w Make The 10 Smartest Employee Benefits; Marissa Mayer’s Road to Yahoo’s Top Job; How to Vanish Online Grow How to Invest in a Restaurant; Avoiding 2013’s Tax Cliff; The 10 Most Popular Tax Havens live 10 Questions for Your Nanny; The World’s Greatest Hotels; How to Fix a Bad Back (Overseas) curaTor NetJet’s New Beauty Takes Flight; Napa’s Unconventional Cabernets; The Power Suit for Fall ® the evolution of financial intelligence P 100 The 100 MosT Powerful PeoPle in finance 20 worth.com volume 21 | edition 05 Boston, MA Leading Advisor Karla D’Alleva Valas, Vice President and Managing Director, Complex Asset Group I look forward to discussing how to maximize your philanthropic gift. I can be reached at 800.682.4438. MAKE —Karla D’Alleva Valas M Y HO B BIES AR E. . . Any activities with family: watching my children play, laugh, learn and grow By Karla D’Alleva Valas donation involving alternative assets, it is critical to understand overall personal, financial and charitable goals. The key advantages of art donations can be summarized succinctly, and they are essentially the same as those for donating other complex assets: • An immediate tax deduction occurs • Elimination of capital gains tax on the appreciated asset(s) becomes possible • The asset(s) can be removed from the portfolio, for those looking to simplify their estate The basics are simple, but careful consideration of the following questions is warranted. Has the art appreciated in value and what is the current fair market value? What is the cost basis? Is an appraisal required? Will heirs appreciate a gift of art or will they sell immediately, and what are their tax consequences? Perhaps the most important question for determining tax treatment is whether the recipient public charity meets the “related use” rule, which requires that the charity use the donated art in furtherance of the mission that forms the basis of its tax-exempt status. If the art is donated to a public charity that does not use the art in accordance with its stated mission, the donor may be limited to a deduction of the lesser of the cost basis or the fair market value. Some charitable organizations besides museums and art institutions, like hospitals and schools, may be able to use the donated art in their mission and, therefore, a fair market value tax deduction may be available. Most other charities will likely sell the donated art promptly and employ the funds in their core (non-arts-related) mission. Finally, some high net worth individuals may want their art donation to benefit multiple charitable organizations. If they are willing to accept a potentially lower charitable tax deduction, donating the art to a public charity with a donor-advised fund program will allow them to recommend grants to many different charities, with the potential of creating a lasting and diversified charitable legacy. The donation of complex assets, including art, can provide strategic tax-advantaged solutions and other benefits. Many individuals may prefer to keep their liquid assets invested while parting with their illiquid, higher-maintenance holdings. Do not overlook the art in a total wealth portfolio—such assets can be used for other “emotional” pleasures, like giving to charity. Fidelity Charitable is the brand name for Fidelity® Charitable Gift Fund, an independent public charity with a donor-advised fund program. Various Fidelity companies provide services to Fidelity Charitable. 624179.1.0 THE M O ST I NF L U E NTI A L P E R SO N I N M Y L I F E . . . My mother. She set expectations high and instilled a strong work ethic. She is my leading advisor. W HA T I ’M R EADING NO W … Steve Jobs by Walter Isaacson About Karla D’Alleva Valas Karla D’Alleva Valas is a vice president and managing director of the Complex Asset Group for Fidelity Charitable®, a leader in providing charitable solutions to financial advisors and their clients, helping them to achieve their philanthropic goals. Previously, she served as a vice president and chief compliance officer, providing integrated tax and compliance support to Fidelity Charitable® in the tax-exempt, donor-advised fund market. Ms. Valas earned a BA degree in chemistry and sociology from Mount Holyoke College and a JD degree from the New England School of Law. She also earned a master of laws in taxation degree from Boston University School of Law. Professional Experience 15 years I L L U S T R AT I O N B Y N A N C Y J A N U Z Z I The charitable donation of complex assets—meaning privately held, illiquid assets like private stock, limited partnership interests or real estate, among other things—is increasingly popular. And while art may not typically come to mind in terms of a portfolio of such assets, under the right circumstances, a fine art donation to charity can be a viable and attractive option for many investors. According to the Barclays June 2012 Wealth Insights Report, “Profit or Pleasure? Exploring the Motivations Behind Treasure Trends,” high net worth individuals in the U.S. and abroad devote an average of 10 percent of their total net worth to nonfinancial assets like art and collectibles. Art is a “treasure asset”—a personal expression of the owner, with an emotional component attached. As such, many individuals may have trouble parting with a beloved piece (or pieces) of art, and some may wish to donate the art only to an arts charity, like a museum. More and more, however, art and other treasure assets are being employed for charitable giving outside of the arts sector. Donating art to charities without an art mission is of course possible; however, specific rules apply, and as with any charitable FI D E L I TY CHA RI TA B L E ® Art: Should I hold it, bequeath it or donate it? How to reach Karla D’Alleva Valas GROW Fidelity Charitable® LIVE “If the art is donated to a public charity that does not use the art in accordance with its stated mission, the donor may be limited to a deduction of the lesser of the cost basis or the fair market value.” Bar Admissions New York State; Commonwealth of Massachusetts Education LL.M., Taxation, Boston University School of Law; JD, New England School of Law; BA, Mount Holyoke College Email [email protected] Website www.FidelityCharitable.org Fidelity Charitable® Professional Services Provided Ms. D’Alleva Valas works with Fidelity Charitable® donors and their tax, legal, investment and philanthropic advisors to facilitate charitable donations, including donations of non-publicly traded assets with varying levels of complexity. Association Memberships American Bar Association 200 Seaport Boulevard, Boston, MA 02210 800.682.4438 WORTH.COM OCTOBER-NOVEMBER 2012 113 W Karla D’Alleva Valas Vice President and Managing Director Complex Asset Group Fidelity Charitable® 200 Seaport Boulevard Boston, MA 02210 Tel. 800.682.4438 [email protected] www.FidelityCharitable.org REPRINTED FROM ® the evolution of financial intelligence Fidelity Charitable® is featured in Worth® 2012 Leading Wealth Advisors™, a special section in every edition of Worth® magazine. All persons and firms appearing in this section have completed questionnaires, have been vetted by an advisory group following submission by Worth®, and thereafter paid the standard fees to Worth® to be featured in this section. The information contained herein is for informational purposes, and although the list of advisors presented in this section is drawn from sources believed to be reliable and independently reviewed, the accuracy or completeness of this information is not guaranteed. No person or firm listed in this section should be construed as an endorsement by Worth®, and Worth® will not be responsible for the performance, acts or omissions of any such advisor. It should not be assumed that the past performance of any advisors featured in this special section will equal or be an indicator of future performance. Worth®, a Sandow Media publication, is a financial publisher and does not recommend or endorse investment, legal or tax advisors, investment strategies or particular investments. Those seeking specific investment advice should consider a qualified and licensed investment professional. Worth® is a registered trademark of Sandow Media LLC. 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