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d Raleigh <br />989 <br />2. The fact that any rental charged on the ungifted portion of the building <br />would have to be at a reasonable market rate for similar commercial space, <br />since anything less could be construed to be a gift which would lengthen <br />the gifting process. <br />3. The need to be protected by insurance from any potential liability arising <br />out of the use of the building by the County prior to the completion of the <br />entire gift. <br />4. The fact that the gifting program cannot be spelled out in writing in any <br />binding legal document, since the existence of the document could be <br />construed to be a transfer of the entire building in the year it was <br />drafted. <br />5. Annual appraisals of the building would have to be made to determine the <br />value of that year's gift. <br />6. The Bank would have to incur additional expenses in having a detailed tax <br />plan prepared each ,year to assure the maximization of the deduction. <br />7. The Federal and State tax laws may change in such a way as to limit or <br />eliminate the benefits derived from the gifts to be made in future years. <br />The second option would be for the Bank to sell the building to the County at an <br />amount much below the current appraisal. In order for the Bank to maintain its <br />capital position, the building (which was appraised at $606,000) would have to <br />be sold for $240,000. At that amount, the Bank could recover its depreciated <br />cost basis. With this option, the title is transferred at the time of sale. <br />This method eliminates the problems listed in the discussion of gifting the <br />building and answers the questions raised by the Assistant County Attorney in <br />our meeting on May 8th. As I recall, he expressed concern about the County <br />making capital improvements to a building that it would not have complete <br />ownership of. <br />While the sale of the building to the County was not your intended goal, the <br />complexity of the transaction and the uncertainty of the future tax law makes <br />the gifting option less attractive. If you have any questions concerning this <br />matter, give me a call. <br />Very tru y yours, <br />MLK.� <br />Ord <br />Thomas B. Williams, CPA <br />Manager, Bank Taxation <br />TBW/ty <br />