, an official at one charity stated,  “it takes time to fill out the Forms 1098-C and to prepare the  acknowledgment that is sent to the donors. We have to keep track of each  sale in order to provide the sale information to the donor. The donor  cannot claim a deduction until the vehicle is sold.” The official also noted  that although it was a burden, the charity has been able to handle the  increase in paperwork. An official at another charity noted that the money  spent on donor mailings has increased because the charity sends out a  donor package with explanations of how the vehicle will be used and the  acknowledgment for the donation and then must also send the Form 1098- C to the donor. According to the official, the paperwork has quadrupled  but the charity can handle it. An official at a different charity stated that  although it now has to file the Form 1098-C, the charity has also become  more efficient at using technology and can therefore handle the increase in  paperwork.
Six of the charities we interviewed reported difficulties with obtaining  Social Security numbers from donors, while some of the others  experienced few or no problems. Two charities noted that if donors do not  want to provide their Social Security numbers, then box 7a on the Form  1098-C is checked and the donors cannot claim more than $500 for the  vehicle donation. Two charities said that they explain why they need the  donors’ Social Security numbers in the letters sent to donors. Four  charities found that donors were nervous about providing their Social  Security numbers, possibly for fear of identity theft.
Six of the charities we interviewed noted that IRS’s guidance, forms, and  publications are generally clear and user-friendly. In a few cases, charity  officials were confused about some guidance. For example, one charity  did not know the correct timing for sending the acknowledgments to the  donors, questioning if it was 30 days from receipt of the vehicle or 30 days  from when they evaluated the vehicle.
Five charities noted that donors were asking more questions about the  vehicle donation rule changes. One official noted that for about the first 6  months, some donors did not know that the rules changed but now most  donors understand the new rules. Officials at the remaining 5 charities said  that the number of questions from donors remained the same or  decreased. One official noted that most of the donors were doing their  own research before deciding to donate a vehicle.
section_title: Agency Comments
paragraphs: The Acting Commissioner of Internal Revenue was provided a draft of this  report for her review and comment. IRS provided technical comments,  and we incorporated them as appropriate.
As agreed with your office, unless you publicly announce its contents  earlier, we plan no further distribution of this report until 30 days after its  date. At that time, we will send copies of this report to the Secretary of the  Treasury, the Commissioner of Internal Revenue, and other interested  parties.  This report will also be available at no charge on GAO’s Web site  at http://www.gao.gov.
If you or your staff have any questions, please contact me at (202) 512-9110  or brostekm@gao.gov. Contact points for our Offices of Congressional  Relations and Public Affairs may be found on the last page of this report.  Key contributors to this report were David Lewis, Assistant Director;  Charlesetta Bailey; Amy Bowser; Laurie Ellington; Michele Fejfar; Robyn  Howard; and Shellee Soliday.
section_title: Appendix I: Steps IRS Took to Implement Changes
paragraphs: The Internal Revenue Service (IRS) took several steps to implement the  new rules for claiming charitable deductions for vehicles, including  providing guidance to both charities and donors. After the enactment of  the new rules in October 2004, and before the new rules became effective  on January 1, 2005, IRS issued a news release in November 2004 that  explained the new rules. This news release explained that the charity  must provide donors acknowledgment of their donations, and that if the  claimed value of the donated vehicle exceeds $500 and the vehicle is sold  by the charity, donors are limited to claiming the gross proceeds of the  sale except in certain situations. During 2005 and 2006, IRS issued  additional news releases, notices, and publications related to charitable  contributions of vehicles including the following:  Issued a notice in June 2005 that described the new rules, including that  the deduction is limited to the gross proceeds of the sale with some  exceptions; what the exceptions are and that when an exception applies,  the donor may claim the fair market value of the vehicle; what information  must be included in the acknowledgment charities send to donors; and  what charities must report to IRS.  Issued a news release in December 2005 reminding taxpayers that they  must obtain a charity’s written acknowledgment of their vehicle donation  and that if the deduction is for more than $500, they must attach the  acknowledgment to their tax return.  Issued a notice in January 2006 that describes the information reporting  requirements for charities.  Issued a revised publication for donors in February 2006 that describes  how much they can deduct, how their deduction is generally limited to the  gross proceeds of the sale unless an exception applies, what the  exceptions are, how to determine fair market value if they are entitled to  claim fair market value, when an appraisal is required, and what  documents must be attached to their returns.
Issued a revised publication for charities in May 2006 that describes  charities’ responsibilities in relation to vehicle donations, including what  must be included in an acknowledgment and when it must be sent to the  donor, guidance about using the exceptions to the gross proceeds of the  sale rule, and what information must be reported to IRS and when it must  be provided.  Issued a notice in November 2006 that provided guidance related to the  requirement for appraisals of noncash charitable contributions. An  appraisal is required if the taxpayer is claiming more than $5,000 for a  donated vehicle.
Besides issuing these documents that specifically relate to charitable  contributions of vehicles, IRS also included information about vehicle  donations in other publications.
In addition to news releases, notices, and publications, IRS also created  Form 1098-C (Contributions of Motor Vehicles, Boats, and Airplanes) to be  used by charities to report each contribution of a qualified vehicle with a  claimed value of more than $500. Charities must send a written  acknowledgment of vehicle donations to donors, and they can use Form  1098-C for this purpose. The form includes all the information required by  law to be included in the written acknowledgment. Form 1098-C has four  copies—Copy A, which the charity files with IRS; Copy B, which the  charity sends to the donor and the donor attaches to his or her return;  Copy C, which the charity sends to the donor and the donor keeps for his  or her records, and Copy D, which the charity keeps for its records.
The Treasury Inspector General for Tax Administration (TIGTA) agreed in  its September 2007 report that IRS took several steps to implement the  new rules and that IRS properly updated tax forms and publications,  provided training and information to employees to facilitate the  implementation of the requirement, and added a link on the Large and Mid- Sized Business Division’s Web site to guidance related to vehicle  donations. However, TIGTA also found that in 80 percent of the sample  cases reviewed, taxpayers, preparers, or both did not prepare/file the  required forms for claiming the deduction. TIGTA recommended that IRS  develop a comprehensive outreach plan for taxpayers and preparers on  the reporting requirements for vehicle donations. IRS management  disagreed with this recommendation because they believe the actions IRS  was taking in response to a similar recommendation in an earlier TIGTA  report, related to noncash contributions that did not cover vehicle  donations, would address the new reporting requirement for vehicle  donations. TIGTA disagreed with IRS management’s response because  the deficient returns included in TIGTA’s sample were filed after IRS  provided outreach to the public. TIGTA agreed that taking additional  actions to publicize reporting requirements for noncash contributions may  address the new reporting requirements for vehicle deductions but added  that the outreach efforts must specifically emphasize that the  documentation requirements for donated vehicles are different than those  for other noncash contributions. Currently, IRS’s proposed outreach plan  does not emphasize vehicle donations; however, according to a Wage and  Investment Policy Analyst, IRS intends to include information in this  outreach effort that will address vehicle donations.
section_title: Appendix II: IRS’s Plans to Ensure Charity and Donor Compliance
paragraphs: Internal Revenue Services’ Tax Exempt and Government Entities Division  (TE/GE) is responsible for determining if charities are complying with the  vehicle donation tax rules and the Wage and Investment Division (W&I)  and the Small Business/Self Employed Division (SB/SE) are responsible  for determining if donors are complying with the vehicle donation tax  rules. Officials in these divisions said that they currently are not  concentrating on charity or donor compliance with the vehicle donation  rules in part because of competing priorities for compliance resources.   However, if a charity or donor is selected for an examination, one of the  items that could be reviewed is compliance with the vehicle donation  rules.
The Exempt Organizations Examinations Office staff in TE/GE, which  determines if charities are complying with tax rules, used input from its  Strategic Planning Work Group, which brainstorms ideas to determine if  issues should be addressed, and information obtained from Congress, IRS  staff, TIGTA reports, and the media to prioritize its work. Using this  information and because of limited compliance resources, officials of that  office said that they determined that issues other than vehicle donations  had a higher priority. In addition, in July 2007, the TE/GE Commissioner  testified that IRS is focusing on noncash contributions, but the problems  are greatest for noncash contributions for which there is no ready market.  Based on our interviews with officials from 10 charities that operate  vehicle donation programs, there is a ready market for donated vehicles.
W&I officials said that they decided not to focus compliance resources on  donated vehicles after conducting correspondence examinations in 2005  of a sample of 204 tax returns that included deductions for donated  vehicles and closing 88 percent of the examinations with no changes. The  average tax change made to the remaining returns was $382. They  concluded that the high rate of no change cases and the low audit results  in terms of dollars indicated that vehicle donations were not conducive for  correspondence examinations. In addition, according to the W&I  Automated Under Reporter (AUR) Program Chief, IRS has not done any  studies to determine if there would be a high return on investment from  instituting automated document matching related to vehicle donations.
An SB/SE Division Program official said that when identifying special  compliance initiatives, for example in vehicle donations, IRS considers the  amount of possible increased tax revenue that could be realized from an  examination in comparison to the resources spent on the examination.  Currently, IRS is not developing a special compliance initiative for vehicle  donations. However, in response to a TIGTA recommendation, IRS is  adding an audit indicator to returns claiming charitable deductions for  donated vehicles over a specific dollar threshold that did not have Form  8283 (Noncash Charitable Contributions) attached. Thus, according to the  SB/SE official, if a tax return is selected for an examination for other  reasons, the audit indicator will let examination staff know that they  should also look at the vehicle donation.
Besides recommending that IRS add an audit indicator to certain returns  with vehicle donations, TIGTA also recommended in its September 2007  report on charitable donations of vehicles that IRS  lower the dollar threshold for reviewing returns with unsubstantiated  deductions for donated vehicles and    correspond with taxpayers to obtain missing documentation.
IRS management responded that they consider vehicles a small subset of  the overall population of noncash charitable contributions, they will not  lower the threshold, and they will continue to correspond with taxpayers  who do not provide documentation if their noncash contribution is over a  specific dollar threshold. They also said that they are exploring alternative  ways to address lower-dollar vehicle donation compliance issues.   According to an SB/SE senior program analyst involved with exam policy,  IRS is revising Form 8453 (U.S. Individual Income Tax Declaration for an  IRS e-file Return). This form will be used to transmit supporting paper  documents that are required to be submitted to IRS by taxpayers who are  filing electronically. The Form 8453 will include a list of paper forms that  can be submitted with Form 8453. These will include Form 1098-C and  Form 8283. This should remind filers that they must file these forms with  IRS. TIGTA disagreed with IRS’s policy of treating vehicles as a small  subset of the overall population of noncash contributions. In TIGTA’s  opinion, since Congress specifically provided substantiation levels for  vehicles that were different than the requirements for other noncash  contributions, to ignore this when administering the tax law is not in  keeping with Congress’s intent.
section_title: Appendix III: Objectives, Scope, and Methodology
paragraphs: Our objective was to determine how charities have been affected by the  2005 changes to the amounts donors can claim on their tax returns for  donated vehicles. To address this objective, we reviewed the new vehicle  donation rules that became effective January 1, 2005, and compared them  to the previous vehicle donation rules. In addition, we contacted 58 of the  65 charities we interviewed for our November 2003 report about the  vehicle donation process, and determined which of these charities still  operated a vehicle donation program as of August 2007 and if they used a  contractor to operate the program. In our screening contacts, we also  asked about changes in the number of donated vehicles in 2006 or 2007 in  comparison to 2002. About half of the charities—30 out of the 58— provided a response to this question, and 21 of them said they had seen  decreases and the rest said they had seen increases or no change in  numbers of donated vehicles. We selected 10 of the 58 charities that still  operated programs and 1 that no longer operated a program and  interviewed officials to obtain their views about how the changes affected  the number and quality of donated vehicles, vehicle donation revenues,  their vehicle donation programs, and administrative burden. To ensure  that we obtained the views of officials who operated a wide variety of  vehicle donation programs, we selected charities that did and did not use  the exceptions to the gross proceeds of sale rule and charities that used or  did not use a contractor to operate their vehicle donation programs. The  charities we selected also reflected changes in the numbers of donated  vehicles from 2002 to 2006 or 2007 in similar proportion to what we found  in our screening contacts. The information provided by charity officials is  anecdotal and cannot be generalized to other charities that operate vehicle  donation programs. We did not independently verify the information  provided by the charity officials.
In addition, to provide information on the steps IRS took to implement  these changes and to ensure charity and donor compliance, we analyzed  documents and interviewed officials. To provide information about  implementation, we reviewed the guidance IRS issued to implement the  changes, including news releases, notices, publications, and forms and  instructions and TIGTA’s evaluation of IRS’s implementation of the  changes in the rules. To provide information about IRS’s efforts to ensure  compliance, we analyzed TE/GE, W&I, SB/SE, and LMSB documents  related to charitable contributions of vehicles and other noncash  contributions, including TE/GE’s implementing guidelines for its annual  work plans for fiscal years 2005 through 2007, a W&I analysis of a sample  of taxpayers who claimed a deduction for a vehicle donation to determine  if it should conduct correspondence examinations of vehicle donations,  SB/SE’s analysis to determine if it should lower the threshold for  examining returns that claim deductions for donated vehicles, and LMSB’s  proposed outreach plan for providing information about noncash  contributions. We also interviewed officials from those divisions about  compliance issues, and interviewed TIGTA officials and reviewed the  results of TIGTA’s evaluation of IRS’s controls over the processing of  deductions for donated vehicles reported on individual tax returns.
We performed our work from June 2007 through January 2008 in  accordance with generally accepted government auditing standards.
section_title: Appendix IV: Information Charity Must Include in Written Acknowledgment
paragraphs: As shown in table 3, the information charities must include in the written  acknowledgment they send to donors varies depending on the value of the  donated vehicle.
If a charity intends to (1) make a significant intervening use of the vehicle,  (2) make a material improvement to the vehicle, or (3) give or sell the  vehicle to a needy individual, the charity must include additional  information in the acknowledgment in addition to the information  included in table 3. For a significant intervening use, the letter must  include    a statement certifying that the charity intends to make a significant  intervening use of the donated vehicle,    a detailed statement of the intended use,    a detailed statement of the duration of that use, and    a certification that the vehicle will not be sold before completion of the  use.
For a material improvement, the letter must include    a statement that the charity intends to make a material improvement to the    a detailed description of the intended material improvement, and    a certification that the vehicle will not be sold before completion of the  improvement.
For giving or selling a vehicle to a needy individual, the letter must include  a certification that  the charity intends to give or sell the vehicle to a needy individual at a  price significantly below fair market value and  the gift or sale is in direct furtherance of the charity’s charitable purpose  of relieving the poor and distressed or the underprivileged who are in need  of a means of transportation.
section_title: Appendix V: Charity and Donor Filing Requirements
paragraphs: If a donor contributes a qualified vehicle to a charity with a claimed value  of more than $500, the charity must file a Form 1098-C (Contributions of  Motor Vehicles, Boats, and Airplanes) for that vehicle. This form has four  parts:    Copy A which the charity files with IRS;    Copy B which the charity sends to the donor and the donor is to attach it  to his/her tax return;    Copy C which the charity sends to the donor for his/her records; and    Copy D which the charity retains for its records.
Charities can use Copy B as the contemporaneous written  acknowledgment that charities must send to donors. Charities are not to  file Form 1098-C for contributions of qualified vehicles with a claimed  value of not more than $500; however, they may provide the donor with  Copy C as the acknowledgment. Donors must attach Copy B, or a copy of  the acknowledgment if the charity does not use Copy B for this purpose,  to their returns if they are claiming a deduction of more than $500.
In addition, if a charity receives a donated vehicle that has a claimed value  greater than $5,000 and sells or otherwise disposes of the vehicle within 3  years after the donation, the charity must file Form 8282 (Donee  Information Return) within 125 days of the disposition. The charity must  also provide a copy of the filed Form 8282 to the original donor.
Besides filing the acknowledgment, donors must also complete Section A  of Form 8283 (Noncash Charitable Contributions) if the deduction they are  claiming for a donated vehicle is greater than $500, but not more than  $5,000, and attach it to Form 1040 (U.S. Individual Income Tax Return). If  the deduction the donor is claiming is greater than $5,000, he/she must  complete Section B of the Form 8283, which must include the signature of  an authorized official of the charity, and attach it to the return. In addition,  if the deduction is over $5,000 and the deduction is not limited to the gross  proceeds from the sale of the vehicle, the donor must get a written  appraisal of the vehicle. Table 4 lists the donor’s recordkeeping and filing  requirements.
section_title: Appendix VI: Detailed Descriptions of Charities
paragraphs: We profiled 10 charities that operated a vehicle donation program as of  August 2007. Tables 5 through 14 highlight information provided to us in  interviews with charity officials about their vehicle donation programs.
Effects of rule changes reported by charity:    Number and quality of vehicles donated    The total number of donated vehicles has decreased since the rules  changed.
The quality of vehicles has stayed about the same since before the rules  changed. The quality of the vehicles may be related to the  demographics of the state. In one area of the state where this charity  operates, the charity tends to receive higher-quality vehicles because  many of the residents are retirees who are financially comfortable and  able to donate their old vehicles, which are still in good condition,  while donors in less-affluent parts of the state tend to donate vehicles  that need to go straight to salvage yards.
The net revenue from the donated vehicles decreased since the rules  changed.
To increase other revenue-producing activities to offset decreases in  revenue from the vehicle donation program, the charity started to  increase the number of special events, such as tennis and golf  tournaments and fund-raising dinners. In 2006, the charity held over 35  special events, which raised $1.2 million.
The charity decreased the number of staff working for the vehicle  donation program and streamlined the business operations by  consolidating all locations that ran the vehicle donation program in the  state into one office.
The charity uses a scrap recovery company for the vehicles that need  to go to the salvage yard.
Administrative burden increased because of more time-consuming  paperwork.
The IRS guidance and documents have improved since the vehicle  donation rules originally changed and they are now clearer and simpler  to use.
Donors are asking about the same number of questions as before the  rules changed.
Many vehicle auctions that include vehicles donated to charities are  only open to dealers, not the public. Consequently, the cars are not  selling for what they would in a retail market.
Effects of rule changes reported by charity:    Number and quality of vehicles donated     The charity did not experience any change in the number or quality of  vehicles donated even though there are now more programs with  vehicle donations in its geographical area.
The rules changes have not affected donors’ decisions about whether  to donate a vehicle based on what they can claim on their tax returns.
The net revenues from the vehicle donation program have not  decreased.
Business operations    The charity repairs most of the donated vehicles at an auto-repair shop  that it uses to train people in automotive repair. It then sells the  vehicles to the public for $800 to $2,500. The charity operated in the  same manner prior to the rule change.
Administrative burden increased slightly, but officials are able to  handle the increase.
Some donors do not want to provide their Social Security numbers.
The charity informs the donors that if they do not provide their Social  Security numbers, then they cannot claim more than $500 on their tax  returns. It is a burden on the charities to obtain the donors’ Social  Security numbers.
The guidance on the rule changes is better than it was in the past  because it is more user-friendly.
The charity has not noticed any increase in the number of questions  donors ask. Donors do not ask many questions.
Effects of rule changes reported by charity:   Number and quality of vehicles donated    The total number of vehicles donated has decreased from 2006 to 2007.      Some of the decrease in the number of donated vehicles may be  because of the slowing of the economy, which results in fewer people  buying new vehicles.  Vehicle donations often follow the trend in new  vehicle sales.
The charity official said that the quality of those vehicles has increased.
The increase in net revenue from the vehicle donation program is in  part because of the charity’s ability to use one of the exceptions to the  gross proceeds of sale rule.
This charity is a licensed motor vehicle dealer in its state. The charity  operated in the same manner prior to the rule changes.
The charity spends a lot of money on donor mailings and has  experienced an increase in administrative burden because the charity  sends out a donor package with explanations of how the vehicle will be  used and the acknowledgment for the donation and then must also  send the Form 1098-C to the donor. The paperwork has quadrupled but  the charity can handle it, according to the official.
Donors are reluctant to provide their Social Security numbers. To help  deal with this, the charity explains in a letter the need for the donor’s  number in order to claim a deduction for a donated vehicle.
Donors are asking more questions since the change in the rules than  they did before.
The charity official was concerned about the lack of oversight of third- party contractors.
Effects of rule changes reported by charity:    Number and quality of vehicles donated    The number of vehicles donated decreased.    The quality of the vehicles donated has not been an issue since the rule  changes.
The net revenue from donated vehicles has decreased. Revenue from  vehicles decreased more than $3,000,000 in both 2005 and 2006 in  comparison to 2004.
The decline in total charity revenue in 2005 was greater than the  decline in net vehicle donation revenue. This was in part because of a  decrease in bequests.
To offset the decrease in revenue from vehicle donations, the charity  decreased some services, such as the hours of operation for a homeless  shelter from 24 hours per day to the evening hours only. The charity  also was unable to expand existing services or start new services. In  addition, the charity reduced staff, instituted a hiring freeze, and has  not given or has postponed merit pay raises.
An increase in grants and bequests has offset some of the loss from  vehicle donations; however this revenue is often earmarked for certain  activities or programs and may not be used for general program  administration.
The charity operates its own auctions, which it also did prior to the rule  changes.
The number of forms the charity must complete has increased, but the  charity has also become more efficient in using technology to handle  the increase.
Donors are nervous about providing their Social Security numbers for  fear of identity theft. The charity informs the donors that if they do not  provide their Social Security numbers, then they cannot claim more  than $500 on their returns.
The officials did not identify anything in the IRS publications that was  unclear.
The donors do not ask too many questions, mostly doing their own  research before donating a vehicle.
The charity operates its vehicle donation program in-house and does  not share the revenue from the program with a for-profit entity. Thus,  all the revenue from the vehicle donation program is used to further the  charitable purpose. In the officials’ opinion, the donors of vehicles to  charities that operate programs in-house and retain at least 80 percent  of the net proceeds from the sales should be able to claim the fair  market value of their vehicles on their tax returns. IRS could revise its  guidance for the interpretation of the furtherance of charitable  purposes exception to incorporate this concept. The officials have  developed a legislative proposal that incorporates this concept and  presented it to their state’s congressional delegation.
Effects of rule changes reported by charity:    Number and quality of vehicles donated     Although the changes may have had some effects on the number of  vehicles donated, the charity has decreased its efforts to advertise this  program in the past couple of years.
The quality of the vehicles has decreased, and the charity has received  more calls from donors of vehicles that need to go to the salvage yard.
Because the charity raises most of its revenues through other means,  the lost revenue from the vehicle donation program did not have a large  impact.
No changes have been made to the business operations; however, the  charity used to advertise in newspapers and had banners around town.  It no longer uses those methods to advertise.
Recordkeeping and reporting requirements have increased.
IRS publications and guidance were not disseminated in a timely  manner.
Donors are asking more clarifying questions about claiming a  deduction for a donated vehicle, but overall donors are asking about  the same amount of questions since the rules changed as they did  before they changed.
Effects of rule changes reported by charity:    Number and quality of vehicles donated   Initially, the number of vehicles decreased; however, the charity  expects to receive about 330 vehicles in 2007.
The quality of the vehicles has increased since the rules changed. For  example, in 2002 the charity was only able to use about 75 vehicles to  give to low-income families or individuals, but in 2006 it was able to  give about 200 vehicles to low-income families or individuals. Thus,  although the number of donated vehicles increased in 2006, it sold  fewer vehicles, resulting in a decrease in net revenue from donated  vehicles.
The charity did not need to change its revenue-producing activities  because of the program it operates in conjunction with the state.
Business operations    The charity inspects and repairs donated vehicles which are given to  low-income families and individuals. A department in the state that  trains and finds jobs for low-income people pays the charity a flat fee  per vehicle; the department's staff refers selected families or  individuals to receive a vehicle from the charity for $1 after the vehicle  has been repaired. The charity operated in the same manner prior to  the rule change.
The charity sells high-end vehicles on online auction sites because low- income families or individuals may not be able to maintain these  vehicles. Since high-end vehicles tend to have higher upkeep prices, the  charity was concerned that the needy families would not be able to fix  the vehicles if they broke down. This allows the charity to obtain more  revenue than at a wholesale auction, since the general public is bidding  on the vehicle and not just wholesale buyers. The charity uses the  revenue to finance its program.
The amount of paperwork has increased, but the charity has been able  to handle the increase.
The charity has not experienced any reluctance from donors when  requesting Social Security numbers. The charity explains the need for  the numbers in the letter sent to the donors.
Although IRS publications and notices have been generally clear, the  officials were confused about the correct timing for sending the  acknowledgments to the donors, questioning if it was 30 days from  receipt of the vehicle or 30 days from when the charity evaluated the  vehicle.
Donors are asking more questions; however, the charity is now  receiving fewer calls from donors who want to donate vehicles that  need to go to the salvage yard.
Effects of rule changes reported by charity:    Number and quality of vehicles donated     The quantity and quality of vehicles have decreased. The number  decreased because donors are not able to receive fair market value for  their donations.
Even though the number of vehicles donated in 2007 increased  compared to 2006, more of the vehicles need to be sent to salvage  yards.
Net revenue from vehicle donations decreased.     The vehicle donation program contributes only a small part to the  charity’s overall revenue.
Business operations    The charity recently changed its business operations from operating  the program in-house to contracting with a third party. Officials  decided to use a third-party contractor because it was not cost- effective to operate in-house because of the decrease in donated  vehicles.
Administrative burden has increased because it takes time to complete  the Form 1098-C and to prepare the acknowledgments that are sent to  the donors. Furthermore, the charity has to keep track of each sale in  order to provide donors with the required information about the sale of  the vehicle. However, the charity official noted it was able to handle  the increase in paperwork.
Donors were asking more questions about the rule changes in the first  6 months after the change. Now, most people understand the rule  changes.
Effects of rule changes reported by charity:    Number and quality of vehicles donated    The number of vehicles donated decreased.     The quality of donated vehicles has remained constant. However, in  2007, the charity was receiving about $130 more per vehicle because of  an increase in the value of steel and a decrease in fees associated with  the auctioning of vehicles.
Revenue from donated vehicles as a percentage of gross income has  decreased from almost 34 percent in 2003 to less than 19 percent in  2006. Total charity revenues increased because of changes in other  fund-raising activities.
The charity increased other revenue-producing activities, such as  charity walks, golf tournaments, and other special events, to help offset  the revenue losses from decreased vehicle donations.
The reduced revenue from vehicle donations has affected some local  affiliates and led to reductions in staff and some office closures.
The charity changed its marketing for vehicle donations and shifted the  focus more to the Internet. More donations are occurring from online  donors.
There is more competition from other charities; therefore more money  is now being spent on marketing the program.
Because of the increase in the price of steel, the charity now sells a  higher percentage of vehicles at auction instead of sending some to  scrap yards.
Administrative burden has increased, specifically with regard to donors  not wanting to provide Social Security numbers over the telephone.
Based on a survey the charity conducted, donors prefer to provide their  Social Security numbers in writing rather than over the telephone. This  results in more work for staff.
Generally the IRS publications and notices have been clear. Some  affiliates thought the instructions for electronic filing could be made  clearer.
Generally, donors are asking fewer questions about the donation  process than they were right after the rule changes took affect.
More vehicles are sent to auction because the price of steel has  increased, which helps ensure that the charity receives more revenue  per vehicle than if the vehicle was sent to the scrap yard. However,  there are also increased fees associated with auctioning vehicles versus  sending them to scrap yards, so this decreases the profit ratio.
Effects of rule changes reported by charity:    Number and quality of vehicles donated    The charity received fewer donated vehicles. This may be in part  because of the rule changes and in part because of an increase in  competition for the donated vehicles.
The quality of the vehicles has decreased. For example, in 2006 the  charity spent about $156,000 on parts in order to repair donated  vehicles, which is more than it spent in previous years. This may be  because of potential donors selling or trading higher-value vehicles  instead of donating them because they can get more money for the  vehicles.
The revenue from donated vehicles has decreased since the rules  changed.
The charity is licensed as a used car dealer and was also licensed as a  used car dealer prior to the rule changes. The charity sells about 45  percent of donated vehicles at retail prices.
Most of the vehicle donation revenues are from the vehicles sold at a  used car lot. The charity makes repairs to some of these vehicles  before selling them. As a result, some vehicles are eligible for the  material improvement exception, and the donors can claim fair market  value. The other vehicles are sold to a wholesaler or to salvage yards  for the value of the metal.
Administrative burden has increased because of the notification and  filing requirements.
Some donors have not wanted to provide their Social Security  numbers.
The IRS publications and guidance are clear.     The charity received a lot of questions about the changes to the rules in  2005, but now donors are not asking as many questions.
The charity does not have any plans to eliminate the vehicle donation  program. Even though it now receives fewer vehicles and lower-quality  vehicles, it believes that the program is still worth operating. This is in  part because of the flexibility in how the charity can use the revenues  from the vehicle donation program. It uses the revenues from the  vehicle donation program to pay for services that are not covered by  federal grants.
Effects of rule changes reported by charity:    Number and quality of vehicles donated    The number of vehicles donated decreased; however, the quality of the  individual vehicles has increased. The number of vehicles donated that  could be sold to low-income individuals or families has about doubled  since the changes in the rules.
The charity has doubled revenues from the vehicle donation program  since it started operating a used car lot at the end of 2005.
The charity sells vehicles to low-income families for low amounts  generally in the range of $900 to $1,100. Recipients of the vehicles must  be sponsored by a social service agency and live in certain geographic  areas. The charity operated in the same manner prior to the rule  change.
The charity receives a higher dollar figure per vehicle than many of the  other large charities receive because it sets a minimum value on all of  the vehicles sent to wholesale auction. At auction, if a vehicle does not  receive a bid equal to or greater than the minimum, it is not sold and  the charity will try to sell it again at another auction. This ensures that  the sale of the vehicle will bring in more revenue.
The charity began operating a used car lot at the end of 2005.
Administrative burden has increased because of the reporting  requirements.
About 1 in 20 donors do not want to provide their Social Security  numbers.   IRS guidance is fairly clear; however the charity was disappointed by  the lack of publicity for the use of the exceptions to the gross proceeds  of sale rule. Because of this, the charity had to advertise the exceptions  and explain that donors may be able to claim greater deductions if they  donate their vehicles to it rather than to another charity. After this, the  number of donated vehicles began to increase.
The charity receives more questions from donors, mostly relating to  how much can be claimed on donors’ tax returns.