Federal Notice of Income from Donated Intellectual Property
Extracted from PDF file 2016-federal-form-8899.pdf, last modified August 2009
Notice of Income from Donated Intellectual PropertyForm 8899 Notice of Income From Donated Intellectual Property (Rev. August 2013) OMB No. 1545-1962 Give a Copy to Donor Department of the Treasury ▶ Information about Form 8899 and instructions is at www.irs.gov/form8899. Internal Revenue Service Name of charitable organization (donee) Employer identification number Print or Type Address (number, street, and room or suite no.) (or P.O. box no. if mail is not delivered to the street address) City or town, state, and ZIP code 1a Name of donor b Identifying number c Address (number, street, and room or suite no.) (or P.O. box no. if mail is not delivered to the street address) d City or town, state, and ZIP code 2a Description of qualified intellectual property and patent number, if applicable b Date of charitable contribution c Date of notice to treat as qualified intellectual property 3a Qualified donee income (see the definition on page 2) $ b Tax year of donee for which income listed in line 3a is reported. Check only one box: Calendar year 20 . Fiscal year beginning , 20 , and ending Instructions for Form 8899 Section references are to the Internal Revenue Code unless otherwise noted. Phone Help If you have questions and/or need help completing this form, please call 1-877-829-5500. This toll-free telephone service is available Monday through Friday. Purpose of Form A taxpayer who contributes qualified intellectual property (defined on page 2) to a charity may be entitled to a charitable deduction, in addition to any initial deduction allowed in the year of contribution, based on a specified percentage of the qualified donee income (defined on page 2) received by the donee with respect to the qualified intellectual property. Any additional charitable deductions attributable to qualified donee income may be allowed in the year of the contribution or in subsequent years, subject to the limitations described in the definition of qualified donee income. To qualify for the additional charitable deduction, the donor must provide notice to the donee at the time of the contribution that the donor intends to treat the contribution as a qualified intellectual property contribution for purposes of sections 170(m) and 6050L. Form 8899 is used by a donee to report net income from qualified intellectual property to the donor of the property and to the IRS. This form must be filed for each tax year of the donee in which the donated property produces net income, but only if all or part of that tax year occurs during the 10-year period Cat. No. 37707M , 20 . beginning on the date of the contribution and that tax year does not begin after the expiration of the legal life of the donated property. Note. Donors should see Pub. 526, Charitable Contributions, to figure the amount of the additional charitable deduction. Who Must File Every donee organization described in section 170(c) (except a private foundation as defined in section 509(a) that is not described in section 170(b)(1)(F)) that received a charitable gift of qualified intellectual property for which the donor provided notice as discussed above, must file Form 8899 if the property produces net income for the year. If the qualified intellectual property fails to produce net income for the donee’s tax year, the donee is not required to file Form 8899. When and Where To File The donee is required to file Form 8899 with the IRS and provide a copy of the form to the donor by the last day of the first full month following the close of the donee’s tax year. Send Form 8899 to: Department of the Treasury Internal Revenue Service Ogden, UT 84201-0027 Penalty The organization may be subject to a penalty if it fails to file Form 8899 by the due date; fails to include all of the information required to be shown on this form; or fails to include correct information on this form. For additional information, see sections 6721 through 6724. Form 8899 (Rev. 8-2013) Form 8899 (Rev. 8-2013) Definitions Identifying number. The identifying number for individual donors is the social security number. For other donors, including corporations, partnerships, and estates, the identifying number is the employer identification number. To obtain the donor’s identifying number, you may request that the donor complete Form W-9, Request for Taxpayer Identification Number and Certification. Qualified intellectual property. Qualified intellectual property is generally any patent, copyright, trademark, trade name, trade secret, know-how, software or similar property, or applications or registrations of such property (other than property contributed to or for the use of a private foundation as defined in section 509(a) that is not described in section 170(b)(1)(F)). See Exceptions below. Exceptions. The following property is not considered qualified intellectual property for purposes of the additional charitable deduction. 1. Computer software that is readily available for purchase by the general public, is subject to a nonexclusive license, and has not been substantially modified. 2. A copyright held by a taxpayer: a. Whose personal efforts created the property, or b. In whose hands the basis of the property is determined, for purposes of determining gain from a sale or exchange, in whole or in part by reference to the basis of the property in the hands of a taxpayer whose personal efforts created the property. Qualified donee income. Qualified donee income is any net income received or accrued by the donee that is properly allocable to the qualified intellectual property for the tax year of the donee which ends within or with the tax year of the donor. Income is not treated as allocated to qualified intellectual property if it is received or accrued after the earlier of the expiration of the legal life of the qualified intellectual property, or the 10-year period beginning with the date of the contribution. Page 2 Paperwork Reduction Act Notice. We ask for the information on this form to carry out the Internal Revenue laws of the United States. You are required to give us the information. We need it to ensure that you are complying with these laws and to allow us to figure and collect the right amount of tax. You are not required to provide the information requested on a form that is subject to the Paperwork Reduction Act unless the form displays a valid OMB control number. Books or records relating to a form or its instructions must be retained as long as their contents may become material in the administration of any Internal Revenue law. Generally, tax returns and return information are confidential, as required by section 6103. The time needed to complete and file this form will vary depending on individual circumstances. The estimated average time is: Recordkeeping . . . . . . . . . 3 hr., 20 min. Learning about the law . . . . . . . . . . . 1 hr., 0 min. Preparing and sending the form to the IRS . . . . . . . . . . 1 hr., 5 min. If you have comments concerning the accuracy of this time estimate or suggestions for making this form simpler, we would be happy to hear from you. You can send your comments to: Tax Forms and Publications Division Internal Revenue Service 1111 Constitution Ave. NW, IR-6526 Washington, DC 20224 Do not send this form to this address. Instead, see When and Where To File.
Form 8899 (Rev. August 2013)
More about the Federal Form 8899 Other TY 2016
We last updated the Notice of Income from Donated Intellectual Property in May 2017, so this is the latest version of Form 8899, fully updated for tax year 2016. You can download or print current or past-year PDFs of Form 8899 directly from TaxFormFinder. You can print other Federal tax forms here.
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The Internal Revenue Service usually releases income tax forms for the current tax year between October and January, although changes to some forms can come even later. We last updated Federal Form 8899 from the Internal Revenue Service in May 2017.
Historical Past-Year Versions of Federal Form 8899
We have a total of five past-year versions of Form 8899 in the TaxFormFinder archives, including for the previous tax year. Download past year versions of this tax form as PDFs here:
Form 8899 (Rev. August 2013)
Form 8899 (Rev. August 2013)
Form 8899 (Rev. August 2013)
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