Page:United States Statutes at Large Volume 120.djvu/1109

 120 STAT. 1078 26 USC 170.

VerDate 14-DEC-2004

10:20 Jul 12, 2007

PUBLIC LAW 109–280—AUG. 17, 2006

(2) DISPOSITIONS AFTER CLOSE OF TAXABLE YEAR.—Section 170(e) is amended by adding at the end the following new paragraph: ‘‘(7) RECAPTURE OF DEDUCTION ON CERTAIN DISPOSITIONS OF EXEMPT USE PROPERTY.— ‘‘(A) IN GENERAL.—In the case of an applicable disposition of applicable property, there shall be included in the income of the donor of such property for the taxable year of such donor in which the applicable disposition occurs an amount equal to the excess (if any) of— ‘‘(i) the amount of the deduction allowed to the donor under this section with respect to such property, over ‘‘(ii) the donor’s basis in such property at the time such property was contributed. ‘‘(B) APPLICABLE DISPOSITION.—For purposes of this paragraph, the term ‘applicable disposition’ means any sale, exchange, or other disposition by the donee of applicable property— ‘‘(i) after the last day of the taxable year of the donor in which such property was contributed, and ‘‘(ii) before the last day of the 3-year period beginning on the date of the contribution of such property, unless the donee makes a certification in accordance with subparagraph (D). ‘‘(C) APPLICABLE PROPERTY.—For purposes of this paragraph, the term ‘applicable property’ means charitable deduction property (as defined in section 6050L(a)(2)(A))— ‘‘(i) which is tangible personal property the use of which is identified by the donee as related to the purpose or function constituting the basis of the donee’s exemption under section 501, and ‘‘(ii) for which a deduction in excess of the donor’s basis is allowed. ‘‘(D) CERTIFICATION.—A certification meets the requirements of this subparagraph if it is a written statement which is signed under penalty of perjury by an officer of the donee organization and— ‘‘(i) which— ‘‘(I) certifies that the use of the property by the donee was related to the purpose or function constituting the basis for the donee’s exemption under section 501, and ‘‘(II) describes how the property was used and how such use furthered such purpose or function, or ‘‘(ii) which— ‘‘(I) states the intended use of the property by the donee at the time of the contribution, and ‘‘(II) certifies that such intended use has become impossible or infeasible to implement.’’. (b) REPORTING REQUIREMENTS.—Paragraph (1) of section 6050L(a) (relating to returns relating to certain dispositions of donated property) is amended— (1) by striking ‘‘2 years’’ and inserting ‘‘3 years’’, and

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