• 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 Our articles 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 The Digital Fade: NFTs and the Future of Blockchain Art
Next Against the Illusion: The Limits of Digital Repatriation in Restitution Debates

Related Art Law Articles

CfAL photo from Rietberg Museum
Art law

Inspiration and Investment: The Benin Bronzes in Western Art and the Market

September 21, 2026
Italy's Bill 2834 A Pathway Toward Restituting Jewish Owned Art
Art lawItalylegislative historyNazi-era looted art

Italy’s Bill 2834: A Pathway Toward Restituting Jewish-Owned Art

September 17, 2026
#MiPatrimonioNoSeVende Mexico’s New Era of Cultural Repatriation
Art law

#MiPatrimonioNoSeVende: Mexico’s New Era of Cultural Repatriation

September 13, 2026
Center for Art Law
AML Guide 2025

AML Guide 2025

Explore our updated AML Survey with key insights on how evolving regulations impact the art market.

Download here
Center for Art Law

Follow us on Instagram for the latest in Art Law!

The Gelman Collection, one of the most significant The Gelman Collection, one of the most significant collections of modern Mexican art, is at the center of an ongoing legal and financial controversy. With works by Frida Kahlo, Diego Rivera, María Izquierdo, and others, the collection raises complex questions about the protections afforded to National Artistic Monuments under Mexican law. 

Paula Gutierrez de Villasante examines what the collection's uncertain future could mean for Mexico’s cultural heritage. 

📚Read the full article at the link in our bio!

#ArtLaw #CulturalHeritage #MexicanArt #FridaKahlo #ArtFinance
Learn about Artist Corporations-- exploring what t Learn about Artist Corporations-- exploring what they are, how they work, and the legal and practical considerations for artists!

Please note, this is a hybrid event. Participants are welcome to attend either in person or online via Zoom..

Join the Center for Art Law for Artist Corporations: A New Legal Framework for Creative Practice, a conversation exploring the Colorado Artist Companies Act and what it could mean for artists, lawyers, policymakers, and the broader creative economy.

In 2025, Colorado enacted Senate Bill 133, creating the Artist Corporation (A-Corp); a first-of-its-kind legal business structure designed specifically to recognize and support artists and creative professionals. The legislation offers a new model for balancing artistic practice with sustainable business and legal protections, raising important questions about how the law can better serve creative communities.

Join us for a discussion featuring Lindsay Korotkin, Yancey Strickler, and Sarah Darlene, who will examine the origins of the Artist Corporation, the legislative process behind its creation, and its practical implications for working artists. Drawing on their respective backgrounds in law, advocacy, entrepreneurship, and artistic practice, the panelists will discuss how this innovative legal framework came to fruition, how artists may benefit from it, and whether similar legislation could shape the future of creative industries beyond Colorado.

Following the panel discussion, attendees will have the opportunity to participate in a live audience Q&A as well as a Networking Reception. 

🎟️ Grab your tickets today using the link in our bio!

#centerforartlaw #artlaw #colorado #artistissues
For more than two decades, thousands of counterfei For more than two decades, thousands of counterfeit works attributed to Canadian Anishinaabe artist Norval Morrisseau circulated through galleries, auctions, and private collections. The resulting forgery scandal has made authenticating Morrisseau’s work increasingly difficult and raised larger questions about protecting artists' legacies and the integrity of the art market. 

In her article, Victoria Cook examines the history of the Morrisseau forgery ring and how emerging technologies could help distinguish genuine works from fakes. 

📚 Read the full article at the link in our bio!

1st 📷: Norval Morrisseau, Observations of the Astral World (c. 1994), acrylic on canvas, 236 x 514 cm, National Gallery of Canada, Ottawa

#ArtLaw #ArtForgery #NorvalMorrisseau #IndigenousArt #CanadianArt
Don't miss grabbing tickets for our upcoming Collo Don't miss grabbing tickets for our upcoming Colloquium with Dr Michail Risvas, Lecturer in Law and Co-Director of the Centre for International Law and Globalisation at the University of Southampton, on the growing role of arbitration in the art and cultural heritage sector. 

Drawing on his research and practical examples, Professor Risvas will examine how arbitration is being used to resolve a broad range of art-related and cultural heritage disputes. The program will compare arbitration with traditional litigation, exploring the advantages and limitations of each forum.

Through discussion of case examples and emerging trends, participants will gain a practical understanding of when arbitration may offer a more effective path than litigation and how alternative dispute resolution is shaping the future of art and cultural heritage law.

🎟️ Grab your tickets today using the link in our bio!!

#centerforartlaw #artlaw #legal #artlawyer #lawyer #arbitration #artmarket #artist #culturalheritage
Join the Center for Art Law along with Dr Michail Join the Center for Art Law along with Dr Michail Risvas, Lecturer in Law and Co-Director of the Centre for International Law and Globalisation at the University of Southampton, on the growing role of arbitration in the art and cultural heritage sector. Drawing on his research and practical examples, Professor Risvas will examine how arbitration is being used to resolve a broad range of art-related and cultural heritage disputes. The program will compare arbitration with traditional litigation, exploring the advantages and limitations of each forum.

Through discussion of case examples and emerging trends, participants will gain a practical understanding of when arbitration may offer a more effective path than litigation and how alternative dispute resolution is shaping the future of art and cultural heritage law.

🎟️ Grab your tickets today using the link in our bio!!

#centerforartlaw #artlaw #legal #artlawyer #lawyer #arbitration #artmarket #artist #culturalheritage
And just like that, we’ve reached the end of an in And just like that, we’ve reached the end of an inaugural ART & LAW INTENSIVE ✨

Five-day program filled with challenging questions, fascinating discussions, new perspectives, and meaningful encounters at the intersection of visual art and law.

Grateful for the conversations, the knowledge shared, and everyone who made this experience so enriching. 

Until the next chapter in February!
Our last (August) newsletter received excellent vi Our last (August) newsletter received excellent viewing (in September). Welcome back from vacations! You may be pleased to know that our ART x LAW INTENSIVE in Zurich went as promised and we were delighted to have shared with and learned from so many wonderful experts, colleagues, and fellow travelers. Special guests came from North and South America, across Europe, even India and UAE. Without skipping a beat, today we onboard our Fall 2026 Interns, students from Cardozo, NYU, Smith College and other schools, and we are pleased to welcome our 2026-2027 Judith Bresler Fellow, Alexander Stanfield.

Please take a look at our SEPTEMBER newsletter and plan to join us this fall for in person or online events. Thank you to all who have reached out and offered to volunteer over the summer and recently. We are humbled by the growing interest and will keep offering learning and hands-on opportunities as the size of our organization permits. Stay calm and … 

📚 Click the link in our bio to get a curated collection of art law news, our most recent published articles, upcoming events, and much more!!

#centerforartlaw #artlaw #newsletter #september #legalresearch
What does it take to report and write a story abou What does it take to report and write a story about stolen art, war, and the people caught at the center of it?

In our latest episode of Art in Brief, Andrea and Paris are joined by Matthew Campbell, award-winning reporter for Bloomberg Businessweek and author of The Man Who Stole the Gods, to discuss his years-long investigation into the looting and trafficking of ancient Khmer artifacts from Cambodia.

We talk about Matthew’s research and reporting process, why he chose to center the story around the book’s main characters, and how he approached telling the stories of complicated figures with nuance and empathy.

🎙️ Listen to the latest episode of Art in Brief and find additional resources including a link to Matthew's book at the link in our bio!

#podcast #centerforartlaw #artinbrief #bloomberg #artcrime
What happens to an artist’s work, archives, and in What happens to an artist’s work, archives, and intellectual property after they’re gone? 

Day 2 of the 2026 CPAL Conference brought together lawyers, appraisers, foundation leaders, and arts professionals to tackle the practical realities of preserving artists’ legacies. Topics included estate planning and appraisals, copyright, archives, and the financial realities of running an artist foundation. One message was especially clear: legacy preservation starts long before an artist’s death. 

📚Read Ian Silverstein’s recap of the conference at the link in our bio!

#WYWH #ArtLaw #ArtistEstates #ArtLawConference #ArtAndLaw
Don't miss out on our upcoming Workshop on fiducia Don't miss out on our upcoming Workshop on fiduciary duties within artist-dealer relationships with speaker Aaron Haines!

This workshop will explore the fiduciary duties of gallerists toward their clients and will clarify the distinctions between contract-based relationships and the broader fiduciary obligations gallerists owe, including transparency, prudence, and the prohibition of undisclosed profits. It will also examine common conflicts of interest in the art world and how these fiduciary duties come into play. 

🎟️ Grab your tickets today using the link in our bio!

#centerforartlaw #artlaw #artlawyer #legalresearch #legal #workshop #artistrights #artist #artdealer
The Wilbur J. Cohen Federal Building in Washington The Wilbur J. Cohen Federal Building in Washington, D.C. houses five murals and four reliefs by artists including Ben Shahn and Philip Guston. 
The building is now among federal properties currently slated for sale as the government accelerates selling federal real estate. 

What happens to artworks that are physically inseparable from the buildings they were created for? And what does their uncertain future mean for America’s cultural landscape?

📚 Read Sam Brady-Myerov’s latest article at the link in our bio!

#ArtLaw #CenterforArtLaw #NewDealArt #PublicArt #CulturalHeritage
Did you know the portrait of George Washington on Did you know the portrait of George Washington on the $1 bill traces back to a painting by Gilbert Stuart? 

As the US celebrates its 250th anniversary, one of our latest articles explores how Stuart fought to control the reproduction of his Washington portraits at a time when U.S. copyright law did not yet protect paintings. 

📚 Read the full article by Hannah Gadway at the link in our bio! 

#ArtLaw #America250 #GilbertStuart #GeorgeWashington #CopyrightLaw
  • 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.