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Menu What does the Buy-To-Sell Rule mean? The buy-to-sell or trade-to-sell rule is an IRS rule stating that you are allowed to donate the assets used for charity or qualified medical research to the charity or qualified medical research after that charity or qualified medical research has been operational for a period of one year. The exact details of the rule are not stated in the IRS website, but can be found here: It is important to note that the buy-to-sell or trade-to-sell rule only works when the donor sells the assets to the charity or qualified medical research. As long as the charity or qualified medical research is receiving donations, the buy-to-sell or trade-to-sell rule does not apply. There are some exceptions to the rule if the assets were donated by a corporation in the following scenarios: The corporation’s total assets are over $1,000,000 The corporation has been active for over 3 years The corporation has a net worth of over $1,000,000 When a corporation is sold to another corporation, the new corporation is not eligible for a Buy-to-Sell or Trade-to-Sell deduction In summary, when a donor sells their assets to a charity or qualified medical research organization for charity purposes, the donor is allowed to deduct the full fair market value of the donated assets. This includes the seller’s profit and the seller’s donation to the charity. The donor can be reimbursed for the charity’s expenses, however there is no limit on how much the charity can claim. For example, if the charity sells donated assets, it can claim 100% of the net fair market value of the donated assets. However, the donor cannot claim a deduction for the charity’s use of the donated assets for 3 years after the charity is operational. If the charity does not use the donated assets for at least three years after the charity is operational, the charity can claim a 100% deduction for the donated assets. If the charity uses the donated assets for more than 3 years after the charity is operational, then the charity can only claim a 50% deduction.

 

 

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