By Richard R. Hammar, J.D., LL.M., CPA
© Copyright 2001 by Church Law & Tax Report. All rights reserved. This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is provided with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought. Church Law & Tax Report, PO Box 1098, Matthews, NC 28106. Reference Code: m08 c0103
IRS addresses substantiation of charitable contributions. The IRS issued Publication 1771 in 2002. This publication explains the substantiation requirements that apply to certain charitable contributions. The publication contains helpful information for both churches and donors. Consider the following:Substantiation requirements relaxed. Generally, taxpayers must receive a "contemporaneous written acknowledgement" from a charitable organization before claiming an itemized deduction for contributions of $250 or more. The written acknowledgement gives donors a statement of the amount of cash or description of property contributed; whether the charity provided goods or services in consideration for the cash or property; and the value of those goods or services. A written acknowledgment must be "contemporaneous," which means that a donor must receive the acknowledgment by the earlier of (1) the date on which the donor actually files his or her individual federal income tax return for the year of the contribution, or (2) the due date (including extensions) of the return. However, because of the outpouring of contributions after the September 11, 2001 terrorist attacks, some charities were unable to supply donors with the required acknowledgements in a timely manner. In 2002 the IRS has announced that, as a result of the September 11, 2001, terrorist attacks, it had relaxed the substantiation requirements for certain charitable contribution deductions. Taxpayers who made charitable contributions of $250 or more after September 10, 2001, and before January 1, 2002, had until October 15, 2002, to obtain the required written acknowledgement from charities or get evidence of a good-faith effort to obtain it. Donors who did not receive documentation of their contributions could demonstrate good-faith effort by requesting a written acknowledgement from the charity either by letter or e-mail, a copy of which could be used as evidence of a good-faith effort. IRS News Release IR-2002-38.