A payment that is partly a gift and partly for goods or services, such as a gala ticket, a dinner or a thank-you item, is a quid pro quo contribution. In the US, if the donor pays more than $75, the charity must give a written disclosure statement. The IRS says the statement must (IRS: Quid pro quo contributions):
- "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 fair market value of goods or services provided by the charity", and
- "Provide the donor with a good faith estimate of the fair market value of the goods or services that the donor received."
The IRS example: a donor gives $100 and receives a concert ticket valued at $40. The contribution part is $60, and a disclosure statement is still required because the payment is over $75.
- When. The statement must be in writing and can go out with the solicitation or with the receipt.
- Estimating the value. Any reasonable method applied in good faith works, including the price of similar goods or services sold commercially. In one IRS example, a charity offers a one-hour tennis lesson with a professional who charges $100 an hour commercially, so the good faith estimate is $100.
- Exceptions. No disclosure is needed for items of insubstantial value (the token exception), certain annual membership benefits for a payment of $75 or less, intangible religious benefits, or a sale with no gift element, such as a typical museum gift shop purchase. The token-exception dollar limits are adjusted for inflation each year, so check the current figures in Publication 1771 and on IRS.gov.
- Penalty. The IRS penalty for not making a required disclosure is $10 per contribution, up to $5,000 per fundraising event or mailing, unless the charity shows reasonable cause.
Where this goes on the templates
Both receipts have a "Goods or services in exchange" section, printed at the same size as the other fields:
- Goods or services provided in exchange (yes / no): answer "Yes".
- If yes, description and If yes, good-faith estimate of their value: describe what the donor received, for example "Concert ticket", and enter your estimate.
- Deductible-amount statement (if goods or services were provided): write the disclosure here, beside the estimate. The blank PDF has three lines for it. Don't move it into the footnote or other small print: Publication 1771 says the statement "must be made in a manner that is likely to come to the attention of the donor", and that "a disclosure in small print within a larger document might not meet this requirement". Suggested wording, adapted from the IRS text: "The amount of your 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) you contributed over the fair market value of the goods or services we provided."
If you already gave the donor this statement when you asked for the gift, the IRS says "it is not necessary for the organization to provide another statement when it actually receives the contribution". The description and the good faith estimate still belong on the written acknowledgment for a contribution of $250 or more.
Intangible religious benefits
In the US, Publication 1771 says that if a religious organization provides only "intangible religious benefits" to a donor, the written acknowledgment "does not need to describe or value those benefits. It can simply state that the organization provided intangible religious benefits to the donor." It describes them as benefits provided by an organization "organized exclusively for religious purposes" that "are not usually sold in commercial transactions outside a donative (gift) context", such as admission to a religious ceremony. Education leading to a recognized degree, travel services and consumer goods are not intangible religious benefits.
In that case, answer "Yes" to goods or services, tick Only intangible religious benefits were provided [ ], and leave the description, the estimate and the deductible-amount statement as "Not applicable". The IRS quid pro quo page lists an intangible religious benefit among the cases where no disclosure statement is required.