Council Submits Comments on IRS Gift Substantiation Proposal

Wednesday, December 16, 2015

A proposed rule by the IRS would allow charities to file an additional information return by February 28th each year that includes taxpayer identification information for donors who contribute $250 or more, and provide a copy of the return to these donors in lieu of a contemporaneous written acknowledgment.

The Council believes this rule is problematic, and submitted comments to the Treasury Department voicing our concerns. Notably, these comments reflected concern for 1) the administrative burden this process would place on charitable organizations to collect this information from donors, 2) the privacy of donors’ sensitive information, 3) the deterrent effect this could have on charities’ relationships with their donors, and 4) the “slippery slope” it poses to evolve from an optional method to a mandatory requirement.