Florida Regulations 34-13.500: Gift Valuation
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In addition to the provisions contained in Florida Statutes § 112.3148(7), a donee shall use the following rules to determine the value of a gift received from a donor:
(1) “”Actual cost to the donor”” as stated in Section 112.3148(7)(a), F.S., means the price paid by the donor which enabled the donor to provide the gift to the donee, excluding taxes and gratuities. Where the donor engages in the business of selling the item or service, other than personal services, that is provided as a gift, the donor’s “”actual cost”” includes the total costs associated with providing the items or services divided by the number of units of goods or services produced.
(2) “”Personal services”” as stated in Section 112.3148(7)(a), F.S., means individual labor or effort performed by one person for the benefit of another.
(3) “”Compensation provided by the donee”” as stated in Section 112.3148(7)(b), F.S., means payment provided by the donee to the donor within 90 days after receipt of the gift. Where the gift received by a donee is a trip and includes payment or provision of the donee’s transportation, lodging, recreational, or entertainment expenses by the donor, the value of the gift is equal to the total value of the various aspects of the trip paid or provided by the donor, and any consideration paid by the donee for the trip should be subtracted from the total value of the trip. Example: Lobbyist X provides reporting individual Y with a trip to New York to see a play. X pays $300 for Y’s round-trip airfare, $50 for Y’s ground transportation, $150 for Y’s hotel room, and $100 for Y’s ticket to the play. In order to accept the trip from X, Y must pay X at least $500, so that the value of the gift from X does not exceed $100.
(4) “”Comparable commercial conveyance”” as stated in Section 112.3148(7)(d), F.S., means a similar mode and class of transportation which is available commercially in the community. Where the donor provides transportation for more than one person in a single conveyance at the same time, each person’s transportation is valued as if such transportation had been provided in a comparable commercial conveyance. Where the gift is transportation in a private airplane, the transportation shall be given the same value as an unrestricted coach fare.
(5) A ticket, entrance fee, or admission fee, such as a golf greens fee, which admits the donee to an event, function, or activity, is valued on the face value of the ticket or fee, or on a daily or per event basis, whichever is greater.
(a) An “”event”” includes a series of related functions happening on consecutive days. If a series of tickets are given at the same time, such as a football season ticket, the value of the gift is the face value of all the tickets combined.
(b) If a fee, fee waiver, or other expense such as a booster contribution, is a condition precedent to buying a ticket or multiple tickets, the value of the ticket includes the amount of that fee, fee waiver, or other expense prorated among the maximum number of tickets that could be purchased. The provisions of this subsection may be illustrated by the following example:
EXAMPLE: Where the State University Athletic Association requires a $500 contribution to its Booster Organization to purchase one set of season tickets in a particular area in the stadium, and where each set of tickets cost $100 for five home games, each ticket would be valued at $120.
(c) Where a ticket to an event involves seating in a skybox, the actual annual cost of leasing the skybox is included in the value of the ticket to the event. The annual cost of the lease shall be divided by the number of persons which can be seated in the skybox, and further divided by either:
1. The number of events held annually at the stadium, if known; or
2. The number of events held during the preceding year. The provisions of this subsection may be illustrated by the following example:
Example: Where the cost of leasing a skybox at a football stadium is $10,000 annually, where the skybox can seat 10 persons, where the stadium hosts five football games each year, and where a ticket to an event in the stadium costs $20, the value of a ticket for seating in the skybox for the event is $10,000 divided by 10 seats, divided by 5 games, plus $20 per ticket, or $220 per person.
(d) The value of a ticket to a charitable event where a portion of the proceeds go to charity is the value expressed on the face of the ticket.
(e) A ticket where no value is expressed on the face of the ticket should be valued on a daily or per event basis, whichever is greater, i.e., the cost of admission to persons with similar tickets, regardless of the cost to the donor.
(6) “”Per occurrence”” as stated in Section 112.3148(7)(i), F.S., means each separate occasion in which a donor gives a gift to a donee. The provisions of this subsection may be illustrated by the following example:
Example: If X Airport Authority gives Reporting Individual B (“”B””) a parking pass enabling B to park at the airport free of charge, each occasion B uses the pass she has received a gift. If she parks there for one day, she has received one gift; if she parks there for three consecutive days each month for twelve months, she has received twelve separate gifts.
(7) Where the donor is required to pay additional expenses as a condition precedent to being eligible to purchase or provide the gift, and where the expenses are for the primary benefit of the donor, or where the expenses are of a charitable nature, such expenses will not be included in determining the value of a gift provided to a donee. The provisions of this subsection may be illustrated by the following example:
Example: Lobbyist G (“”G””), who lobbies the agency of Reporting Individual Q (“”Q””), is a member at a country club and is required to pay an annual membership fee of $1,000 to the country club. Where G takes Q to play a round of golf at the country club, the cost of G’s annual membership is a condition precedent to G being a member of the country club and is primarily for G’s benefit. Thus, the $1,000 annual membership fee is not included in the cost of the round of golf G provided to Q.
(8) Food and beverages consumed at a single sitting or meal are a single gift and are valued together.
(9) The value of a gift of an admission ticket shall not include that portion of the cost which represents a charitable contribution, if the gift is provided by the charitable organization benefiting from the contribution.
(10) The value of a gift provided to several individuals may be attributed on a pro rata basis among all of the individuals. If the gift is food, beverage, entertainment, or similar items, provided at a function for more than 10 people, the value of the gift to each individual shall be the total value of the items provided divided by the number of persons invited to the function, unless the items are purchased on a per person basis, in which case the value of the gift to each person is the per person cost.
Rulemaking Authority 112.322(9)(b) FS. Law Implemented 112.312, 112.3148 FS. History-New 4-16-92, Amended 7-5-92, 2-27-95, 7-30-00, 10-7-04, 1-11-16.
Terms Used In Florida Regulations 34-13.500
- Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
- Donee: The recipient of a gift.
- Donor: The person who makes a gift.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
(2) “”Personal services”” as stated in Section 112.3148(7)(a), F.S., means individual labor or effort performed by one person for the benefit of another.
(3) “”Compensation provided by the donee”” as stated in Section 112.3148(7)(b), F.S., means payment provided by the donee to the donor within 90 days after receipt of the gift. Where the gift received by a donee is a trip and includes payment or provision of the donee’s transportation, lodging, recreational, or entertainment expenses by the donor, the value of the gift is equal to the total value of the various aspects of the trip paid or provided by the donor, and any consideration paid by the donee for the trip should be subtracted from the total value of the trip. Example: Lobbyist X provides reporting individual Y with a trip to New York to see a play. X pays $300 for Y’s round-trip airfare, $50 for Y’s ground transportation, $150 for Y’s hotel room, and $100 for Y’s ticket to the play. In order to accept the trip from X, Y must pay X at least $500, so that the value of the gift from X does not exceed $100.
(4) “”Comparable commercial conveyance”” as stated in Section 112.3148(7)(d), F.S., means a similar mode and class of transportation which is available commercially in the community. Where the donor provides transportation for more than one person in a single conveyance at the same time, each person’s transportation is valued as if such transportation had been provided in a comparable commercial conveyance. Where the gift is transportation in a private airplane, the transportation shall be given the same value as an unrestricted coach fare.
(5) A ticket, entrance fee, or admission fee, such as a golf greens fee, which admits the donee to an event, function, or activity, is valued on the face value of the ticket or fee, or on a daily or per event basis, whichever is greater.
(a) An “”event”” includes a series of related functions happening on consecutive days. If a series of tickets are given at the same time, such as a football season ticket, the value of the gift is the face value of all the tickets combined.
(b) If a fee, fee waiver, or other expense such as a booster contribution, is a condition precedent to buying a ticket or multiple tickets, the value of the ticket includes the amount of that fee, fee waiver, or other expense prorated among the maximum number of tickets that could be purchased. The provisions of this subsection may be illustrated by the following example:
EXAMPLE: Where the State University Athletic Association requires a $500 contribution to its Booster Organization to purchase one set of season tickets in a particular area in the stadium, and where each set of tickets cost $100 for five home games, each ticket would be valued at $120.
(c) Where a ticket to an event involves seating in a skybox, the actual annual cost of leasing the skybox is included in the value of the ticket to the event. The annual cost of the lease shall be divided by the number of persons which can be seated in the skybox, and further divided by either:
1. The number of events held annually at the stadium, if known; or
2. The number of events held during the preceding year. The provisions of this subsection may be illustrated by the following example:
Example: Where the cost of leasing a skybox at a football stadium is $10,000 annually, where the skybox can seat 10 persons, where the stadium hosts five football games each year, and where a ticket to an event in the stadium costs $20, the value of a ticket for seating in the skybox for the event is $10,000 divided by 10 seats, divided by 5 games, plus $20 per ticket, or $220 per person.
(d) The value of a ticket to a charitable event where a portion of the proceeds go to charity is the value expressed on the face of the ticket.
(e) A ticket where no value is expressed on the face of the ticket should be valued on a daily or per event basis, whichever is greater, i.e., the cost of admission to persons with similar tickets, regardless of the cost to the donor.
(6) “”Per occurrence”” as stated in Section 112.3148(7)(i), F.S., means each separate occasion in which a donor gives a gift to a donee. The provisions of this subsection may be illustrated by the following example:
Example: If X Airport Authority gives Reporting Individual B (“”B””) a parking pass enabling B to park at the airport free of charge, each occasion B uses the pass she has received a gift. If she parks there for one day, she has received one gift; if she parks there for three consecutive days each month for twelve months, she has received twelve separate gifts.
(7) Where the donor is required to pay additional expenses as a condition precedent to being eligible to purchase or provide the gift, and where the expenses are for the primary benefit of the donor, or where the expenses are of a charitable nature, such expenses will not be included in determining the value of a gift provided to a donee. The provisions of this subsection may be illustrated by the following example:
Example: Lobbyist G (“”G””), who lobbies the agency of Reporting Individual Q (“”Q””), is a member at a country club and is required to pay an annual membership fee of $1,000 to the country club. Where G takes Q to play a round of golf at the country club, the cost of G’s annual membership is a condition precedent to G being a member of the country club and is primarily for G’s benefit. Thus, the $1,000 annual membership fee is not included in the cost of the round of golf G provided to Q.
(8) Food and beverages consumed at a single sitting or meal are a single gift and are valued together.
(9) The value of a gift of an admission ticket shall not include that portion of the cost which represents a charitable contribution, if the gift is provided by the charitable organization benefiting from the contribution.
(10) The value of a gift provided to several individuals may be attributed on a pro rata basis among all of the individuals. If the gift is food, beverage, entertainment, or similar items, provided at a function for more than 10 people, the value of the gift to each individual shall be the total value of the items provided divided by the number of persons invited to the function, unless the items are purchased on a per person basis, in which case the value of the gift to each person is the per person cost.
Rulemaking Authority 112.322(9)(b) FS. Law Implemented 112.312, 112.3148 FS. History-New 4-16-92, Amended 7-5-92, 2-27-95, 7-30-00, 10-7-04, 1-11-16.