Giving Compass' Take:
- Khurram Chohan discusses art philanthropy and taxes, outlining a tax strategy for creatives and donors to mutually benefit from art philanthropy.
- How can funders apply this approach to improve the creativeness and thoughtfulness of their art philanthropy?
- Learn more about key issues in arts and culture and how you can help.
- Search our Guide to Good for nonprofits focused on arts and culture in your area.
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Art and charity might seem like two very different things. One is about creative expression, and the other is about giving back. But when used together the right way, art philanthropy can become a powerful tool for saving money on taxes.
The IRS pays close attention to anything that looks like someone is getting something in return for their donation, especially if that something is a valuable work of art.
There’s a legal and smart way to do it. An artist can give someone a personal piece of art as a thank-you for donating without affecting the donor’s tax deduction, demonstrating how to successfully navigate art philanthropy and taxes.
The Key: Keep the Donation and the Gift Separate
This strategy depends on keeping two things separate:
- The donation, which goes to a public charity or nonprofit
- The gift of art, which comes later as a personal, unexpected thank-you
As long as there’s no promise, no pattern and no connection between the donation and the gift, then the IRS sees the donation as tax-deductible. The art is treated as a personal gesture, not as something received in return. Here’s how to do it correctly.
Step 1: Set Up a 501(c)(3) Charity for Art Philanthropy
Create a 501(c)(3) nonprofit, which means it’s approved by the IRS to receive tax-deductible donations.
You can start a nonprofit that focuses on:
- Art education for kids
- Supporting new or emerging artists
- Using art for mental health and therapy
- Creating public art in local communities
Starting a 501(c)(3) takes some work. You’ll need to write bylaws, build a board of directors, define your mission and file the right paperwork with the IRS and your state. There are many rules and regulations to follow, so make sure you are fully versed on the requirements or hire the right team to do it for you.
Once approved, anyone who donates to your nonprofit can write off those donations on their taxes, as long as no goods or services are exchanged.
Read the full article about art philanthropy and taxes by Khurram Chohan at Forbes.