• Welcome to the FREE TUGBBS forums! The absolute best place for owners to get help and advice about their timeshares for more than 32 years!

    Join Tens of Thousands of other owners just like you here to get any and all Timeshare questions answered 24 hours a day!
  • TUG started 32 years ago in October 1993 as a group of regular Timeshare owners just like you!

    Read about our 32nd anniversary: Happy 32nd Birthday TUG!
  • TUG has a YouTube Channel to produce weekly short informative videos on popular Timeshare topics!

    All subscribers auto-entered to win all free TUG membership giveaways!

    Visit TUG on Youtube!
  • TUG has now saved timeshare owners more than $24,000,000 dollars just by finding us in time to rescind a new Timeshare purchase! A truly incredible milestone!

    Read more here: TUG saves owners more than $24 Million dollars
  • Wish you could meet up with other TUG members? Well look no further as this annual event has been going on for years in Orlando! How to Attend the TUG January Get-Together!
  • Now through the end of the year you can join or renew your TUG membership at the lowest price ever offered! Learn More!
  • Sign up to get the TUG Newsletter for free!

    Tens of thousands of subscribing owners! A weekly recap of the best Timeshare resort reviews and the most popular topics discussed by owners!
  • Our official "end my sales presentation early" T-shirts are available again! Also come with the option for a free membership extension with purchase to offset the cost!

    All T-shirt options here!
  • A few of the most common links here on the forums for newbies and guests!

How to donate your timeshare

D

drkenrich

The question is often, can you get a tax write off for donating your timeshare. The answer is YES! :cheer:

The first concern is where you live and what taxes you pay. Each country handles donations differently and don't expect anyone here to advise you on your place of residence. Beyond that, there is a LOT MORE to tax credit for donations than most people understand.

First, there are a few things you need to consider.
1. The write off is against your income like an other deduction, not a tax credit.
2. You have to find a non-profit organization (NPO) willing to accept your timeshare.
3. You have to be careful how your timeshare is evaluated.

Let me give you a little background. I work with a NPO that does accept timeshares. So I have a fair idea of what I'm talking about.

When you attempt to donate your timeshare you will often find that the NPO puts you together with a broker who actually sells your timeshare for whatever they can get for it. The NPO doesn't take title except at the very last second in a double closing so you are donating it to them while they are selling it to someone else. When that is done, you face a few hurdles. Some timeshares at some resorts NEVER sell and those will be rejected outright by the NPO. Until the broker sells it you continue to be responsible for all fees. When it is sold, a value is established which can't be argued with. "Your" timeshare was only worth what someone actually paid for it, therefore according to the IRS you can only deduct the amount that was actually received. Even if you have an appraisal, it doesn't matter. Even if the NPO takes title and holds on to the timeshare for awhile, if they do sell it, they are required by law to notify you if the sale price is different than the credit they gave you so you can adjust your future income deductions up or (more likely) down to coincide with the real sale price. If you have a $10,000 timeshare you could get only $1,500 in deduction credit.

The NPO I work with does it differently and you may find some others that do this, also. The NPO takes title now and NEVER sells it. As such they are required by the IRS to find the Fair Market Value (FMV) based on one of three methods dictated by the IRS. 1.) What do the majority of similar timeshares sell for in the open market. Think about this for a moment. The majority are sold by the resort, therefore their sale price along with what you willingly paid for it establishes FMV. 2.) What is the rental income determine as an investment if it was bought for that purpose (doesn't apply here). 3.) What would it cost you to replace the timeshare on the open market. Again, think. You would probably have to go to the resort and pay their retail price. Therefore, if your unit is NOT sold, the FMV can be fairly and legally established as the price close to the retail price currently at the resort. That value is then your deduction. The difference can be literally thousands of dollars difference. This would give you $10,000 in deduction credit. In a 25% tax bracket, that's worth over $2,000 more in your pocket!

One difference between the two (there are variations) is that the first may deduct the costs of closing and commissions from your credit but they don't usually charge you anything else. The second may charge you a fee or ask for an additional donation since they are NOT selling the timeshare. Consider what you get back at tax time to see which gives you more money. Both get you out of your further lifelong financial obligations.

Two questions often arise. 1. How can the NPO take over the financial obligations and continue in business? That is a business trade secret, but I can tell you they often work our something with the resort to retire the unit. 2. Isn't there a $5,000 limit on timeshare donations? NO!! I've read this many, many places EXCEPT from anything from the IRS. Their only response is to review two publications - Pub. 561 Fair Market Value Determination and Pub. 526 Contributions. First of all, the $5,000 limit makes no sense. It's like saying your car isn't worth the same as one on the dealers lot because you can find it cheaper on eBay. Baloney, That's what Kelly's Blue Book is for - everyone and it's based on sales completed, not prices offered. Regardless of the difficulty, you have just as much right to sell at the same price as the resort does and unless you prove otherwise by selling it for less, the IRS says to use at least one of the three methods above to compute FMV.



Signature removed as it provided advertising or self promotion for possible profit.
 
Last edited by a moderator:
Hi! Welcome to the TUG BBS site. We have several top corporate CPAs here who deal in tax issues including those related to T/S donations.

All members here might take your advise with apprehension until they read what the other CPAs ( the ones they have learned to trust....with no contact ME in the 'line')....which I removed.


Unless, of course some of our member IRS tax agents chime in....





The question is often, can you get a tax write off for donating your timeshare. The answer is YES! :cheer:

The first concern is where you live and what taxes you pay. Each country handles donations differently and don't expect anyone here to advise you on your place of residence. Beyond that, there is a LOT MORE to tax credit for donations than most people understand.

First, there are a few things you need to consider.
1. The write off is against your income like an other deduction, not a tax credit.
2. You have to find a non-profit organization (NPO) willing to accept your timeshare.
3. You have to be careful how your timeshare is evaluated.

Let me give you a little background. I work with a NPO that does accept timeshares. So I have a fair idea of what I'm talking about.

When you attempt to donate your timeshare you will often find that the NPO puts you together with a broker who actually sells your timeshare for whatever they can get for it. The NPO doesn't take title except at the very last second in a double closing so you are donating it to them while they are selling it to someone else. When that is done, you face a few hurdles. Some timeshares at some resorts NEVER sell and those will be rejected outright by the NPO. Until the broker sells it you continue to be responsible for all fees. When it is sold, a value is established which can't be argued with. "Your" timeshare was only worth what someone actually paid for it, therefore according to the IRS you can only deduct the amount that was actually received. Even if you have an appraisal, it doesn't matter. Even if the NPO takes title and holds on to the timeshare for awhile, if they do sell it, they are required by law to notify you if the sale price is different than the credit they gave you so you can adjust your future income deductions up or (more likely) down to coincide with the real sale price. If you have a $10,000 timeshare you could get only $1,500 in deduction credit.

The NPO I work with does it differently and you may find some others that do this, also. The NPO takes title now and NEVER sells it. As such they are required by the IRS to find the Fair Market Value (FMV) based on one of three methods dictated by the IRS. 1.) What do the majority of similar timeshares sell for in the open market. Think about this for a moment. The majority are sold by the resort, therefore their sale price along with what you willingly paid for it establishes FMV. 2.) What is the rental income determine as an investment if it was bought for that purpose (doesn't apply here). 3.) What would it cost you to replace the timeshare on the open market. Again, think. You would probably have to go to the resort and pay their retail price. Therefore, if your unit is NOT sold, the FMV can be fairly and legally established as the price close to the retail price currently at the resort. That value is then your deduction. The difference can be literally thousands of dollars difference. This would give you $10,000 in deduction credit. In a 25% tax bracket, that's worth over $2,000 more in your pocket!

One difference between the two (there are variations) is that the first may deduct the costs of closing and commissions from your credit but they don't usually charge you anything else. The second may charge you a fee or ask for an additional donation since they are NOT selling the timeshare. Consider what you get back at tax time to see which gives you more money. Both get you out of your further lifelong financial obligations.

Two questions often arise. 1. How can the NPO take over the financial obligations and continue in business? That is a business trade secret, but I can tell you they often work our something with the resort to retire the unit. 2. Isn't there a $5,000 limit on timeshare donations? NO!! I've read this many, many places EXCEPT from anything from the IRS. Their only response is to review two publications - Pub. 561 Fair Market Value Determination and Pub. 526 Contributions. First of all, the $5,000 limit makes no sense. It's like saying your car isn't worth the same as one on the dealers lot because you can find it cheaper on eBay. Baloney, That's what Kelly's Blue Book is for - everyone and it's based on sales completed, not prices offered. Regardless of the difficulty, you have just as much right to sell at the same price as the resort does and unless you prove otherwise by selling it for less, the IRS says to use at least one of the three methods above to compute FMV.



Signature removed as it provided advertising or self promotion for possible profit.
 
There are a few errors and an omission in your post.

First, sales by the developer don't enter into determining the value that an owner should claim when determining how much to deduct for donating a timeshare. That's because the donor must value the donation based on what a willing buyer and seller would agree to as a price in the marketplace that the donor has access to - the resale market. There's an old IRS revenue ruling that makes that clear.

Second, you imply that the donor is bound - in determining value - by the ultimate sales price of the timeshare. Although that's the law when donating a car, that's simply not true for timeshares. That sales price is only one factor in determining value. As an example, many of the so-called "postcard companies" dump timeshares on ebay for practically nothing. Those same timeshares when sold properly will often fetch much more. Thus, the actual selling price (e.g., on ebay) is not determinative.

Finally, you are correct that there is no $5,000 (or any other) limit on how much one can deduct for donating a timeshare. No one has ever suggested here that there is such a limit. However, what you omitted is that if the claimed deduction exceeds $5,000, the donor must obtain an appraisal of the timeshare performed by a "qualified" appraiser in a manner that meets IRS standards. Otherwise, the donor is not entitled to any deduction.
 
Gee, I thought non-profits had business "trade secrets" like how to get a truckload of disaster relief packed in 3 hours.

And what resort would EVER retire a timeshare unit? And unless the unit is "de-materialized", isn't taking title to the future rights to that real estate a "sale".

Sounds dubious to me at best...
 
Last edited:
Good stuff here. Confirms other info. I've come accross. One question slightly off topic perhaps.

I am co-owner of a week with my mother. Both our names are on the deed. She recently gave me the week and I now want to donate it to charity. I assume I have to get my mother's name removed from the deed for me to take the tax deduction. Is this true?

FYI - I paid the 2007 maintenance fees ($711) plus a special assesment ($497) plus I will be required to pay the 2008 fees by the Charity.
 
If you are the owner, you'll get the tax deduction, regardless of what the current title says. At worst, upon examination by IRS, you would have to show the dated document that proves your mother gave you the timeshare.

Your allowable deduction will be the value - in the resale market - of the timeshare. Those MFs and the SA won't be deductible.
 
If you are the owner, you'll get the tax deduction, regardless of what the current title says. At worst, upon examination by IRS, you would have to show the dated document that proves your mother gave you the timeshare.

Your allowable deduction will be the value - in the resale market - of the timeshare. Those MFs and the SA won't be deductible.

Thanks Dave - I own at Celebrity Orlando so my timeshare is worth essentially nothing in the resale market. Therefore I'll be taking the $5,000 deduction I'm allowed without the appraisal. The charity also told me I can deduct the costs I pay them for administrative fees, closing costs and the transfer fees charged by Celebrity. Does this all sound correct? Can I deduct these fees on top of the $5,000?

I also contacted Celebrity and they are allowing me to take my mother off the deed via mail at no cost. Something for free from Celebrity - amazing.
 
Questioned assumptions...

Re: Dr. Ken Rich statements, as quoted below:

>> The majority are sold by the resort, therefore their sale price along with what you willingly paid for it establishes FMV.<<
=======================================================

Personally, with all due respect, I must openly express my own doubts about the accuracy of this particular statement. While I can't present evidentiary proof, my own belief (based solely upon my own limited knowledge and experience) is that the OVERWHELMING MAJORITY of timeshare sales today are in the resale market --- NOT "by the resort", as you state quoted above.
=======================================================

Re: >> What would it cost you to replace the timeshare on the open market. Again, think. You would probably have to go to the resort and pay their retail price.<<

Nonsense, I respectfully submit. Virtually anything in timeshare today can be readily replaced in the resale market --- and for pennies on the dollar (as compared to the original developer pricing).
=======================================================

Re: >> Therefore, if your unit is NOT sold, the FMV can be fairly and legally established as the price close to the retail price currently at the resort. That value is then your deduction. <<

I really and truly wish that you were right, but I firmly believe that you are dead wrong. With a multitude of other resales (with or without your own individual attempted resale being among them) as a readily available benchmark for resale value, how / why on earth can you expect the IRS to accept the original (larcenous, hallucinatory) developer prices as representing "fair market value" for a resale timeshare? I don't think the IRS is quite that naive. I'm no CPA, and I defer to those who are, but I simply don't buy your reasoning for one moment (...as much as I'd like to). Moreover, since most resorts are sold out and anything / everything available there is now, by definition, a (much lower priced) resale, how could you possibly pretend to use the original, long since obsolete, "old news" developer pricing as a valid benchmark reference for actual fair market value today???

There are savvy CPA's on this forum, and I think I'm going to just be quiet now and sit back, as I suspect someone with appropriate credentials will be weighing in soon here, with more knowledge than I claim to possess.....
 
Last edited:
this thread reminds me that I need to update the donate article in the advice section.
 
There are many misconceptions about what one may or may not do in writing off a charitable contribution.

The IRS has a REQUIREMENT that if a donated asset has a value of $5,000 or more then an certified appraisal must be submitted with the write off or it will be disallowed.

That does not mean you can "claim" $5,000.00 for a donation without an appraisal if the asset is not worth what you are claiming. (like the poster above)

The IRS closed a huge loophole in 2006 on the 'Donate your Car to Charity' schemes around the country. You used to be able to legally donate any junker to charity and get a $5,000.00 write off. I mean you could buy a junker at auction for $100.00 and donate it getting a sweet $5,000 write off.

Not any more the IRS closed the loophole.

You can only write of the book value or if the asset is sold at auction within 1-year of the donation then you are allowed to write off the actual auction sales value.

The misconcpetion is similar to charity auctions. Many people believe that you may write off whatever you pay for an item at a charity auction. WRONG. You are entitled to write off any amount OVER fair market value (not MSRP) as a charitable donation.

NPO's are very sceptical about accepting timeshare weeks or even resort land due to the high holding cost and high cost of marketing and disposal.
 
Last edited by a moderator:
The question is often, can you get a tax write off for donating your timeshare. The answer is YES! :cheer:

The first concern is where you live and what taxes you pay. Each country handles donations differently and don't expect anyone here to advise you on your place of residence. Beyond that, there is a LOT MORE to tax credit for donations than most people understand.

First, there are a few things you need to consider.
1. The write off is against your income like an other deduction, not a tax credit.
2. You have to find a non-profit organization (NPO) willing to accept your timeshare.
3. You have to be careful how your timeshare is evaluated.

Let me give you a little background. I work with a NPO that does accept timeshares. So I have a fair idea of what I'm talking about.

When you attempt to donate your timeshare you will often find that the NPO puts you together with a broker who actually sells your timeshare for whatever they can get for it. The NPO doesn't take title except at the very last second in a double closing so you are donating it to them while they are selling it to someone else. When that is done, you face a few hurdles. Some timeshares at some resorts NEVER sell and those will be rejected outright by the NPO. Until the broker sells it you continue to be responsible for all fees. When it is sold, a value is established which can't be argued with. "Your" timeshare was only worth what someone actually paid for it, therefore according to the IRS you can only deduct the amount that was actually received. Even if you have an appraisal, it doesn't matter. Even if the NPO takes title and holds on to the timeshare for awhile, if they do sell it, they are required by law to notify you if the sale price is different than the credit they gave you so you can adjust your future income deductions up or (more likely) down to coincide with the real sale price. If you have a $10,000 timeshare you could get only $1,500 in deduction credit.

The NPO I work with does it differently and you may find some others that do this, also. The NPO takes title now and NEVER sells it. As such they are required by the IRS to find the Fair Market Value (FMV) based on one of three methods dictated by the IRS. 1.) What do the majority of similar timeshares sell for in the open market. Think about this for a moment. The majority are sold by the resort, therefore their sale price along with what you willingly paid for it establishes FMV. 2.) What is the rental income determine as an investment if it was bought for that purpose (doesn't apply here). 3.) What would it cost you to replace the timeshare on the open market. Again, think. You would probably have to go to the resort and pay their retail price. Therefore, if your unit is NOT sold, the FMV can be fairly and legally established as the price close to the retail price currently at the resort. That value is then your deduction. The difference can be literally thousands of dollars difference. This would give you $10,000 in deduction credit. In a 25% tax bracket, that's worth over $2,000 more in your pocket!

One difference between the two (there are variations) is that the first may deduct the costs of closing and commissions from your credit but they don't usually charge you anything else. The second may charge you a fee or ask for an additional donation since they are NOT selling the timeshare. Consider what you get back at tax time to see which gives you more money. Both get you out of your further lifelong financial obligations.

Two questions often arise. 1. How can the NPO take over the financial obligations and continue in business? That is a business trade secret, but I can tell you they often work our something with the resort to retire the unit. 2. Isn't there a $5,000 limit on timeshare donations? NO!! I've read this many, many places EXCEPT from anything from the IRS. Their only response is to review two publications - Pub. 561 Fair Market Value Determination and Pub. 526 Contributions. First of all, the $5,000 limit makes no sense. It's like saying your car isn't worth the same as one on the dealers lot because you can find it cheaper on eBay. Baloney, That's what Kelly's Blue Book is for - everyone and it's based on sales completed, not prices offered. Regardless of the difficulty, you have just as much right to sell at the same price as the resort does and unless you prove otherwise by selling it for less, the IRS says to use at least one of the three methods above to compute FMV.



Signature removed as it provided advertising or self promotion for possible profit.

:rofl: :rofl: :rofl:


Bruce :D
 
Top