

A charitable organization must provide a written disclosure statement to donors of a quid pro quo contribution in excess of $75. A quid pro quo contribution is a payment made to a charity by a donor partly as a contribution and partly for goods or services provided to the donor by the charity. For example, if a donor gives a charity $100 and receives a concert ticket valued at $40, the donor has made a quid pro quo contribution. In this example, the charitable contribution portion of the payment is $60. Even though the part of the payment available for deduction does not exceed $75, a disclosure statement must be filed because the donor's payment (quid pro quo contribution) exceeds $75. The required written disclosure statement must:
1. Inform the donor that the amount of the contribution that is deductible
for federal income tax purposes is limited to the excess of any money (and
the value of any property other than money) contributed by the donor over
the value of goods or services provided by the charity, and
2. Provide the donor with a good faith estimate of the value of the goods
or services that the donor received.
The charity must furnish the statement in connection with either the solicitation
or the receipt of the quid pro quo contribution. If the disclosure statement
is furnished in connection with a particular solicitation, it is not necessary
for the organization to provide another statement when the associated contribution
is actually received.
No disclosure statement is required when:
Donors taking a deduction under § 170 are required to obtain contemporaneous
written substantiation for a charitable contribution of $250 or more. To
be "contemporaneous" the written substantiation must generally
be obtained by the donor no later than the date the donor actually files
a return for the year the contribution is made. If the donee provides goods
or services to the donor in exchange for the contribution (a quid pro quo
contribution), this written substantiation (acknowledgment) must include
a good faith estimate of the value of the goods or services. The donee is
not required to record or report this information to the IRS on behalf of
a donor. The donor is responsible for requesting and obtaining the written
acknowledgement from the donee. Although there is no prescribed format for
the written acknowledgment, it must provide sufficient information to substantiate
the amount of the contribution. For more information, please see Publication
1771, Charitable Contributions - Substantiation and Disclosure Requirements.