Investment News has a good article titled “The Art of Legacy Planning – 7 Best Practices for Gifting Art to Museums”. In the article they state that high net worth individuals spend an average of 17% of their wealth on art and antiques, a passion investment. Part of managing this investment is planning for the future of the collection. One option is to donate to a non-profit organization such as a museum. To maximize the benefit from a donation these steps are suggested:
1. Create a plan with your client, legal counsel and an independent art adviser that includes the donor’s close family or other heirs as appropriate. Including family and/or heirs in the process can help clarify a donor’s intent, prevent future conflict and actively aid in preserving the donor’s legacy. The plan should include having the artwork professionally appraised by an accredited appraiser with relevant experience in the type of artwork being donated. The appraisal cannot be made earlier than 60 days before the donation. In cases where donors are concerned about whether the IRS may accept a valuation, such as when there are fluctuating markets for similar artwork, an IRS Statement of Value may be obtained for artwork valued at $50,000 or more to provide the donor with certainty.
2. Try to place artwork in museums that have missions and continuing collection interests that strongly align with your clients’ intent and contents of their collection. Clients often will know of strong prospects. But clients focused and passionate about their collection may not recognize how their collection will best fit with a museum’s broader collection, its goals and its limitations in space and other resources.
3. Consider art museum policies and practices for donors and “deaccessioning” (removing items from museum holdings, usually to sell them). Mr. Welch pointed out that “many museums want to retain the ability to improve their collections through the acquisition of better examples. In such a case, a gifted artwork might be deaccessioned and the proceeds used to acquire a superior work. When that happens, the donor’s name of the original gift typically appears in the newly acquired work’s credit line.”
4. Consider museums that are members of monitoring or regulating associations. For example, the Association of Art Museum Directors requires a written policy for “deaccession principles, procedures and processes”. They also require that “funds received from the disposal of a deaccessioned work shall not be used for operations or capital expenses. Such funds, including any earnings and appreciation thereon, may be used only for the acquisition of works in a manner consistent with the museum’s policy on the use of restricted acquisition funds. In order to account properly for their use, AAMD recommends that such funds, including any earnings and appreciation, be tracked separate from other acquisition funds.”
5. Check the health of organizational finances by looking at Form 990 tax filings and/or charity rating agencies like Charity Navigator. One quick test is to look at total assets and total liabilities. Stable charities — like stable businesses — generally have assets exceeding liabilities.
6. Consider supporting museum operating costs as part of a donor’s commitment to their gift of artwork. Financially supporting the museum is another way of helping to preserve a donor’s legacy and a logical step in a client’s charitable, financial and tax planning.
7. As you draft an agreement for the gift, consider including a “statement of intent” that clearly and personally outlines the desires and expectations of the donor for their donation. Sharing this statement with family (and/or other heirs) and the beneficiary museum can help clarify intent, expectations and address any concerns of heirs or the museum. A statement of intent can also clarify donor intent for future generations and may help prevent legal challenges. Donors who bequeath their art collections to museums share an intimate part of their lives. Advisers can help provide guidance that will preserve and protect their client’s wishes, smooth the process and help establish their client’s legacy for the benefit of future generations.
Source: Investment News The first item on the list includes having your artwork professionally appraised by an accredited appraiser. Credentials for qualified personal property appraisers are earned with their professional appraisal societies.
About the Author: Kathi Jablonsky, ISA CAPP is a certified appraiser of personal property designated in Antiques and Residential Contents with the International Society of Appraisers. She is based in Southern California and serves the San Diego and Palm Desert regions.