On
Nonprofits ©
February 2005
WHAT COUNTS, WHAT DOESN’T
WHEN DETERMINING FAIR MARKET VALUE
Q: How is the deductible
portion of a ticket to a fund raising event determined?
For instance, at a luncheon, is it merely the
cost for the food and beverages served or should
other event expenses be included, which would
result in a smaller deduction for attendees?
A:
This question has plagued fund raisers for years,
especially since the IRS publication on charitable
contributions fails to directly answer this question
either in its descriptive passages or its examples.
However, an IRS agent helped me clarify this.
Fair market value does not hinge on the organization’s
expenses, but rather on the “value of the
benefit received.” This means that the fair
market value may exceed the cost of food and beverages
but conceivably be less than the organization’s
total cost per person in putting on the event.
Let
me give you an example. You hope to attract 200
people to the luncheon you referenced above. You
have negotiated food and beverage costs at $40
per person including tax and gratuities, a savings
of $10 per person off the hotel’s normal
rate. You are offering free valet parking compliments
of the hotel – a $10 value. You have also
solicited favors for everyone which retail at
$25 each. The room rental is $1500, the invitations
work out to $4 per person, and decorations add
another $1000 to the total. The cost to the organization
of putting on this event is $56.50 per person:
$40 per person for food, $16.50 per person for
the room rental, invitations and decorations,
nothing for the parking and favors which are both
donated.
In
determining the fair market value of the event
you would not include the room rental, invitations
or decorations because these are not benefits
to the individuals, but rather costs to the organization
of doing business in this way. However, because
the meal, parking and favors are benefits they
should be included in the calculation of fair
market value, even though the parking and favors
are donated. Think of it this way, people are
being asked to pay a ticket price equivalent to
what they would normally pay if they went out
for the evening on their own, where they would
pay full price for the meal, parking and take-home
treat. In our example, the true price of the meal
plus parking and favor totals $85. If the organization
is charging $100 for the afternoon the allowable
deduction is just $15, not $43.50 as would be
the case if basing fair market value on the organization’s
costs.
One
note of caution: Be sure to specify the fair market
value of the event when you promote it. Merely
saying something like, “deductible to the
full extent of the law” is not sufficient.
The IRS considers the cost of the event to be
its fair market value unless that figure is broken
out of the total cost.