Acknowledging donors’ contributions is important not only because of IRS requirements, it also helps in building donors’ confidence in and support for the activities they help to fund. Organizations should establish procedures for acknowledging contributions in a timely manner and for providing appropriate receipts for cash contributions if requested. Regular updates to donors on the activities they support is another way to build trust and loyalty, as is providing ways for contributors to find more information on their own—say, through a website, print publications or visits to the organization’s office.
If the organization has provided goods or services to the donor in exchange for or recognition of the contribution, an acknowledgement must include a good-faith estimate of the fair market value of those goods or services—that is, the amount the donor would have to pay to purchase those goods or services independently. The cost of the item to the charitable organization does not determine its fair market value, although cost may be an important factor. For example, a hotel may donate the food served at a banquet, thus imposing zero cost on the charitable organization. But the fair market value of a donor’s meal at that banquet would not be zero; it would be the price he or she would have to pay for a similar meal at that hotel. The charitable organization does not have to include information on fair market value in a donor acknowledgement if that value is not more than 2 percent of the contribution or $89, whichever
is less. (These are 2007 amounts; the IRS changes them periodically.)
It is generally unwise, and may pose a conflict of interest, for a charitable organization to appraise the value of gifts of property from taxpayers seeking income tax deductions for such contributions. Organizations should, however, alert donors to IRS rules for substantiating such claims and encourage them to seek appropriate tax or legal counsel when making significant non-cash gifts.
Federal law requires charitable organizations to provide a written disclosure statement to donors who contribute more than $75 if the organization has provided the donor with goods or services in exchange for the contribution.1 The disclosure statement must inform the donor that the amount of the contribution that is deductible for Federal income tax purposes is limited to the excess of the amount of any money (and the value of property other than money) contributed by the donor over the value of the goods or services provided to the donor by the charity, and must provide a good faith estimate of the value of the goods or services received by the donor. The IRS indicates on its website that no disclosure statement is required if “the goods or services given to a donor have insubstantial value.”2 A taxpayer who itemizes deductions on his or her annual income tax return is required to have a contemporaneous written acknowledgement from the charitable organization to substantiate deductions for contributions of $250 or more.3 The written acknowledgement must include the amount of cash and a description (but not the value) of any property other than cash contributed; whether the charity provided any goods or services in consideration, in whole or in part, for the contribution; and a description and good faith estimate of the value of any goods or services received by the donor.4 For tax years beginning after August 17, 2006, taxpayers are required to have bank records or a written communication from the organization (indicating its name and the date and amount of the contribution) to substantiate a deduction for a charitable contribution of any amount.5
For non-cash contributions, the taxpayer is generally allowed to deduct the fair market value
of property donated to a public charity or to a federal, state, or local governmental entity. The
amount that taxpayers may deduct varies depending on the type of property contributed, the type of organization to which the property was contributed, and the taxpayer’s income. In the case of tangible personal property (e.g., artwork), the taxpayer is entitled to a fair market value deduction only if the property is given to a public charity that uses the property in its exempt purposes. If the taxpayer is claiming a deduction of more than $500 for any single item other than publicly traded stock, the taxpayer must submit Form 8283 (Noncash Charitable Contributions) with his or her tax return. If the deduction claimed for any single item (other than publicly traded stock) exceeds $5,000, the taxpayer must have the item appraised by a qualified appraiser, then attach to the tax return a copy of the appraisal, a signed declaration of the appraiser, and a signed acknowledgement from the charitable organization that received the donation. If the charity sells contributed property valued at $5,000 or more within three years of the property’s receipt, the charity must file Form 8282 (Donee Information Return), which reports that sale to the IRS.6 For tax years beginning after August, 2006, taxpayers
can only claim deductions for clothing and household items donated to charity if the items are in
good used condition or better.7
(From The Principles for Good Governance and Ethical Practice: Reference Edition,
Published in 2007)
These questions – from the Principles Workbook (PDF) – are intended to prompt discussion about the principle, assess the polices and practices of your organization, and encourage your organization to take steps to identify where improvements should be made.