Mont. Admin. R. 44.11.503 - IN-KIND EXPENDITURE, REPORTING AND VALUATION
(1) A candidate or
political committee shall report an in-kind expenditure on the appropriate
reporting schedule and shall describe what was made consistent with the
reporting requirements specified in ARM 44.11.502.
(2) The total value of the services,
property, or rights expended in-kind shall be deemed to have been consumed in
the reporting period in which expended.
(3) The value of an in-kind expenditure shall
be determined as follows:
(a) it shall be
reported as its fair market value at the time of the expenditure; or
(b) it shall be reported as the difference
between the fair market value at the time of the expenditure and the amount
charged the expendee; or
(c) it
shall be reported as the actual monetary value or worth at the time of the
expenditure; or
(d) if due to
extraordinary circumstances none of these provisions would be appropriate or no
reasonable fair market value can be established, it shall be sufficient to
report a precise description of such in-kind expenditure as made.
(4) The value of an in-kind
expense shall be calculated and recorded in writing. Because an in-kind expense
becomes a contribution to the receiving candidate or ballot committee, this
regulation works in tandem with ARM 44.11.403 and the record keeping
requirements of that regulation apply. The calculation and written record shall
show one of the following values for the in-kind expense:
(a) the actual monetary cost, value or worth
of the item of property, right or service at the time of the in-kind
expense;
(b) if there is no actual
cost or value as set out in (a) then the reasonable fair market value of the
item of property, right or service based on an appropriate comparison made at
the time of the in-kind expense;
(c) in the event that the candidate or ballot
committee paid for a portion of the value established by (b), then the
difference between the amount paid and the value set by (b); or
(d) in the event that, due to extraordinary
circumstances, it is not appropriate or possible to determine the value
established by (b), then a precise description must be made of the property,
right or service expended.
(5) The value under (4) shall be reported and
disclosed as a contribution as defined and required by ARM 44.11.502.
Notes
IMP, 13-37-208, 13-37-209, 13-37-211, 13-37-229, 13-37-232, MCA
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