44.11.403    IN-KIND CONTRIBUTION, REPORTING AND VALUATION

(1) A candidate or political committee shall report an in-kind contribution on the appropriate reporting schedule and shall describe what was received consistent with the reporting requirements specified in ARM 44.11.402.

(2) A candidate who makes personal expenditures benefitting his or her campaign, shall also report and disclose the expenditures as in-kind contributions or loans to the campaign, see ARM 44.11.501.

(3) The total value of the services, property, or rights contributed in-kind shall be deemed to have been consumed in the reporting period in which received. 

(4) The value of an in-kind contribution shall be calculated and recorded in writing. The written record is a campaign record as defined by 13-37-208, MCA. The calculation and written record shall show one of the following values for the in-kind contribution:

(a) the actual monetary cost, value or worth of the item of property, right or service contributed at the time of the in-kind contribution;

(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 contribution;

(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 set by (b), then a precise description must be made of the property, right or service received by the candidate or ballot committee.

(5) The value under (4) shall be reported and disclosed as a contribution as defined and required by ARM 44.11.502.

(6) Unpaid childcare provided to a candidate by a member of a candidate's family or an individual known to the candidate does not constitute a contribution, and need not be reported by the candidate.

History: 13-37-114, MCA; IMP, 13-37-208, 13-37-209, 13-37-211, 13-37-220, 13-37-229, MCA; NEW, Eff. 1/1/76; AMD, Eff. 2/6/76; AMD, 1977 MAR p. 1246, Eff. 12/25/77; TRANS and AMD, from 44.10.513, 2016 MAR p. 28, Eff. 1/9/16; AMD, 2022 MAR p. 404, Eff. 3/26/22.