Withdrawal of proposed regulations: “Contemporaneous written acknowledgement” and donee reporting

Contemporaneous written acknowledgement

The Treasury Department and IRS today released for publication in the Federal Register a “withdrawal of notice of proposed rulemaking” concerning a statutory exception that would have allowed for “donee reporting” to satisfy the “contemporaneous written acknowledgement” requirement for substantiating charitable contribution deductions of $250 or more.

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In September 2015, a notice of proposed rulemaking (REG-138344-13) was issued to provide for “donee reporting” as an exception to the “contemporaneous written acknowledgement” rule for substantiation of certain charitable contribution deductions of $250 or more. The proposed regulations also provide rules for the time and manner for donee organizations to file information returns that report the required information about contributions. Read TaxNewsFlash-Exempt Organizations

Today’s notice of withdrawal of proposed rulemaking explains that the IRS and Treasury received “a substantial number of public comments” in response to the September 2015 proposed regulations. According to this release, the IRS and Treasury have decided against implementing “donee reporting” as a statutory exception to the “contemporaneous written acknowledgement” requirement. Today’s release states that the exception remains unavailable “unless and until final regulations are issued prescribing the method for donee reporting.”


For more information, contact the Managing Director-in-Charge of KPMG's Washington National Tax Exempt Organizations Tax group

D. Greg Goller |  +1 (703) 286- 8391 | greggoller@kpmg.com

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