The Most Recent GAO Investigations Into
Fraudulent Durable Goods and Vehicle Donations to
Charity
There are many events that encourage the IRS to act and chief
among them is people taking advantage of charity deductions. In
the case of durable goods or non-cash donations to charity,
reports issued in late 2003 found that over half a billion
dollars was slipping through the IRS's proverbial fingertips.
In an effort to stem this revenue hemorrhaging, new rules took
effect in 2005, largely due to just a single scathing report
from the US General Accounting Office (GAO) in late 2003.
Of course, this report was the first of its kind to actually
focus exclusively on automobile and vehicle donations to
charity. And what it found shocked the IRS and the Senate
Finance Committee that it was delivered to. Indeed, an
immediate response was garnered from the IRS to publicly concur
with the recommendations of the report that called for rule
changes and greater oversight of vehicle donations to
charity.
It is interesting to note the timing of this report was just a
year after an influential and scathing article on this very
topic appeared in the Washington Post. Though the increased
prevalence of ads cajoling people to donate their car to
charity certainly merited inspection by someone. Whether an
employee of the GAO saw this, or a constituent of one of the
Senators on the Finance Committee is unknown.
Regardless, the report, entitled, “Vehicle Donations:
Benefits to Charities and Donors, but Limited Program
Oversight, found some glaring problems with the system of
automotive donations to charity, even when taxpayers followed
the letter of the law when determining their allowable
deduction.
For instance, the average deductible represented only between
1-5% of the actual monies accepted by the charity in most
cases. The rest of this money was lost by selling the vehicle
as quickly as possible on the wholesale market, often taking in
less than 10% of the automobile's value according to even
conservative estimates by valuation services such as the Kelly
Blue Book.
Of course, part of the confusion arises from the generally
unsatisfactory condition of many donations - a condition
that was found to be exacerbated by offers of free towing of
any vehicle with a free and clear title. In fact, most donation
organizations (whether operating as a profitable business or
non-profit charity) will tow cars as a matter of course,
whether they run or not. In contrast, the Kelly Blue Book
rating of "poor" still requires the car to move under its own
power.
The very prevalent use of third-party donation organizations
that represented various charity organizations (sometimes
several) caused a great deal of concern, too. It was found that
on average, between 60-70% of the relatively paltry revenues
from wholesale market sales was then eaten up by the overhead
of the facilitating organization that was operated as a
for-profit business enterprise over 95% of the time.
Even more disconcerting, many of these third party
organizations were found to be engaging in fraudulent or at
least shoddy bookkeeping - often lumping all their
expenses for a given sale into a single unlikely category.
Sometimes, it was found that in many cases the charity that
some such companies represented wasn't even legitimate, making
the practice of taking a deduction from such a gift to charity
technically illegal.
That said, despite the large number of advertisements found on
TV, radio and websites, less than a single percent of tax
returns filed in 2000 included a vehicle donation to charity.
Of course, in a country as large as the United States, that
still means that over 700,000 tax returns had itemized
deductions for vehicle donations to charity By claiming the
“fair market value†of the cars in question rather than the
actual sale price, just about each and every one of the nearly
three-quarters of a million returns deducted a value that was,
on average, 90% higher than the actual revenues received at
auction.
It comes as no surprise to anyone that the IRS acted the very
next year, especially given the betrayal of public trust that
predatory for-profit enterprises represented when invoking the
name of charity to solicit donations from unsuspecting
Americans who were just trying to do the right thing.
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