• About
    • Mission
    • Team
    • Boards
    • Mentions & Testimonials
    • Institutional Recognition
    • Annual Reports
    • Current & Past Sponsors
    • Contact Us
  • Resources
    • Article Collection
    • Podcast: Art in Brief
    • AML and the Art Market
    • AI and Art Authentication
    • Newsletter
      • Subscribe
      • Archives
      • In Brief
    • Art Law Library
    • Movies
    • Nazi-looted Art Restitution Database
    • Global Network
      • Courses and Programs
      • Artists’ Assistance
      • Bar Associations
      • Legal Sources
      • Law Firms
      • Student Societies
      • Research Institutions
    • Additional resources
      • The “Interview” Project
  • Events
    • Worldwide Calendar
    • Our Events
      • All Events
      • Annual Conferences
        • 2026 Art Law Conference
        • 2025 Art Law Conference
        • 2024 Art Law Conference
        • 2023 Art Law Conference
        • 2022 Art Law Conference
        • 2015 Art Law Conference
  • Programs
    • Visual Artists’ Legal Clinics
      • Art & Copyright Law Clinic
      • Artist-Dealer Relationships Clinic
      • Artist Legacy and Estate Planning Clinic
      • Visual Artists’ Immigration Clinic
    • Summer School
      • 2026
      • 2025
    • Internship and Fellowship
    • Judith Bresler Fellowship
  • Case Law Database
  • Log in
  • Become a Member
  • Donate
  • Log in
  • Become a Member
  • Donate
Center for Art Law
  • About
    About
    • Mission
    • Team
    • Boards
    • Mentions & Testimonials
    • Institutional Recognition
    • Annual Reports
    • Current & Past Sponsors
    • Contact Us
  • Resources
    Resources
    • Article Collection
    • Podcast: Art in Brief
    • AML and the Art Market
    • AI and Art Authentication
    • Newsletter
      Newsletter
      • Subscribe
      • Archives
      • In Brief
    • Art Law Library
    • Movies
    • Nazi-looted Art Restitution Database
    • Global Network
      Global Network
      • Courses and Programs
      • Artists’ Assistance
      • Bar Associations
      • Legal Sources
      • Law Firms
      • Student Societies
      • Research Institutions
    • Additional resources
      Additional resources
      • The “Interview” Project
  • Events
    Events
    • Worldwide Calendar
    • Our Events
      Our Events
      • All Events
      • Annual Conferences
        Annual Conferences
        • 2026 Art Law Conference
        • 2025 Art Law Conference
        • 2024 Art Law Conference
        • 2023 Art Law Conference
        • 2022 Art Law Conference
        • 2015 Art Law Conference
  • Programs
    Programs
    • Visual Artists’ Legal Clinics
      Visual Artists’ Legal Clinics
      • Art & Copyright Law Clinic
      • Artist-Dealer Relationships Clinic
      • Artist Legacy and Estate Planning Clinic
      • Visual Artists’ Immigration Clinic
    • Summer School
      Summer School
      • 2026
      • 2025
    • Internship and Fellowship
    • Judith Bresler Fellowship
  • Case Law Database
Home image/svg+xml 2021 Timothée Giet Art law image/svg+xml 2021 Timothée Giet Getting over Cash: A Guide to Noncash Charitable Donations
Back

Getting over Cash: A Guide to Noncash Charitable Donations

December 15, 2025

cold hard cash cool ideas smooth navigating copy

By Kamée Payton

Charitable donations are integral to sustaining and expanding nonprofits, arts organizations, and cultural heritage institutions. With government funding decreasing and operational costs increasing, philanthropic giving is essential, now more than ever.[1] Since the current administration took office, one-third of museums nationwide have lost government grants and contracts.[2] These losses have set off a domino effect of difficult decisions, including laying off staff, cancelling public programming, and delaying maintenance and repairs.[3]Many art museums are also still recovering from financial losses incurred during the Covid-19 Pandemic.

According to Elizabeth Merritt writing for the American Alliance of Museums, on average, 30% of museums’ incomes comes from charitable gifts, with 67% of gifts being from individual donors and 33% from foundations.[4] Many institutions already rely on philanthropic gifts for one-third of their funding and now must absorb the losses of government funding. Accordingly, these institutions are looking for new ways to encourage giving. Noncash (and non-art) donations may be the solution.

Noncash Donations

Cold Hard Cash Or Not Center for Art Law 12 15 25

When considering how to support a nonprofit, donors typically think of cash contributions such as bills (banknotes) placed in a donation box, a check or a bequest in a will or trust. However, donations do not have to be cash. The United States Internal Revenue Service (IRS) recognizes the giving of assets such as art, intellectual property, cryptocurrency, or stock as “noncash charitable contributions.”[5] While noncash donations may seem untraditional, they are becoming increasingly common, and many major arts organizations now offer such options. The Metropolitan Museum of Art accepts donations of cryptocurrency, the Museum of Modern Art New York City accepts appreciated securities, and the Philadelphia Museum of Art accepts donations of real estate. All three, along with others like the Guggenheim, accept donations of stocks.

Mutual Benefits

There are significant tax benefits to donating appreciated securities and stocks, making these gifts particularly advantageous, not only to the donee (the receiver of the gift), but also to the donor (the one giving). Donors who gift appreciated property may benefit from an income tax deduction. These gifts may qualify as an itemized deduction, based on the donor’s adjusted taxable income, or may qualify for a deduction equal to the fair market value (FMV) of the asset. According to the IRS the FMV is, “the price a willing, knowledgeable buyer would pay a willing, knowledgeable seller when neither has to buy or sell.”[6]

Donors of appreciated stocks also avoid long-term federal capital gains tax (a tax that arises upon the disposal of an asset that has increased in value) which can be as high as 20%.[7] For example, if an investor wishes to sell their shares in a certain stock and donate the money to an art museum, and over several years the original investment of $5,000 has grown to $5,800, then the investor would be subject to capital gains tax once the shares were sold. However, if the shares were instead transferred to the museum, the capital gains tax would be eliminated.[8]

Ultimately, both parties benefit through noncash charitable donations. The donor receives significant tax relief, including a deduction of the FMV and the avoidance of capital gains tax. The donee receives the full value of the appreciated asset, which is greater than what the donor might have given in cash.[9]

Considerations when Giving

For those thinking of making a donation, there are several considerations to keep in mind when planning to make a charitable gift. First, a donation to qualify as a charitable contribution eligible for an income tax deduction, the donee must be a “qualifying organization”. These include certain, “nonprofit groups that are religious, charitable, educational, scientific, or literary in purpose, or that work to prevent cruelty to children or animals”[10] which have 501(c)3 status.[11]

Second, many institutions have development teams that work directly with donors and can guide them through the process of making either a traditional or noncash gift. For higher value, complex, noncash gifts it is recommended to consult a tax professional specifically trained in estate planning. Trained professionals will be familiar with which types of taxes are due, at the federal, state and local levels, and what types of gifts qualify for certain deductions.

Third, when planning to donate, it is noteworthy that contributions do not need to be made by check. Exploring noncash donation options may be advantageous for both the donor and the receiving institution.

Going Forward

These alternative ways (noncash) of giving have the potential to boost charitable donations and provide much needed support to nonprofits, arts organizations, and cultural heritage institutions. For nonprofits, the tax advantages of noncash donations broaden the pool of potential donors and may encourage greater philanthropic engagement. As museums and cultural organizations continue to navigate financial uncertainty, noncash donations present a promising and sustainable avenue for strengthening the institutions that play a vital role in the community. A prediction for 2026: noncash donations will be on the rise, donors willing.

About the Author

Kamée Payton is the Judith Bresler Fellow at the Center for Art Law where she coordinates the Visual Artists’ Legal Clinics, including Estate Planning for Artists, and the accompanying programming. She earned her Master of Laws in Art law from the University of York, where she was an editor for the York Law Review and completed a legal dissertation comparing tax law in the United States and United Kingdom. Kamée has a Bachelor of Arts in Art History from Utah Valley University and has worked in various roles in the arts since 2020.

Suggested Readings

An Introduction to Legacy Planning and Charitable Giving Workshop, Handout, Center for Art Law (2025).

Elizabeth Merrit, EO Impacts and the Next Era of Museum Funding Part 3: Charitable Contributions and Investment Income, American Alliance of Museums (2025).

Francesca Aton, Trump ordered Funding Cuts Hit US Museums Hard, New Report Shows, Art News, (2025).

Office of Philanthropy, Giving Stock instead of Cash, University of Maryland Baltimore, (December 15th 2025 at 11 am EST), https://www.umaryland.edu/philanthropy/ways-to-give/giving-stock-instead-of-cash/

Visual Artists’ Legal Clinic: Legacy and Estate Planning, Handout, Center for Art Law, (2025).

American Alliance of Museums, Annual National Snapshots of United States Museums, (2025).

Department of the Treasury, Internal Revenue Service, Publication No. 526, Charitable Contributions, (2025).

Department of the Treasury, Internal Revenue Service, Publication No. 8283, Noncash Charitable Donations, (2024).

Elizabeth Merrit, EO Impacts and the Next Era of Museum Funding Part 3: Charitable Contributions and Investment Income, American Alliance of Museums (2025).

Gifts of Appreciated Securities, Philadelphia Museum of Art, (December 15th 2025 at 10 am EST), https://plannedgiving.philamuseum.org/appreciated-securities

Julia Halperian, The hangover after the museum party: institutions in the US are facing a funding crisis, The Art Newspaper January 4th 2024.

Office of Philanthropy, Giving Stock instead of Cash, University of Maryland Baltimore, (December 15th 2025 at 11 am EST), https://www.umaryland.edu/philanthropy/ways-to-give/giving-stock-instead-of-cash/

Select References

  1. Julia Halperian, The hangover after the museum party: institutions in the US are facing a funding crisis, The Art Newspaper January 4th 2024. ↑
  2. American Alliance of Museums, Annual National Snapshots of United States Museums, (2025). ↑
  3. Id. ↑
  4. Elizabeth Merrit, EO Impacts and the Next Era of Museum Funding Part 3: Charitable Contributions and Investment Income, American Alliance of Museums (2025). ↑
  5. Department of the Treasury, Internal Revenue Service, Form No. 8283, Noncash Charitable Donations, (2024). ↑
  6. Department of the Treasury, Internal Revenue Service, Form No. 8283, Noncash Charitable Donations, (2024). ↑
  7. Gifts of Appreciated Securities, Philadelphia Museum of Art, (December 15th 2025 at 10 am EST), https://plannedgiving.philamuseum.org/appreciated-securities ↑
  8. Department of the Treasury, Internal Revenue Service, Form No. 8283, Noncash Charitable Donations, (2024). ↑
  9. Office of Philanthropy, Giving Stock instead of Cash, University of Maryland Baltimore, (December 15th 2025 at 11 am EST), https://www.umaryland.edu/philanthropy/ways-to-give/giving-stock-instead-of-cash/ ↑
  10. Id. ↑
  11. Department of the Treasury, Internal Revenue Service, Publication No. 526, Charitable Contributions, (2025). ↑

 

Disclaimer: This article is for educational purposes only and is not meant to provide legal advice. Readers should not construe or rely on any comment or statement in this article as legal advice. For legal advice, readers should seek a consultation with an attorney.

Post navigation

Previous Against the Illusion: The Limits of Digital Repatriation in Restitution Debates
Next The Modigliani Forgery Epidemic Strikes Again?

Related Art Law Articles

Clinic Instagram
Art lawWish You Were Herebootcampevent review

WYWH: “Art Lawyering Bootcamp: Copyright Law”

March 6, 2026
Center for Art Law AI Artibtrator Article
Art lawadr

No Industry Seems Untouched by the AI Avalanche – Where Does AI Stand With ADR? Or Better Asked, Where Does ADR Stand With AI?

February 25, 2026
Center for Art Law AML Laundry Machines Ad
Art law

Regulation Without Legislation: Combatting Money Laundering in the U.S. Art Market

February 21, 2026
Center for Art Law
Summer School Promo

2026 Art Law Summer School

Applications Now Open

Want to learn MORE about art law? Join us for an unforgettable week of art law in NYC!

 

Apply Now
Center for Art Law

Follow us on Instagram for the latest in Art Law!

September of 2025 stuck a potential death blow to September of 2025 stuck a potential death blow to the NFT market: Christie's announced the closing of their digital art department. It had only lasted 3 years. NFTs experienced a incredibly  fast tracked rise and fall in popularity, leaving behind questions as to their continuing value and ownership rights. And yet, there could be some lasting change on how digital ownership will continue moving foward. 

📚 To learn more about this niche and potentially, completely, disappearing market read Shaila Gray's recently published article using the link in our bio!

#centerforartlaw #artlaw #artlawyer #lawyer #legalresearch #nfts #blockchain #digitalart #artmarket #artistissues
ONLY 5 DAYS LEFT to apply for the Second Edition ONLY 5 DAYS LEFT to apply  for the Second Edition of Center for Art Law Summer School!! Deadline to apply is  March 15th! Check out these memories from our 2025 Summer School. Don't miss your chance to participate in a whirlwind adventure exploring art law in NYC. 🗽

Taking place in the vibrant art hub of New York City, the program will provide participants with a foundational understanding of art law, opportunities to explore key issues in the field, and access to a network of professionals and peers with shared interests. Participants will also have the opportunity to see how things work from a hands-on and practical perspective by visiting galleries, artist studios, auction houses and law firms, and speak with professionals dedicated to and passionate about the field.

🎟️ APPLY NOW using the link in our bio!
After many years of hard work we’ve officially cro After many years of hard work we’ve officially crossed the 1,000 cases mark in our case law database!! Let us know what your favorites are below!
Join us on March 12 for Charitable Contributions: Join us on March 12 for Charitable Contributions: Tax Considerations for Artists and Collectors. For this event we are pleased to be hearing from Attorney Karin Gross. With over 30 years of experience, Ms. Gross is an expert in the area of tax law and specializes in the area of tax aspects for charitable giving. She served in the Office of Legislative Counsel for the U.S. House of Representatives, drafting legislation on behalf of Members of Congress and committee and has worked at the IRS Office of Chief Council. Ms. Gross will guide participants through important tax considerations for artists, collectors and art market participants. 

🎟️ Grab tickets using the link in bio!

#centerforartlaw #artlaw #artlawyer #tax #taxlaw #artist #irs #artandtaxlaw
On March 2nd, SCOTUS ended the saga of "The Recent On March 2nd, SCOTUS ended the saga of "The Recent Enteance to Paradise ", having denied writ of certiorari in Thaler v. Perlmutter. The question posed to the Court was if a work with a nonhuman author could receive copyright protections. The Court of Appeals for D.C. (2025) and the District Court (2023) have already answered 'no' to this issue, citing prior case law human requirements, statute interpretation of the word human artist, and other arguments. Check out our coverage discussing both lower court opinions using the link in bio. Human authorship remains a must for copyright registration. 

📚 Read more about the Supreme Court petition and outcome using the link in bio!

#centerforartlaw #copyright #artlaw #artlawyer #copyrightlaw #ailaw #aiart #artissues #artandai
Deadline Extended!! We are still accepting applica Deadline Extended!! We are still accepting applications for the Second Edition of Center for Art Law Summer School until March 15th! Don't miss this opportunity to explore art law NYC style 🗽

Taking place in the vibrant art hub of New York City, the program will provide participants with a foundational understanding of art law, opportunities to explore key issues in the field, and access to a network of professionals and peers with shared interests. Participants will also have the opportunity to see how things work from a hands-on and practical perspective by visiting galleries, artist studios, auction houses and law firms, and speak with professionals dedicated to and passionate about the field.

Applications Extended till March 15th!

🎟️ APPLY NOW using the link in our bio!

#centerforartlaw #artlawsummerschool #newyork #artlaw #artlawyer #legal #lawyer #art
Have you seen the 2024 documentary "The Spoils"? O Have you seen the 2024 documentary "The Spoils"? Our latest review covers Jamie Kastner's film that follows the Max Stern Foundation's restitution efforts and asks hard questions about who holds power in the art world. Savannah Weiler reviews it and we want to hear your take. Read it via the link in bio and drop your thoughts in the comments! 👇 

#centerforartlaw #FILMREVIEW #nazieralootedart #maxsternfoundation
Smile — you're at the Center for Art Law! 🌷 Meet o Smile — you're at the Center for Art Law! 🌷 Meet our Spring 2026 intern team, joining us from schools and graduate programs across the country! 🎓 

Our Spring 2026 Interns have been learning and working hard starting January! We are pleased to introduce to you Donyea James (Legal Intern, Fordham Law, 3L), Alexandra Kharchenko (Legal Intern, French LLM Grad of Northwestern Pritzker School of Law), Jacqueline Koutrodimos-Lewis (Graduate Intern, with MA in Classics and BA in Art History), Halle O’Hern (Legal Intern, Brooklyn Law, 2L), Marina Rastorfer (Legal Intern, Cardozo Law, LLM), and Savannah Weiler (Graduate Intern, MA in History of Art). 

From legal research to event planning, our interns are doing it all — under careful supervision!

Interested in joining our team? Fall 2026 internships begin the 2nd week of September — visit the link in our bio to learn more!
📌 We are looking for interns who can commit to working with us the entire academic year. 

#ArtLaw #LegalInterns #SpringInterns #InternSpotlight #ArtAndLaw #LawSchool #Internship BrooklynLawSchool #FordhamLaw #CardozoLaw #Northwestern #UTAustin #ClassicsAndArt #ArtHistory #NextGenLawyers
🏒 🎨⚖️ Thank you to all the applicants interested 🏒 🎨⚖️

Thank you to all the applicants interested in our 2026 summer internship program. We are humbled by the talent and volume of applications received. We only wish we could offer placement to all of you. If we cannot accommodate your interest this summer, please consider joining us as guest writers, volunteers and students at the upcoming summer school.
Grab an Early Bird Discount for our new CLE progra Grab an Early Bird Discount for our new CLE program to train lawyers to assist visual artists and dealers in the unique aspects of their relationship.

Center for Art Law’s Art Lawyering Bootcamp: Artist-Dealer Relationships is an in-person, full-day training aimed at preparing lawyers for working with visual artists and dealers, in the unique aspects of their relationship. The bootcamp will be led by veteran attorneys specializing in art law.

This Bootcamp provides participants -- attorneys, law students, law graduates and legal professionals -- with foundational legal knowledge related to the main contracts and regulations governing dealers' and artists' businesses. Through a combination of instructional presentations and mock consultations, participants will gain a solid foundation in the specificities of the law as applied to the visual arts.

Bootcamp participants will be provided with training materials, including presentation slides and an Art Lawyering Bootcamp handbook with additional reading resources.

The event will take place at DLA Piper, 1251 6th Avenue, New York, NY. 9am -5pm.

Art Lawyering Bootcamp participants with CLE tickets will receive New York CLE credits upon successful completion of the training modules. CLE credits pending board approval. 

🎟️ Grab tickets using the link in our bio! 

#centerforartlaw #artlaw #legal #research #lawyer #artlawyer #bootcamp #artistdealer #CLE #trainingprogram
A recent report by the World Jewish Restitution Or A recent report by the World Jewish Restitution Organization (WRJO) states that most American museums provide inadequate provenance information for potentially Nazi-looted objects held in their collections. This is an ongoing problem, as emphasized by the closure of the Nazi-Era Provenance Internet Portal last year. Established in 2003, the portal was intended to act as a public registry of potentially looted art held in museum collections across the United States. However, over its 21-year lifespan, the portal's practitioners struggled to secure ongoing funding and it ultimately became outdated. 

The WJRO report highlights this failure, noting that museums themselves have done little to make provenance information easily accessible. This lack of transparency is a serious blow to the efforts of Holocaust survivors and their descendants to secure the repatriation of seized artworks. WJRO President Gideon Taylor urged American museums to make more tangible efforts to cooperate with Holocaust survivors and their families in their pursuit of justice.

🔗 Click the link in our bio to read more.

#centerforartlaw #artlaw #museumissues #nazilootedart #wwii #artlawyer #legalresearch
Join us for the Second Edition of Center for Art L Join us for the Second Edition of Center for Art Law Summer School! An immersive five-day educational program designed for individuals interested in the dynamic and ever-evolving field of art law. 

Taking place in the vibrant art hub of New York City, the program will provide participants with a foundational understanding of art law, opportunities to explore key issues in the field, and access to a network of professionals and peers with shared interests. Participants will also have the opportunity to see how things work from a hands-on and practical perspective by visiting galleries, artist studios, auction houses and law firms, and speak with professionals dedicated to and passionate about the field. 

Applications are open now through March 1st!

🎟️ APPLY NOW using the link in our bio! 

#centerforartlaw #artlawsummerschool #newyork #artlaw #artlawyer #legal #lawyer #art
  • About the Center
  • Contact Us
  • Newsletter
  • Upcoming Events
  • Internship
  • Case Law Database
  • Log in
  • Become a Member
  • Donate
DISCLAIMER

Center for Art Law is a New York State non-profit fully qualified under provision 501(c)(3)
of the Internal Revenue Code.

The Center does not provide legal representation. Information available on this website is
purely for educational purposes only and should not be construed as legal advice.

TERMS OF USE AND PRIVACY POLICY

Your use of the Site (as defined below) constitutes your consent to this Agreement. Please
read our Terms of Use and Privacy Policy carefully.

© 2026 Center for Art Law
 

Loading Comments...
 

You must be logged in to post a comment.