Art Marketing Action
Alyson's Weekly Steps for Taking Charge of Your Art Career
 Know the Law before Donating

November 7 2005

The holidays are coming up and many of you are or will be inundated with requests to donate your artwork to a good cause. Seems like a good time to remind U.S. artists: When you donate one of your artworks to any nonprofit, you are not allowed to deduct the fair market value under tax code.


Nicole Strasburg, Coastal Drive. Oil on birch panel, 
36 x 48 inches.  © The Artist

http://www.nicolestrasburg.com

No one said life was fair, and this is proof.

If someone purchased your work and THEY donate it to a nonprofit for whatever purpose (auction, museum collection, gift), THEY would be allowed to take a fair market value deduction. YOU cannot. You, the artist, are only allowed to deduct the cost of the materials.

There are bills pending in both the U.S. House and the Senate to allow such a deduction for artists donating to art-related nonprofits for their own use (to further their mission--e.g. museum collections). As I understand it, they do not allow deduction for donation to other charitable organizations for fundraising purposes. It's a start.

In the meantime, there are still good reasons to donate your work to favorite causes. Just know what you're getting into.


KNOW THIS There are plenty of nonprofits who will ask you for donations throughout your career.
THINK ABOUT THIS The onus is on you to understand how donating artwork might affect you.
DO THIS Take five minutes to send an email to your Representative and Senators, asking them to cosponsor this legislation. Americans for the Arts has an online system for you to do just that with the click of a button. They even have the text and will match your zip code with your Congresspersons. Visit Americans for the Arts / Arts Action Center



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Copyright © 2005 Alyson B. Stanfield. All rights reserved. 

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