Instructions – Schedule D
Income – Gifts
Reminders
• Gifts from a single source are subject to a $440 limit
during 2014. See Reference Pamphlet, page 10.
•
Codelers– you only need to report gifts from
reportable sources.
Gift Tracking Mobile Application
• FPPC has created a gift tracking app for mobile devices
thathelpslerstrackgiftsandprovidesaquickand
easy way to upload the information to the Form 700.
VisitFPPC’swebsitetodownloadtheapp.
FPPC Form 700 (2014/2015)
FPPC Advice Email: advice@fppc.ca.gov
FPPC Toll-Free Helpline: 866/275-3772 www.fppc.ca.gov
Instrucons – 15
A gift is anything of value for which you have not provided
equal or greater consideration to the donor. A gift is
reportableifitsfairmarketvalueis$50ormore.Inaddition,
multiple gifts totaling $50 or more received during the
reporting period from a single source must be reported.
Itistheacceptanceofagift,nottheultimateusetowhichitis
put, that imposes your reporting obligation. Except as noted
below, you must report a gift even if you never used it or if you
gave it away to another person.
Iftheexactamountofagiftisunknown,youmustmakea
goodfaithestimateoftheitem’sfairmarketvalue.Listing
thevalueofagiftas“over$50”or“valueunknown”isnot
adequatedisclosure.Inaddition,ifyoureceivedagiftthrough
an intermediary, you must disclose the name, address, and
business activity of both the donor and the intermediary.
You
mayindicateanintermediaryeitherinthe“source”eld
afterthenameorinthe“comments”sectionatthebottom
of Schedule D.
Commonly reportable gifts include:
•
Tickets/passestosportingorentertainmentevents
• Tickets/passestoamusementparks
• Parkingpassesnotusedforofcialagencybusiness
• Food, beverages, and accommodations, including those
provided in direct connection with your attendance at a
convention, conference, meeting, social event, meal, or like
gathering
•
Rebates/discountsnotmadeintheregularcourseof
businesstomembersofthepublicwithoutregardtoofcial
status
•
Weddinggifts(SeeReferencePamphlet,page16)
• Anhonorariumreceivedpriortoassumingofce(Youmay
report an honorarium as income on Schedule C, rather
than as a gift on Schedule D, if you provided services of
equal or greater value than the payment received. See
Reference Pamphlet, page 10, regarding your ability to
receivefuturehonoraria.)
• Transportationandlodging(SeeScheduleE.)
• Forgiveness of a loan received by you
You are not required to disclose:
• Gifts that were not used and that, within 30 days after
receipt, were returned to the donor or delivered to a
charitableorganizationorgovernmentagencywithout
being claimed by you as a charitable contribution for tax
purposes
• Gifts from your spouse or registered domestic partner,
child, parent, grandparent, grandchild, brother, sister, and
certainotherfamlymembers(SeeRegulation18942fora
completelist.).Theexceptiondoesnotapplyifthedonor
was acting as an agent or intermediary for a reportable
source who was the true donor.
• Gifts of similar value exchanged between you and an
individual, other than a lobbyist registered to lobby your
state agency, on holidays, birthdays, or similar occasions
• Gifts of informational material provided to assist you in the
performanceofyourofcialduties(e.g.,books,pamphlets,
reports,calendars,periodicals,oreducationalseminars)
• Amonetarybequestorinheritance(However,inherited
investments or real property may be reportable on other
schedules.)
•
Personalizedplaquesortrophieswithanindividualvalueof
less than $250
• Campaign contributions
•
Uptotwotickets,foryourownuse,toattendafundraiser
for a campaign committee or candidate, or to a fundraiser
foranorganizationexemptfromtaxationunderSection
501(c)(3)oftheInternalRevenueCode.Theticketmust
bereceivedfromtheorganizationorcommitteeholdingthe
fundraiser.
• Gifts given to members of your immediate family if the
source has an established relationship with the family
member and there is no evidence to suggest the donor had
apurposetoinuenceyou.(SeeRegulation18943.)
• Freeadmission,food,andnominalitems(suchasapen,
pencil,mousepad,notepadorsimilaritem)availableto
allattendees,attheeventatwhichtheofcialmakesa
speech(asdenedinRegulation18950(b)(2)),solongas
theadmissionisprovidedbythepersonwhoorganizesthe
event.
•
Anyotherpaymentnotidentiedabove,thatwould
otherwisemeetthedenitionofgift,wherethepaymentis
made by an individual who is not a lobbyist registered to
lobbytheofcial’sstateagency,whereitisclearthatthe
gift was made because of an existing personal or business
relationshipunrelatedtotheofcial’spositionandthere
is no evidence whatsoever at the time the gift is made to
suggestthedonorhadapurposetoinuenceyou.
To Complete Schedule D:
• Disclosethefullname(notanacronym),address,and,ifa
business entity, the business activity of the source.
•
Providethedate(month,day,andyear)ofreceipt,and
disclose the fair market value and description of the gift.