"Ordinary income property. Ordinary income property
is property that would result in ordinary income or
short-term capital gain if it were sold at its FMV on the
date it was contributed. Examples of ordinary income
property are inventory, works of art created by the donor,
and capital assets held for 1 year or less. The deduction
for a gift of ordinary income property is limited to the FMV
minus the amount that would be ordinary income or
short-term capital gain if the property were sold." From the IRS instructions for the charitable donation form.
If the junk hauler sold the old couch instead of donating it, they would have "ordinary income" equal to what they sold it for, which would be its fair market value (FMV).
According to this clause from the IRS instructions, they could deduct as a charitable donation the FMV of the couch they donated, but they would have to reduce the donation by the amount that would be ordinary income if it were sold -- which equals the FMV. FMV minus FMV equals zero.
Therefore they cannot legally take a donation deduction from their taxes for donating the junk you paid them to haul off.
Their CPA will explain that to them about six months from now.....
While it's admirable that they donate the usable stuff instead of hauling it to a landfill, it is not right for them to take a charitable donation for doing so. And their expenses to haul it to the charity are already business deductions for other reasons, so they can't deduct that as a charitable donation either.
Time to build a bigger bridge.
Edited 1 time(s). Last edit at 08/21/2014 06:06AM by dspeakes.