Treasury Regulations (26 C.F.R.)

26 CFR § 1.170A-15

Substantiation requirements for charitable contribution of a cash, check, or other monetary gift.

Official textecfr.govlast amended

# (a)

In general—(1) Bank record or written communication required. No deduction is allowed under sections 170(a) and 170(f)(17) for a charitable contribution in the form of a cash, check, or other monetary gift, as described in paragraph (b)(1) of this section, unless the donor substantiates the deduction with a bank record, as described in paragraph (b)(2) of this section, or a written communication, as described in paragraph (b)(3) of this section, from the donee showing the name of the donee, the date of the contribution, and the amount of the contribution.

(2) Additional substantiation required for contributions of $250 or more. No deduction is allowed under section 170(a) for any contribution of $250 or more unless the donor substantiates the contribution with a contemporaneous written acknowledgment, as described in section 170(f)(8) and § 1.170A-13(f), from the donee.

(3) Single document may be used. The requirements of paragraphs (a)(1) and (2) of this section may be met by a single document that contains all the information required by paragraphs (a)(1) and (2) of this section, if the document is obtained by the donor no later than the date prescribed by paragraph (c) of this section.

# (b)

Terms—(1) Monetary gift includes a transfer of a gift card redeemable for cash, and a payment made by credit card, electronic fund transfer (as described in section 5061(e)(2)), an online payment service, or payroll deduction.

(2) Bank record includes a statement from a financial institution, an electronic fund transfer receipt, a canceled check, a scanned image of both sides of a canceled check obtained from a bank website, or a credit card statement.

(3) Written communication includes email.

# (c) Deadline for receipt of substantiation.

The substantiation described in paragraph (a) of this section must be received by the donor on or before the earlier of—

(1) The date the donor files the original return for the taxable year in which the contribution was made; or

(2) The due date, including any extension, for filing the donor's original return for that year.

# (d)

Special rules—(1) Contributions made by payroll deduction. In the case of a charitable contribution made by payroll deduction, a donor is treated as meeting the requirements of section 170(f)(17) and paragraph (a) of this section if, no later than the date described in paragraph (c) of this section, the donor obtains—

(i) A pay stub, Form W-2, “Wage and Tax Statement,” or other employer-furnished document that sets forth the amount withheld during the taxable year for payment to a donee; and

(ii) A pledge card or other document prepared by or at the direction of the donee that shows the name of the donee.

(2) Distributing organizations as donees. The following organizations are treated as donees for purposes of section 170(f)(17) and paragraph (a) of this section, even if the organization (pursuant to the donor's instructions or otherwise) distributes the amount received to one or more organizations described in section 170(c):

(i) An organization described in section 170(c).

(ii) An organization described in 5 CFR 950.105 (a Principal Combined Fund Organization (PCFO) for purposes of the Combined Federal Campaign (CFC)) and acting in that capacity. For purposes of the requirement for a written communication under section 170(f)(17), if the donee is a PCFO, the name of the local CFC campaign may be treated as the name of the donee organization.

# (e) Substantiation of out-of-pocket expenses.

Paragraph (a)(1) of this section does not apply to a donor who incurs unreimbursed expenses of less than $250 incident to the rendition of services, within the meaning of § 1.170A-1(g). For substantiation of unreimbursed out-of-pocket expenses of $250 or more, see § 1.170A-13(f)(10).

# (f) Charitable contributions made by partnership or S corporation.

If a partnership or an S corporation makes a charitable contribution, the partnership or S corporation is treated as the donor for purposes of section 170(f)(17) and paragraph (a) of this section.

# (g) Transfers to certain trusts.

The requirements of section 170(f)(17) and paragraphs (a)(1) and (3) of this section do not apply to a transfer of a cash, check, or other monetary gift to a trust described in section 170(f)(2)(B); a charitable remainder annuity trust, as described in section 664(d)(1) and the corresponding regulations; or a charitable remainder unitrust, as described in section 664(d)(2) or (d)(3) and the corresponding regulations. The requirements of section 170(f)(17) and paragraphs (a)(1) and (2) of this section do apply, however, to a transfer to a pooled income fund, as defined in section 642(c)(5).

# (h) Effective/applicability date.

This section applies to contributions made after July 30, 2018. Taxpayers may rely on the rules of this section for contributions made in taxable years beginning after August 17, 2006.

[T.D. 9836, 83 FR 36422, July 30, 2018]

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In this part (40 sections)
  1. 1.169-1 · Amortization of pollution control facilities.
  2. 1.169-2 · Definitions.
  3. 1.169-3 · Amortizable basis.
  4. 1.169-4 · Time and manner of making elections.
  5. 1.170-3 · Contributions or gifts by corporations (before amendment by…
  6. 1.170A-1 · Charitable, etc., contributions and gifts; allowance of…
  7. 1.170A-2 · Amounts paid to maintain certain students as members of the…
  8. 1.170A-3 · Reduction of charitable contribution for interest on certain…
  9. 1.170A-4 · Reduction in amount of charitable contributions of certain…
  10. 1.170A-4A · Special rule for the deduction of certain charitable…
  11. 1.170A-5 · Future interests in tangible personal property.
  12. 1.170A-6 · Charitable contributions in trust.
  13. 1.170A-7 · Contributions not in trust of partial interests in property.
  14. 1.170A-8 · Limitations on charitable deductions by individuals.
  15. 1.170A-9 · Definition of section 170(b)(1)(A) organization.
  16. 1.170A-10 · Charitable contributions carryovers of individuals.
  17. 1.170A-11 · Limitation on, and carryover of, contributions by…
  18. 1.170A-12 · Valuation of a remainder interest in real property for…
  19. 1.170A-13 · Recordkeeping and return requirements for deductions for…
  20. 1.170A-14 · Qualified conservation contributions.
  21. 1.170A-15 · Substantiation requirements for charitable contribution of…
  22. 1.170A-16 · Substantiation and reporting requirements for noncash…
  23. 1.170A-17 · Qualified appraisal and qualified appraiser.
  24. 1.170A-18 · Contributions of clothing and household items.
  25. 1.171-1 · Bond premium.
  26. 1.171-2 · Amortization of bond premium.
  27. 1.171-3 · Special rules for certain bonds.
  28. 1.171-4 · Election to amortize bond premium on taxable bonds.
  29. 1.171-5 · Effective date and transition rules.
  30. 1.172-1 · Net operating loss deduction.
  31. 1.172-2 · Net operating loss in case of a corporation.
  32. 1.172-3 · Net operating loss in case of a taxpayer other than a…
  33. 1.172-4 · Net operating loss carrybacks and net operating loss…
  34. 1.172-5 · Taxable income which is subtracted from net operating loss to…
  35. 1.172-6 · Illustration of net operating loss carrybacks and carryovers.
  36. 1.172-7 · Joint return by husband and wife.
  37. 1.172-8 · Net operating loss carryovers for regulated transportation…
  38. 1.172-9 · Election with respect to portion of net operating loss…
  39. 1.172-10 · Net operating losses of real estate investment trusts.
  40. 1.172-13 · Product liability losses.
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