What Is Form 8282: Donee Information Return (Sale, Exchange or Disposition of Donated Property)?
Form 8282: Donee Information Return (Sale, Exchange or Disposition of Donated Property) is an IRS tax form used by donor organizations to report the sale or disposition of charitable deduction property—other than money and publicly traded securities—to both the IRS and to donors. Form 8282 is used by both the original organization and the successor organizations that received a piece of property (if the property is disposed of within three years of the original donation).
- Original and successor organizations that received a piece of property use Form 8282 if the property is disposed of within three years of the original donation.
- A donor organization is subject to a penalty if it neglects to file Form 8282 within 15 days of a donation, if it fails to include all necessary information on the filed form, or if the information provided on the form is inaccurate.
- There are two occasions when an organization does not need to file Form 8282.
Who Can File Form 8282: Donee Information Return (Sale, Exchange or Disposition of Donated Property)?
Original donee and successor donee organizations must file Form 8282 if they sell, exchange, consume, or dispose of charitable deduction property (or any portion) within three years after the date the original donee received the property. The original donee is the first donee to or for which the donor gave the property. The successor donee is any donee of property other than the original donee.
The IRS considers charitable deduction property to be any donated property (with the exception of money and publicly traded securities) donated by the donor to one or more donee organizations if the claimed value exceeds $5,000 per item (or group of similar items).
The original donee is also required to sign Form 8283, Noncash Charitable Contributions, Section B Donated Property Over $5,000 (Except Certain Publicly Traded Securities), presented by the donor for charitable deduction property.
Exceptions for Form 8282: Donee Information Return (Sale, Exchange or Disposition of Donated Property)
There are two occasions when an organization does not need to file Form 8282. The first occurs when the item being donated has an appraised value of less than $500. However, there is sometimes confusion about how to treat items that constitute a set, and whether they should be treated individually or collectively.
For example, an organization is donating four place settings of fine china with the same pattern. Each individual place setting has an appraised value of $300. So, given that the value of a place setting is below $500, does the donee have to provide a Form 8282 to the successive organization? The answer is yes. As the place settings have the same pattern and are being donated to the same recipient, they are considered a set, or one item with an appraised value of $1,200. Similarly, all shares of non-publicly traded stock are considered to be one item.
The second exception to filing a Form 8282 is if the donated items are disposed of or distributed in fulfilling an organization’s purpose as a tax-exempt entity. Examples include school supplies distributed by an education-related charity or medical supplies provided by a tax-exempt relief organization for disaster victims.
Form 8282 is available on the IRS website.
How to File Form 8282: Donee Information Return
The original organization that received the property (the original donee) must provide Form 8282 to the successor organization that is now receiving the property (the successor donee). The original donee must complete Identifying Information, Part I (lines 1a-1d and, if applicable, lines 2a-2d), and Part III. The successor donee must complete Identifying Information, Part I, Part II, and Part III.
A copy of Form 8283, which was signed by the donor at the time of the donation to the original organization, must also be provided within 15 days of the disposition. The successor organization must provide the original organization with a document outlining the date the transfer of property was received, and the original donor must be provided with a copy of Form 8282.
You should mail Form 8282 to this address: Department of Treasury, Internal Revenue Service Center, Ogden, UT 84201-0027.
A donor organization is subject to a penalty if it neglects to file Form 8282 within 15 days of a donation, if it fails to include all necessary information on the filed form, or if the information provided on the form is inaccurate. The penalty in these instances is generally $50 per form. Any donor organization that fraudulently identifies the exempt use of tangible personal property that was sold, exchanged, or otherwise disposed of is subject to a $10,000 fine.
If an organization sells or disposes of property in the form of a motor vehicle, boat, or airplane, it should refer to IRS Publication 526 for more information.