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8899                                                  Notice of Income From                                                                 OMB No. 1545-1962
Form
                                                          Donated Intellectual Property
(Rev. March 2009)
Department of the Treasury                                                                                                                       Give a Copy to Donor
Internal Revenue Service
                             Name of charitable organization (donee)                                                               Employer identification number

       Print                 Address (number, street, and room or suite no.) (or P.O. box no. if mail is not delivered to the street address)
        or
       Type                  City or town, state, and ZIP code


                                                                                                                              b Identifying number
1a Name of donor



 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                                          , 20            .


                                                                                            Who Must File
Instructions for Form 8899
                                                                                            Every donee organization described in section 170(c) (except
Section references are to the Internal Revenue Code unless
                                                                                            a private foundation as defined in section 509(a) that is not
otherwise noted.
                                                                                            described in section 170(b)(1)(F)) that received a charitable
Purpose of Form                                                                             gift of qualified intellectual property for which the donor
                                                                                            provided notice as discussed above, must file Form 8899 if
A taxpayer who contributes qualified intellectual property
                                                                                            the property produces net income for the year. If the
(defined on page 2) to a charity may be entitled to a
                                                                                            qualified intellectual property fails to produce net income for
charitable deduction, in addition to any initial deduction
                                                                                            the donee’s tax year, the donee is not required to file Form
allowed in the year of contribution, based on a specified
                                                                                            8899.
percentage of the qualified donee income (defined on page
2) received by the donee with respect to the qualified
                                                                                            When and Where To File
intellectual property. Any additional charitable deductions
attributable to qualified donee income may be allowed in the                                The donee is required to file Form 8899 with the IRS and
year of the contribution or in subsequent years, subject to                                 provide a copy of the form to the donor by the last day of
the limitations described in the definition of qualified donee                              the first full month following the close of the donee’s tax
income.                                                                                     year.
   To qualify for the additional charitable deduction, the donor                              Donees that were required to submit an information return
must provide notice to the donee at the time of the                                         before Form 8899 was available should see Temporary
contribution that the donor intends to treat the contribution                               Regulations section 1.6050L-2T(c)(2) for requirements on
as a qualified intellectual property contribution for purposes                              reporting to the donor and Temporary Regulations section
of sections 170(m) and 6050L.                                                               1.6050L-2T(d)(2)(ii) for filing requirements with the IRS. Send
                                                                                            Form 8899 to the Department of the Treasury, Internal
   Form 8899 is used by a donee to report net income from
                                                                                            Revenue Service, Ogden, UT 84201-0027.
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                                        Penalty
income, but only if all or part of that tax year occurs during
the 10-year period beginning on the date of the contribution                                The organization may be subject to a penalty if it fails to file
and that tax year does not begin after the expiration of the                                Form 8899 by the due date; fails to include all of the
legal life of the donated property.                                                         information required to be shown on this form; or fails to
                                                                                            include correct information on this form. For additional
Note. Donors should see Pub. 526, Charitable Contributions,
                                                                                            information, see sections 6721 through 6724.
to figure the amount of the additional charitable deduction.


                                                                               Cat. No. 37707M                                                         8899
                                                                                                                                                Form          (Rev. 3-2009)
2
Form 8899 (Rev. 3-2009)                                                                                                       Page

Definitions                                                         Paperwork Reduction Act Notice. We ask for the
                                                                    information on this form to carry out the Internal Revenue
Identifying number. The identifying number for individual
                                                                    laws of the United States. You are required to give us the
donors is the social security number. For other donors,
                                                                    information. We need it to ensure that you are complying
including corporations, partnerships, and estates, the              with these laws and to allow us to figure and collect the right
identifying number is the employer identification number. To        amount of tax.
obtain the donor’s identifying number, you may request that
                                                                       You are not required to provide the information requested
the donor complete Form W-9, Request for Taxpayer                   on a form that is subject to the Paperwork Reduction Act
Identification Number and Certification.                            unless the form displays a valid OMB control number. Books
                                                                    or records relating to a form or its instructions must be
Qualified intellectual property. Qualified intellectual property
                                                                    retained as long as their contents may become material in
is generally any patent, copyright, trademark, trade name,
                                                                    the administration of any Internal Revenue law. Generally, tax
trade secret, know-how, software or similar property, or
                                                                    returns and return information are confidential, as required by
applications or registrations of such property (other than          section 6103.
property contributed to or for the use of a private foundation
                                                                       The time needed to complete and file this form will vary
as defined in section 509(a) that is not described in section       depending on individual circumstances. The estimated
170(b)(1)(F)). See Exceptions below.                                average time is:
  Exceptions. The following property is not considered              Recordkeeping                                      3 hr., 20 min.
qualified intellectual property for purposes of the additional      Learning about the law                              1 hr., 0 min.
charitable deduction.
                                                                    Preparing and sending
1. Computer software that is readily available for purchase by      the form to the IRS                                 1 hr., 5 min.
   the general public, is subject to a nonexclusive license,
                                                                       If you have comments concerning the accuracy of this time
   and has not been substantially modified.
                                                                    estimate or suggestions for making this form simpler, we
2. A copyright held by a taxpayer:                                  would be happy to hear from you. You can write to the
   a. Whose personal efforts created the property, or               Internal Revenue Service, Tax Products Coordinating
                                                                    Committee, SE:W:CAR:MP:T:T:SP, 1111 Constitution Ave.
   b. In whose hands the basis of the property is determined,
                                                                    NW, IR-6526, Washington, DC 20224. Do not send this form
       for purposes of determining gain from a sale or
                                                                    to this address. Instead, see When and Where To File on
       exchange, in whole or in part by reference to the basis
                                                                    page 1.
       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.

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Form 8899 Notification of Income from Donated Intellectual Property

  • 1. 8899 Notice of Income From OMB No. 1545-1962 Form Donated Intellectual Property (Rev. March 2009) Department of the Treasury Give a Copy to Donor Internal Revenue Service Name of charitable organization (donee) Employer identification number Print Address (number, street, and room or suite no.) (or P.O. box no. if mail is not delivered to the street address) or Type City or town, state, and ZIP code b Identifying number 1a Name of donor 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 , 20 . Who Must File Instructions for Form 8899 Every donee organization described in section 170(c) (except Section references are to the Internal Revenue Code unless a private foundation as defined in section 509(a) that is not otherwise noted. described in section 170(b)(1)(F)) that received a charitable Purpose of Form gift of qualified intellectual property for which the donor provided notice as discussed above, must file Form 8899 if A taxpayer who contributes qualified intellectual property the property produces net income for the year. If the (defined on page 2) to a charity may be entitled to a qualified intellectual property fails to produce net income for charitable deduction, in addition to any initial deduction the donee’s tax year, the donee is not required to file Form allowed in the year of contribution, based on a specified 8899. percentage of the qualified donee income (defined on page 2) received by the donee with respect to the qualified When and Where To File intellectual property. Any additional charitable deductions attributable to qualified donee income may be allowed in the The donee is required to file Form 8899 with the IRS and year of the contribution or in subsequent years, subject to provide a copy of the form to the donor by the last day of the limitations described in the definition of qualified donee the first full month following the close of the donee’s tax income. year. To qualify for the additional charitable deduction, the donor Donees that were required to submit an information return must provide notice to the donee at the time of the before Form 8899 was available should see Temporary contribution that the donor intends to treat the contribution Regulations section 1.6050L-2T(c)(2) for requirements on as a qualified intellectual property contribution for purposes reporting to the donor and Temporary Regulations section of sections 170(m) and 6050L. 1.6050L-2T(d)(2)(ii) for filing requirements with the IRS. Send Form 8899 to the Department of the Treasury, Internal Form 8899 is used by a donee to report net income from Revenue Service, Ogden, UT 84201-0027. 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 Penalty income, but only if all or part of that tax year occurs during the 10-year period beginning on the date of the contribution The organization may be subject to a penalty if it fails to file and that tax year does not begin after the expiration of the Form 8899 by the due date; fails to include all of the legal life of the donated property. information required to be shown on this form; or fails to include correct information on this form. For additional Note. Donors should see Pub. 526, Charitable Contributions, information, see sections 6721 through 6724. to figure the amount of the additional charitable deduction. Cat. No. 37707M 8899 Form (Rev. 3-2009)
  • 2. 2 Form 8899 (Rev. 3-2009) Page Definitions Paperwork Reduction Act Notice. We ask for the information on this form to carry out the Internal Revenue Identifying number. The identifying number for individual laws of the United States. You are required to give us the donors is the social security number. For other donors, information. We need it to ensure that you are complying including corporations, partnerships, and estates, the with these laws and to allow us to figure and collect the right identifying number is the employer identification number. To amount of tax. obtain the donor’s identifying number, you may request that You are not required to provide the information requested the donor complete Form W-9, Request for Taxpayer on a form that is subject to the Paperwork Reduction Act Identification Number and Certification. unless the form displays a valid OMB control number. Books or records relating to a form or its instructions must be Qualified intellectual property. Qualified intellectual property retained as long as their contents may become material in is generally any patent, copyright, trademark, trade name, the administration of any Internal Revenue law. Generally, tax trade secret, know-how, software or similar property, or returns and return information are confidential, as required by applications or registrations of such property (other than section 6103. property contributed to or for the use of a private foundation The time needed to complete and file this form will vary as defined in section 509(a) that is not described in section depending on individual circumstances. The estimated 170(b)(1)(F)). See Exceptions below. average time is: Exceptions. The following property is not considered Recordkeeping 3 hr., 20 min. qualified intellectual property for purposes of the additional Learning about the law 1 hr., 0 min. charitable deduction. Preparing and sending 1. Computer software that is readily available for purchase by the form to the IRS 1 hr., 5 min. the general public, is subject to a nonexclusive license, If you have comments concerning the accuracy of this time and has not been substantially modified. estimate or suggestions for making this form simpler, we 2. A copyright held by a taxpayer: would be happy to hear from you. You can write to the a. Whose personal efforts created the property, or Internal Revenue Service, Tax Products Coordinating Committee, SE:W:CAR:MP:T:T:SP, 1111 Constitution Ave. b. In whose hands the basis of the property is determined, NW, IR-6526, Washington, DC 20224. Do not send this form for purposes of determining gain from a sale or to this address. Instead, see When and Where To File on exchange, in whole or in part by reference to the basis page 1. 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.