interest, that contributions of easements would be made only to donees
restrictions, and that the easements would be transferable by the donees
Donations mortis causa, being in the form of a will, need not be accepted by the
donee during the donor's lifetime.
Indeed, gifting to groups that are not qualified donees has been identified as one of the key non-compliance issues revealed by the Political Activities audits undertaken over the past three years pursuant to the direction included in the 2012 Federal Budget.
As well, a specific provision of the ITA defines charitable purposes as including "disbursement of funds to a qualified donee".
(b) Upon the death of the
donee, to the extent that the
donee's estate is insufficient to satisfy the claims of creditors of the
donee's estate, property subject to a general power of appointment that was created by someone other than the
donee and that was exercisable by the
donee's will is subject to those claims and expenses to the same extent that it would be subject to those claims and expenses if the property had been owned by the
donees.
Because the
donees received only an assignee interest, they lacked the ability to withdraw their capital accounts, to sell, assign, ortrans-fer their partnership interests to third parties, or to encumber or dispose of the interests without the written consent of all the partners.
If she could keep only $400,000, and make gifts of $160,000 each to ten other single individuals within her family, and if the tax regime of option 2 were in place, she would pay tax on only $400,000 (which would be a tax of $118,597.75), while the ten
donees would each have incomes of $160,000 each (on which the tax would be $38,778.25).
For contributions of property other than money, the taxpayer is generally required to maintain a receipt from the
donee organization showing the name of the
donee, the date and location of the contribution, and a description of the property, including the value of it.
To the extent that the implications of the various factors may be understood by the
donee and by potential challengers, needless litigation may be avoided.
Thus, a married couple can transfer gift tax free up to $24,000 (in 2006) per year of money or other property, multiplied by an unlimited number of
donees. In the example above, the donor and spouse together could give up to $192,000 annually on a gift tax-free basis.
In about 42% of tax returns with a Form 1098-C, Contributions of Motor Vehicles, Boats, and Airplanes, the IRS did not have on file a copy of the form from the
donee, or the value of the donation claimed did not match the IRS's records.