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Mark
C. Grove, MA, AAA, ASA
Accredited Senior
Appraiser
Personal Property
|
American Society of
Appraisers
The International
Society of Professional Valuers
Home
mark@mgrove.com (434)
964-1403 EST
Email Your Question to Mr. Grove!
If it is a General or Specific Question that Would
Benefit the Public at Large, then it will be Posted to the FAQ List for
All to Read.
~ FAQ ~
(and
questions not frequently asked)
Q: Last December, the Abby Aldrich Rockefeller Folk Art Museum was given
the woodcarving shown in the attachment. It was exhibited here (along with
8 other carvings by the same artist John Doe) in a one-man show in
2001-2003. The donors are trying to get an appraisal done for 2007 tax
deduction purposes. Is it possible you can provide a figure, informally,
verbally, and --- at this point --- without commitment on their part?
Other potential appraisers have suggested, in one case, $5600 and, in
another, a figure in the $6500-$7500 range. The donors had been hoping for
something more substantial. I have to agree with the donors that the above
figures seem low in relation to the piece’s complexity and artistry, its
exhibition history, and the mountain of biographical information they
uncovered on the carver. (Some of this bio is alluded to in the text
attachments, but there’s more here, such as transcribed interviews that
the donors conducted with people who once knew the artist). The sticking
point is that the only two John Doe carvings I know to have sold at
auction went for $518 and $1,495. Are you aware of any others? If you
think you could render an appraisal for a higher figure for IRS tax
deduction purposes, please let me know.
As an accredited member appraiser of both the American Society of
Appraisers and the Appraisers Association of America I cannot utter a
numerical conclusion without the Uniform Standards of Appraisal Practice
being invoked. It would be a violation of the USPAP, ASA, AAA, the
Appraisal Foundation, and the IRS if I even alluded to a conclusion before
the necessary research was concluded in order to substantiate the
valuation. Asking for a conclusion beforehand could be construed by a
fundamentally principled professional appraiser as an attempt to coerce a
desired result. That being said, no, I have no idea what this carving is
worth in the marketplace until I do the research. Any conclusion must be
substantiated. Any IRS donation has the potential for close scrutiny. Any
appraisal assignment has the potential of ending up in Tax Court which is
one step below the U.S. Supreme Court. Any proven overstatement by an
appraiser is a violation that can be punished with a 20% fine and
revocation of the appraiser’s privilege to practice before the
Commissioner.
Every report that I render is researched and written as if it were
scheduled to go before the Court. Conclusions are air-tight and
substantiated with overwhelming evidence in order to satisfy a rational
mind. Donation appraisals assignments are inherently the riskiest of the
various types of professional engagements and therefore they are more
time-consuming and thus more expensive. If your research indicates the
potential for a very low valuation, perhaps the cost of an appraisal
report is not justified. Non-monetary donations under $5k do not require
an appraisal. Maybe that is the best route to travel.
☼
Q: I have donated to more than $500
worth of stuff to charities this year. What form must I use to satisfy the
IRS'?
You'll need to consult with your tax advisor or read
the rules because the rules change with the wind, but at this time it is
IRS Form 8283.
If you donate more than $5000 of non-monetary property you'll also need a
written appraisal report rendered by an accredited member of a major
appraisal society or someone with equivalent credentials.
☼
The following
occurred over the course of several days via email to Mr. Grove from
someone out of the blue. It was such a good question that Mr. Grove passed
on the dialogue to the other professional Members of the Richmond Chapter
of the American Society of Appraisers and to the Regional Governor for the
Chapter. The result was an excellent example of professional networking.
Q: I am a consulting arborist. I sit on the Council of Tree
and Landscape Appraisers, a council of representatives from the "green
industry" that writes guidelines for the appraisal of trees and
landscapes. We are currently working on the 10th edition of our Guide for
Plant Appraisal. The primary thrust of tree appraisal is to treat trees as
personal property, when appropriate, and appraise with a cost approach. A
depreciated replacement cost method is most used. We have the mechanics
down pretty well after nearly a century of progress. The Council is now
trying to get arborists to understand more about the greater world of
appraisals. My question regards the use of premiums. Can we assign
premiums to the appraised property to raise the opinion of value? For
example, I appraise a tree in Mrs. Jone's front yard, and determine a
value based on the usual characteristics. Across the street is an
identical (for purposes of discussion) tree in a city park. The park tree
has local historical significance. Local residents regard it highly. Not
so for Mrs. Jone's tree. If I use the same approach and method to appraise for each
tree, I will get the same result. Yet the park tree would seem to carry a
higher value. I recognize that "value to whom" comes into play, but I'm
not sure how I would factor that in. So back to the question: is there a way to add a
premium for some special significance?
This is an interesting value question, one
that I haven’t been asked before, but not unlike the value attribute of
celebrity.
To illustrate the attribute of celebrity let's use two physically identical cookie jars. One
jar is
offered at auction without provenance. The other is offered at the same
auction house at the same auction sale but with an Andy Warhol provenance
(this scenario really happened!).
The difference in the two hammer prices would be the “celebrity” premium if indeed there is a difference (and we know there would be), if argued
clearly to a reasonable mind. One such example would not be enough to draw
a conclusion. The "premium" will vary between cookie jar forms (e.g.
plain, figural, etc.), between cookie jars and other types of Warhol
properties (e.g. furniture, etc.). With persistence one might eventually
collect enough data to draw a conclusion as to the average percentage
Warhol-anointed properties have; however that percentage would not be
universal. Other celebrities will have a different perceived premium.
Furthermore, each celebrity premium will fluctuate due to market forces
the very same way that the stock market fluctuates, both up and down.
I cannot imagine that the Replacement Value
of a park tree would be anything other than the total cost to buy and
plant a new replacement tree of the same species, age, size, gender, etc.,
including, of course, a continued maintenance policy (watering,
fertilizing, etc.) to assure that the tree survives for a realistic
duration (five years?).
But, if an individual park tree were
associated with and was benefited by a provenance that lent added value,
then one might successfully argue that the tree’s interesting past
provided celebrity (and added value) to the tree, as with the Warhol
cookie jar. Perhaps the subject tree was once attacked by a future
politician or maybe it provided a platform from which was hung a notorious
ruffian. If a tree of such notoriety were damaged or removed, then an
argument might be formulated to suggest added value. Whether the argument
prevails or not is a matter for a Court to decide if there is a dispute. I suspect that the
opposing side would argue that the tree is an element of the real property
upon which it lives, and thus, is in effect real property. Or, it might be
argued that a tree conveys with the real property, as would a major
appliance. I am afraid my mind is much too practical a muscle for me to be
able to stretch it in the manner lawyers extend the
boundaries of reason.
☼
Q: When value is not
equivalent to price or cost, how does an appraiser determine that
difference in value?
Mission: justify the donation value (FMV) of
the one-of-a-kind Petty trophy with comparable one-of-a-kind trophies from
other sports celebrities. If there are no comparable records available for
a specific type of property, then the appraiser can use a similar
category, but there is an inherent weakness when using a substitute
category; the appraiser's argument may be contested. For example, a
Richard Petty trophy, which is one of a kind, for an IRS Fair Market value
(FMV) donation. Substitute comps are necessary due to a
one-of-a-kind-scenario; case attributes: one of a kind and celebrity
ownership. Use substitute comparables: celebrity hockey player trophy,
celebrity jockey trophy, celebrity
Grand Prix racer trophy; all approximately of the same age and
with the same target value as perceived by the appraiser (yes, we often
know what the value is before we prove it with comparables). Take the
average of the sum.
☼
Q: If I understand
you correctly, you are saying that any premium or celebrity value is
outside the purview of the appraiser, and rests solely with those who
ultimately decide the value, such as judge, jury, or in the case of the
cookie jar, the purchaser. Is that fair to say?
Hmmm, yes and no. Usually the appraiser will
be the one who assesses value based on existing comparables using a
rational argument that any reasonable mind will accept, but when an
unreasonable mind (i.e., IRS tax lawyer or a contentious spouse in a
divorce case) is encountered, then the Court makes the ultimate decision
of value by choosing between what the appraisers (from both sides) offer
the Court. The
Court decides, yes, but in effect the prevailing side's argument was based
on what an appraiser concluded.
☼
Q: To follow this a
step further, consider the historic park tree destroyed by vandalism. If
the appraiser cannot add a premium for its special status, can the
appraiser offer or suggest a premium, not as part of the appraisal, but as
additional value beyond the appraisal?
Yes, in a courtroom drama. No, in a report.
In a report only one numerical conclusion is rendered. The conclusion
might include a premium but a USPAP compliant appraisal report can
never have a numerical range. However, a consultation can have a range
of values but a consultation cannot be used for any USPAP valuation
purpose because it will not withstand scrutiny in a Court of Law. A
consultation is tool no more important than a garden trowel would be in
the construction of a bridge.
An Appraisal Report is a legal document equivalent in importance to a
Will.
☼
Q: How does the appraiser determine
or estimate what that amount should be?
By taking the difference
between the ordinary and the extraordinary. All things being equal, if the
difference at auction between the plain cookie jar and the Warhol cookie
jar is a factor of 15, then one would use 15x (the premium) the ordinary
value to yield the donation value (FMV). ….Actually, we would have to use
the retail price of the ordinary jar (not the auction price (FMV))
and compare it to the Warhol jar, assuming that the Warhol jar went to a
retail buyer, which it probably would. Generally, those types of auctions
(for Jackie-O, Warhol, etc., stuff) go directly to the retail buyers.
☼
Q: Is he [the appraiser] actually
qualified to make that suggestion?
Yes. An
appraiser with specialized knowledge would be the most qualified to do so.
According to the recent (AUG 2006) Federal Statute, only "qualified
appraisers" are now permitted to write "qualified appraisals" for tax and
estate purposes as per §170(f)(11) of the Internal Revenue Code, and also
the new § 6695A of the Code regarding substantial or gross valuation
misstatements, as added by § 1219 of the Pension Protection Act of 2006,
Pub. L. No. 109-280, 120 Stat. 780 (2006) (the "PPA"). ....All of this
mumbo-jumbo is called HR-4 in case you want to just speak English to your
friends. In a nutshell, gift and tax appraisals must now be completed by
an appraiser with an earned designation from a major appraisal society,
like AAA or ASA. Those silly letters after an appraiser's name now have
the force of law.
―Mark
C. Grove, AAA, ASA.
>>>Additional info
provided as a result of this dialogue being passed on to Members of the
Richmond Chapter of the American Society of Appraisers and the Regional
Governor. Our Societal Governor responds:
"Thanks for including me in the mailing of your newsletter. I
particularly enjoyed your correspondence about the tree appraisal.
"Adding my
2-cents: Whether or not the tree is to be considered real or personal
property is dependant on the real estate it sits on. If it sits on
commercial real estate it would generally be considered a trade fixture
and personal property. The English common law, on which the distinction
is based, allows for chattels belonging to a commercial enterprise to be
considered personal property. The same tree sitting on residential real
estate would be considered real property.
"One of the first tangible personal property tax appeals I heard in
Miami-Dade County as special magistrate was the parking lot of a train
station. Railroads are considered personal property. The tracks and
stations are considered trade fixtures, and by extension the parking lot
was categorized as personal property." ―Harris
J. Samuels, ASA
Networking is what makes ASA worth all of the
trouble that it is sometimes, especially if you’re trying to run the
accreditation gauntlet.
―Mark
C. Grove, AAA, ASA.
☼
Q: Can you
give them some suggestions on how to get appraisal methods evaluated by
underwriters?
My
wife is skilled in Contemporary Hand Hooked rugs. A few years ago one of
her guild members had several rugs stolen from her car and the insurance
company gave her a replacement value of the value of the wool. She was
devastated. She is highly skilled and the rugs were outstanding in
quality, technique, design, and materials. I had seen some of them at a
show.
My
wife and another skilled “hooker” researched a bit and were surprised to
learn that, unlike quilters, there are few, if any, professional RV hooked
rug appraisers. They developed an appraisal method based on quality of
the wool. (Some artists dye their own wool using very complicated methods)
material, original design with a detailed description of a rug piece; they
carefully review the piece, take several digital pictures, and maintain a
permanent file. They follow USPAP guidelines. Both attended the American
Society of Appraisers in Rhode Island and received a certificate for:
SE100PP: USPAP for Personal Property Appraisers.
They charge a nominal fee and got started among women in their guild.
They have attended some shows/conventions and made presentations. They
have written a few articles. Most people are supportive, but a recent
article in one magazine while confusing RV and Market Value, essentially
tried to make the case for each owner of a hand hooked rug to simply
complete a description of their rug, take some pictures and keep personal
records in case of loss. The article reasoned that insurance companies
will only pay your cost of wool, but maybe if you have a record, they may
pay more.
My
wife recently read where a quilt appraiser backed their appraisal method
by saying: “Our appraisal method is approved by insurance underwriters.”
That raised an immediate question in my wife’s mind. How can she and her
partner find out if their RV appraisal method will pass muster with an
underwriter? I think it is quite thorough, but they don’t really want to
wait until someone has a loss to find out how good it is, and if it will
be respected by insurers. One problem for the Contemporary Hand Hooked
rugs is that most become family treasures and not (as of yet) many are
sold. I have seen many rugs and they range from beginners to highly
skilled and sophisticated that will take your breath away. The ones I
have seen range from a few hundred to several thousand dollars.
Thank you for the inquiry. I
like to solve complicated valuation problems. Please understand that I
cannot speak to issues of insurance, the law, or tax code, only valuation.
Replacement Value (RV) will
usually be what a comparable object sells for in the Client’s relevant
market at the retail level without a discount plus associated expenses,
i.e. freight, handling, tax, etc. However, when there are no comparable
retail sales to support an RV conclusion, then the RV is what it would
cost for the subject property to be replaced with a similar property made
by a person with equal skills using the same quality of materials in the
same manner – Replacement Cost-New. To base an RV solely on the basis of
the cost of materials is an invalid conclusion.
I have no suggestions on
how one can determine what underwriters will support. That is determined
by policy and contests brought before the Courts - usually, probably,
eventually, hopefully. When things get out of whack, so to speak, then
litigation erupts and decisions are made. Rendered judgments establish
industry protocols that are incorporated into guidelines, for the
insurance industry and for the tax code, as I understand it.
Follow the USPAP literally
and what was taught in the Core Courses, and take all four of them. Then
take the 15 hour USPAP test. Appraisal reports are legal documents that
are as important as a Will, and they become historical records over time.
All reports must contain the 17 elements required by the USPAP. And any
report written in a manner that does not stand up to legal scrutiny is a
disaster waiting to happen.
☼
Q: I am writing from
Atlanta. I am going through a divorce and need an appraisal of artwork
created by me during my marriage. The appraisal process is new to me and I
need to know how to proceed and the costs. Do appraisers travel to
assignments in distant cities? Can an appraiser appraise a group of
drawings and paintings? Are unframed images, non-canvas works, and
sketches defined as artwork?
A divorce necessarily requires an appraisal with fair marketable cash
values that are generally low; essentially what a subject property would
sell for at a public auction, which is a fair market. Auctions are where
many art dealers buy their inventory items for resale at the retail level,
their galleries. The assigned appraiser will have to use demonstrated
previous comparable sales of similar artworks in order to justify his
numerical conclusions. So, if the properties that you expect to have
appraised for the settlement have a history of sales, then those
historical sales will be the basis for the appraisal. The historical sales
might well have been only in galleries (retail), and if this is the case,
then the appraiser will have his work cut out in order to figure what the
artwork will sell for at auction (wholesale).
Generally, the appraiser charges for his time and expenses. A partial
advance payment is required before the process begins and the balance is
required to be paid in full before the report is released to the client.
If the assignment is large, then payments may be planned to stagger over
time as time segments are completed, like a lawyer’s retainer. A few
appraisers will travel long distances outside of their normal range.
If you and your wife are now living apart with jointly owned personal
properties now in separate domiciles, then it would be a good idea to have
one appraiser value both residences’ contents in order to simplify the
process. Using one appraiser with one style, one plan, and one impartial
opinion process is preferable. Although if there is contention and the two
lawyers are at each other’s throats, then this may not be possible.
Sometimes the lawyers make things more difficult than things aught to be,
but if the two sides can agree on using one appraiser, everyone is better
off and a great deal of money can be saved. Also, the personal property
will not become an issue in Court because both sides have stipulated that
the appraisal conclusions are not in contention.
Unlike lawyers, appraisers are not advocates. We are much like umpires; we
call ‘em as we see ‘em regardless of the Client’s emotional issues. Our
job is to identify what an object is and then witness that it indeed
exists. In effect we are a third party that acts on behalf of both sides,
i.e. the property owner and the insurance company, or whomever.
Any form of personal property can be assessed by an appraiser although no
single appraiser knows every category of property. When a category is
outside of an appraiser’s expertise, then he must either confer with a
specialist or spend the necessary time to learn the new category.
If you have other questions, please do not hesitate to ask.
☼
Q: I am writing from a law office in
Bozeman, Montana. We are involved in a lawsuit where an antique
appraiser has appraised several antiques by simply looking at pictures or
finding comparables at other antique shops. This is because several
of the items were destroyed or damaged when a gas line was hit and blew up
their home. I am looking for standardized techniques for appraising
and a way to evaluate whether the techniques used to value the items are
acceptable in the industry. Any help you can provide would be appreciated.
There are many shades of gray in the scenario that you’ve described. I
will assume that the Purpose is Replacement Value and the Intended Use is
for an insurance claim. (Capitalized terms have significant meaning to the
appraisal profession.) If the appraiser is accredited then these terms
will have meaning to that individual. He/she will be bound by the USPAP
regulations that promulgate these terms and professional ethics.
Accredited appraisers must use
comparable sales to justify a numerical conclusion.
An experienced appraiser will
know what many objects are worth for the various Purposes (fair market
value, market value, liquidation value, etc.) in different markets (local,
regional, national, etc.) and market levels (yard sale, flea market, local
auction, regional auction, etc.) before discovering comparables. It is
incumbent upon the appraiser to select recent available comps and footnote
those sources (and retain the original source docs in his Work File). The
argument that he makes for the numerical conclusion he renders per subject
property must be based on the comps he selects.
Now, here’s the sticky part: what
if there are no comparable recent sales? Only very old sales? Or no comps
at all? This happens quite often. For the lay appraiser or an older
appraiser (usually a layman) he will be tempted to “wing it”, based solely
on his experience, which might be entirely accurate, but maybe not.
Without readily available comps he may be tempted to use his judgment
instead of discovered comps. He may not even use the internet to find
comps. If he doesn’t use the internet to find relevant comps, then he is
not exercising due diligence and he is unquestionably vulnerable. Many
“old timers” are walking legal disasters waiting to happen. There are a
few in my neck of the woods, too. When they butt heads with an accredited
appraiser in Court, the accredited appraiser usually prevails.
Use of the internet is
mandatory. Via the internet one can use databases specifically
designed to assist appraisers; all it takes is money to subscribe. Below
is an example of what a subject property description should look like:
Item 3
Description: Works on paper, twelve silhouettes
professionally framed, ca.1821, hollow-cut portraits of individuals in
profile, some with embossed labels stating “Peale Museum”,
possibly created by the hand of Moses Williams (1777 - ca.1825).
The images are purported to be of the individuals comprising a wedding
party in Baltimore, Maryland on 3 MAY 1821. An upper center label in
script states: “Wedding Party Mary Ann Tennent and Henry Ross Musser’s
May 3, 1821 Baltimore Maryland”. Contemporary burl veneer wood frame,
archival materials, matted, under glass.
Sight
Dimensions: 16 ⅝” height, 22 ⅝” width
Frame
Dimensions: 25 ⅝” height, 31 ½” width
Provenance:
Descended in the Client’s family.
The silhouettes are purported to be of the individuals comprising a
wedding party in Baltimore, Maryland on May 3, 1821. This is corroborated
by information inserted into the family Bible, see Item #1.
Condition:
Fine / professional housing, archival materials
Comparables: Silhouettes bearing the Peale
Museum embossed label have strong demand in the marketplace, based on my
experience, on recent observations in the relevant market, and on database
comparables.
RV:
$10,000.00 The RV is not what you
could expect to realize should you decide to sell it.

Peale was also a founder of the
Pennsylvania Academy of Fine Arts.
Peale is credited with helping a slave. Of southern
origins, he [Peale] taught a slave a trade, so he could buy his
freedom. Moses Williams learned to create silhouettes, and stayed at the
museum to cut these popular art pieces for many a visitor.” RE:
http://www.coa.edu/print/pressreleases_34.htm.
Refer to the text box, page 5.
www.p4a.com. Retrieved three
comps 3 OCT 05. The professional presentation, the provenance, and the
novelty of having historically interconnected images collectively comprise
approximately 40% of the assessed value.
So, to answer your
question: “Can an appraiser appraise several antiques by simply looking
at a picture?” Yes, if the picture is of a property that has sold and
the sales information (when, where, how, who) accompanies the photo.
Essentially that is what subscription databases provide (www.p4a.com).
Also, “Can an appraiser find
comparables at antique shops?” Yes, he may ask shopkeepers what
objects sell for and reference that source in the respective footnote and
repeat that annotation in the Expert Pool of his report.
Always glad to help allied
professionals. Good luck.
☼
Q: What does a
professional appraisal involve?
A professional
appraisal requires your cooperation and the appraiser's complete attention
to detail in order to attain an accurate valuation of your properties. As
a professional, the appraiser is required to exercise due diligence just
like your attorney, CPA, or investment adviser. To satisfy Trust Officers,
Insurance Underwriters, the Courts, and the IRS, a written report is
mandatory. Reports for these officials consist of a thorough examination
of each object, in-depth market research and analysis of comparable
objects, and the preparation of a final report. In most instances, written
reports include color digital photographs of your properties imbedded
within the text of the report. Appraisers charge by the hour so it is in
your best interest to facilitate the on-site work of the appraiser. To
learn more about how you can help, click on this link — "Preparation by the Property Owner Before the Appraisal."
On average, for every hour spent on-site, two additional hours off site
are needed in order to complete the report. Off site hours consist of
research, analysis, writing, editing, digital photograph manipulation, report collating,
and binding. The result is a printed and bound reference that the client
can keep on file for many years to come.
☼
Q: Why can't you just
tell me what it is worth and be gone?
An appraiser must first
know the Purpose and Intended Use of the appraisal: insurance, sales
advisory, donation, etc. Only then can he advise you to what extent he
must exercise due diligence. For Trust Officers, Insurance Underwriters,
the Courts, and the IRS, reports must conform to the rules of the
profession as required by The Uniform Standards of Professional
Appraisal Practice (USPAP). These reports must be written documents
and they have to be of the highest standard. It would be unethical and
especially risky for an appraiser to provide unconsidered valuations of your
properties if the intended use was official.
However,
there are legitimate intended uses that are not official when due
diligence can be acceptably diminished in order to satisfy the limited and
specific needs of the client; this would usually be for budgetary reasons,
but not always. For example, when a client has an attic or barn full of
miscellaneous junk that needs to be value-triaged. The appraiser can do a
walk-through (no written report) followed by the client who has the job of
writing down the on-the-spot assessments (no numerical conclusions)
uttered by the appraiser: "trash bin, yard sale, flea market, local
auction house, etc."
It is
important to note that not all appraisers are able to perform such a task
because they lack the necessary experience. But it would behoove you to
find an appraiser who is able to because advice should always be sought
before throwing something away. You will likely come out ahead, and if
not, you will have peace of mind if nothing else.
It would be
a shame to learn how much something is worth after you have destroyed it,
wouldn't it?
☼
Q: How do I know that you are qualified?
One of the first questions you should
ask your appraiser is if he or she is a member of a professional society
such as The American Society of Appraisers. Professional societies have
stringent requirements for accrediting their members. Each society has a
different program. The American Society of Appraisers has the most
difficult program and it also is the most prestigious of the appraisal
societies.
Accredited members must complete an educational regimen similar
in difficulty to a Master's degree program. They are tested in appraisal
theory, principles, methodology,
and ethics. The Board of Examiners of The American Society of Appraisers
reviews their written appraisal reports. Members have to pass a Federal
test called the USPAP (yoos-pap). And like many doctors, they are tested
in an area of specialty of their choice, e.g., art or antique furniture,
etc. Furthermore, as with most professions, members are required to
satisfy a continuing educational program mandated by the professional
society. All of this takes a vast amount of time and considerable
resources.
Is it worth
it? Yes. You as the property owner can know automatically that a member
with a designation after their name (ASA) meets the highest standards for
professional appraisal service.
Can't
anyone place initials after their name? No. It is against the law and
perpetrators are prosecuted just as they would be if they claimed to be a
medical doctor. Look for the designation after your appraiser's name. Ask
what it stands for and to which society he or she belongs. Also, look for
the logo of the member's society.
Logos can
only be used by accredited members.
☼
Q: What are the rules
pertaining to charitable non-cash donations?
For non-cash charitable
donations exceeding $500 in total value,
IRS Form 8283 is required to be
included with your tax return. A formal appraisal report written by a
qualified appraiser certified in the Uniform Standards of Professional
Appraisal Practice (USPAP)
is required for non-cash donations of $5,000 or more. The
report is kept on file by the donor if the amount is under $20,000. When
the amount is $20,000 or more, the report is reviewed by an IRS panel of experts. Examination of your
properties by a professional appraiser must be performed not earlier than
60 days prior to the donation date and not later than April 15th of the
filing period. The examining appraiser is required to
sign Form 8283 and may be subject to substantial penalties if the value
conclusion is overstated. For this reason, it is imperative to
secure the services of a professional appraiser educated in valuation
theory, principles, and methodology. Professional appraisers are
identifiers and witnesses, not advocates. They are required to be
impartial and cannot charge on a percentage basis. Refer to
IRS Publications
526
and
561 for the details.
☼
Q: I
am a member of a group of contemporary art quilters who exhibits work in a
gallery where quilts are sold on consignment. The gallery takes a
percentage of the retail price. Each artist is required by the gallery to
provide a price for the work and an insurance value. It is my
understanding that, in the event of loss, insurance value would be the
amount that the artist expects to receive in compensation for the loss.
The question is what is "insurance value" under these circumstances? If,
for example, the artist would receive only 60% of the sale price if the
work were sold by the gallery, what effect does this have on an estimation
of insurance value? Unfortunately, as I am sure you know, artwork is
stolen quite often from galleries.
Insurance Value is more correctly known as Replacement Value. I am not an
insurance agent and I am not an attorney, so I cannot speak with authority
in these matters, but valuation is something that I can talk about.
There is
Fair Market Value (FMV) and Replacement Value (RV), to mention the two
that probably pertain to the issue at hand. FMV would usually be the
expected price an object would bring at auction (a fair market) and RV
would be the value an insurance company would compensate a premium-paying
client that has invoked their replacement policy. An RV represents a high
retail price for a property in the client's relevant market (sometimes the
object dictates the relevant market) and takes into consideration
convenience. The client is not expected to shop around for a low-priced
replacement after a loss; he/she would be expected to buy the first
comparable that suits him/her, hence convenience and high retail. This is
a normal scenario.
My
stream of logic begs the question "Was an insurance policy in effect?" If
so, then the insurance company is to whom one must interact with. You may
wish to engage council and he/she may suggest an appraisal when there is a
loss.
In
your scenario, the RV would be the sticker price which also is the
replacement cost to the gallery by the insurance provider, and
the contracted percent (commission) would then trickle down to the artist,
in my opinion. There probably is a precedent on the books for your
situation that an able lawyer can discover although it will probably be
for paintings, not quilts.
☼
Q:
I have a Shaker work table. What is it worth? People tell me
different amounts.
I understand your frustration. There are
unethical operators in every sector but there also is more to valuing a
property than one might expect. For instance, there can and are several
different values for a single piece, always. The highest value is
Replacement Value (insurance scheduling) and this value takes into
consideration convenience. When a policy holder invokes a policy
(secondary to a fire loss, etc.), he or she can then seek a replacement
comparable to the original property in a brief period of time without the
benefit of shopping around for the lowest price comparable. For this
convenience, the policy holder pays a higher premium based on a higher
priced replacement.
Near the opposite end of the spectrum
is Marketable Cash Value, one of the lowest values that can be assigned.
This would be the price one might expect if one were to sell it in the
marketplace at a low-end auction or in a yard sale. Both values are
proper, ethical, and expected depending on the intended use. So, depending
on what you want, whom you ask, and in which market you are, the valuation
can and is different, always: there is more than one value for any
given property. You said that you just want to know what it is worth.
Ok. In review, there will be a range that it can be worth and this range
can and will be broad. For insurance purposes it might be worth $100.00,
for marketable cash value $40.00, for Fair Market Value $75.00.
What I
think that you want to know is the Fair Market Value for the Shaker work
table and this is what it would likely bring in the most appropriate
market. An appraiser can value it on that basis in a written report.
☼
Q: How do you make
an estimate?
It is not possible to make an
accurate estimate before examining your personal property. Ordinary
assignments for insurance purposes of typically encountered antique
properties, usually require two additional hours for every hour on-site,
plus one to three hours per report for administrative tasks such as creating the various mandatory elements of a professional
appraisal report. If the personal property items are out of the ordinary
or if the report is for donation purposes, more time will be required in
order to satisfy due diligence. It is usually not practical to have just
one property valued unless its value is significant.
☼
Q: Alright, so how
much will it cost?
Appraisers are not allowed to charge by percentage nor charge a fee
contingent upon the sale of a property — this is the law. And it would be
unethical to do so. Appraisers charge by the hour or by the day, the item,
or the assignment, and it is customary to charge for ancillary expenses,
such as travel, accommodations, printing costs, etc. The rate a
professional appraiser charges varies widely depending on what the market
will bear, your locality, and on his experience. Simply put, you should
expect to be charged an amount commensurate with other professions in your
area.
☼
Q: What are the ethical
considerations and parameters for appraisers?
There are many
ethical considerations and parameters for appraisers and most are covered
in the Uniform Standards of Professional Appraisal Practice
(USPAP). Others are universal to all professions in the civilized world or
are simply common sense. A few of the more obvious ones are listed below:
1. Appraisers cannot
charge a fee based on a percentage of the valuation conclusion for
appraisals rendered.
2. Appraisers may
act on behalf of a client in a different capacity, i.e. broker. In this
capacity the appraiser is in fact a consultant and broker, not an
appraiser, and his/her fees can be based on a percentage of the selling
price. In this scenario, a percentage-based fee is in the best interest of
both parties and acts as an incentive to achieve the best return for the
client. Customarily, the buyer or vendor (auction house) of the personal
property also pays the broker a small commission which acts as an
incentive to encourage the broker to steer more items to the vender in the
future. Often it behooves the property owner to seek the assistance of a
knowledgeable consultant in order to achieve a better return.
3. Appraisers acting
on behalf of a client in another capacity, i.e. consultant, agent, etc.,
should be entirely transparent in their actions to prevent
misunderstandings from occurring. Written agreements and/or third party
(the client's attorney or CPA) involvement serve to make apparent the
proposed actions of the consultant on behalf of their client.
4. Appraisers cannot
make valuations based on the client's wishes, needs, or commands. All
value opinions must be based on market comparables.
5. Appraisers cannot
buy any object that he/she has ever appraised and said objects cannot be
bought in his or her interest (exception: when the object is offered for
sale at a public auction).
6. Appraisers cannot
accept personal property items in trade or as a gift from a client for
services rendered to the client.
7. Appraisers are
not expected by the Court to authenticate personal property items. The
official function of the appraiser is to identify objects (describe) and
to witness the existence of properties as an impartial third party on
behalf of the client and the second party (i.e. insurance company). By
definition, the only person that can authenticate any object is the maker
of the object, however there are specialized experts that can authenticate
to the satisfaction of a Court. Museum curators, specialized scholars,
advanced collectors, and sometimes very experienced appraisers can fulfill
this role for specific personal property categories.
8. Appraisers are
not advocates for their clients; attorneys are their advocates. Appraisers
advocate only for their own opinions.
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