Ohio Administrative Code
Title 3364 - University of Toledo
Chapter 3364-35 - Bartering Agreements
Section 3364-35-01 - Non-monetary transactions - barter agreements
Current through all regulations passed and filed through September 16, 2024
(A) Policy statement
The university of Toledo is committed to following all applicable laws and regulations, including those laws and regulations that address bartering for the exchange of goods, services, or assets. The university of Toledo may enter into barter agreements with another entity for:
At no time will an athletic barter/trade agreement conflict with the multi-media rights agreement with learfield communications, incorporated. An official copy of the agreement is on file in the office of legal affairs.
(B) Purpose of policy
This policy establishes the directives to account for barter transactions which are the exchange of goods, services or assets (other than cash) for other non-monetary goods, services or assets. The exchange can be for similar or dissimilar goods, services, or assets.
(C) Procedures
The following procedures are designed to ensure that the university properly documents and records revenue and offsetting expenses related to barter/trade agreements. Revenue will only be recognized up to the lesser of cost or fair market value of the service or product under barter/trade and all barter/trade agreements expire at a maximum of one year.
At the beginning of each fiscal year a list of all goods and services that can be used in a barter transaction with another organization will be listed with the fair market value of each item listed. A copy of this list will be kept on file at the athletic department and can be reviewed upon request .
All transactions involving exchanges of goods, services or assets (other than cash) for other non-monetary goods, services or assets must be documented on a barter transaction receipt form.
The form will document the goods or services given up and received by the university.
The athletic department will maintain a file on each barter agreement including all invoices, receipts and supporting documentation.
For each good, or asset exchanged, a fair market value must be assigned by the parties engaged in the transaction, as the good, services, or asset is considered income under federal tax regulations.
Transactions with person or organizations involving goods, services, or assets with a fair market value greater than twenty-five thousand dollars require approval by the university of Toledo senior vice president for finance and administration.
All barter/trade agreements will expire at a maximum of one year from date of the agreement. If the barter values are less then one year, the balance will be written off at the time of expiration. Once the barter agreement has expired accounting will write off any remaining balance recognizing the offsetting loss due to barter expiration.
(D) Definitions
Barter exchange. Any person or organization with members or clients that contract with each other (or with the barter exchange) to jointly trade or barter property or services. The term does not include arrangements that provide solely for the informal exchange of similar services on a noncommercial basis as defined by the internal revenue service ("IRS").
Vendor. Any one or any unit that has a signed barter agreement with the university of Toledo.
Fair market value. The price that property would sell for on the open market. It is the price that would be agreed on between a willing buyer and a willing seller, with neither being required to act, and both having reasonable knowledge of the relevant facts as defined by the IRS.
(F) Related form
University of Toledo barter transaction receipt form.