Donor Substantiation
Three sets of IRS tax rules govern how a 501(c)(3)
organization must acknowledge payments from donors:
1. Section 170(f)(8) of the Internal Revenue Code disallows
any contribution of $250 or more unless the taxpayer has
contemporaneous written substantiation of the donation from
the charitable recipient. There is no IRS penalty to the
charity for failing to provide donors with this written
substantiation.
2. Section 6115 of the Internal Revenue Code requires
charities to provide donors with a good faith estimate of
the value of goods or services provided, where a payment of
more than $75 is received which is partly a contribution,
and partly consideration for goods or services. The penalty
for failure to provide the allocation required is $10 per
contribution, with a maximum penalty of $5,000 per
fundraising event.
3. Revenue Procedure 90-12 provides that "insubstantial
benefits" provided to donors may be disregarded, for
purposes of determining the deductible amount, when
a) the fair market value of all the benefits is not
more than 2% of the total payment, or $72, whichever is
less, or
b) the contribution is $36.00 or more, and benefits are
only name- or logo-bearing "tokens" with a cost of
$7.20 or less
(‘99 amounts; new ones, indexed to inflation, issued
annually)
Taken together, IRS rules require that an organization's
written acknowledgments to donors should contain at least:
- a statement of the amount of the donation, if cash
- a description of the property donated, if property (no
estimate of the value is required)
- a statement of whether the donee organization
provided any goods or services in return for the
payment, and
- if goods or services were provided, a good faith
estimate of value of the goods/services supplied
The information outlined must be provided
~ in writing,
~ in connection with the solicitation, or in connection
with receipt of the payment, and
~ in a manner reasonably likely to come to the
attention of the donor
- These rules do not apply when there is no gift or donation
intended, such as a purchase in a museum gift shop.
- No estimate of the value of services provided is required
where the recipient organization is exclusively religious,
and the only benefits are "intangible religious benefits."
Sample
Acknowledgment Letter
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