"Quid Pro Quo" Contributions and Donations Over $250 Policy
Beginning January 1, 1994, charities receiving payments described as "quid pro quo contributions", in excess of $75, must provide a written statement to the donor. A quid pro quo contribution is one in which part of the payment is for goods or services received and part is a contribution. This statement must give a good faith estimate of the value of the goods or services plus inform the donor that the charitable deduction is limited to the amount of the payment in excess of the goods or services provided. The responsibility for providing disclosure statements for quid pro quo contributions rests with the charity. There is a penalty of $10 for each failure to provide the required statement.
Also, for charitable contributions of $250 or more made after December 31, 1993, the donor is not allowed a deduction unless the gift is acknowledged in writing. The donor must obtain the acknowledgment by the earlier of the date the return is filed or the due date of the return, including any extensions. The acknowledgment must contain the amount of the cash or check and a description of any noncash property contributed. It must state whether the charity provided any goods or services in return for the contribution. If so, it must also include a description and good faith estimate of the value of the goods or services.
IRS Publication 1771, Substantiation and Disclosure Requirements has been developed to assist charities in ascertaining their reporting requirements.