And you are asking me this why?

AACT alerted me to a proposed IRS regulation that appears to have little justification. It proposes to provide an optional reporting mechanism for charitable contributions. The current system is simple: you get a letter with your name and how much you gave. The proposal on the table is for the charity to report your information on the Form 990 that it submits to the IRS. What’s the catch? To do that, the charity would have to collect and store your social security number.

The opportunities for identity theft and fraud are too scary to me.

Tim Delaney of the National Council of Nonprofits has the talking points.

The proposed regulation, Substantiation Requirement for Certain Contributions, is part of the Federal Register. Public comments are being solicited, but take note that the deadline for comments is next Wednesday, 16 December.

The Council of Nonprofits has guidelines for making effective public comments, as does regulations.gov.

Here is the comment that I posted:

I am writing as a small-dollar donor to many charitable organizations. On average, I give $50-100/year to each of about 50 organizations, with one larger donation each year in the $250-1000 range. I perform volunteer service for several nonprofit organizations. I am also a board member for a nonprofit; however, I am not writing today as a representative of that nonprofit.

The proposed regulation strikes me as unjustified; indeed, “The present CWA system works effectively, with minimal burden on donors and donees, and the Treasury Department and the IRS have received few requests since the issuance of TD 8690 to implement a donee reporting system.” The present system works for me, and I receive letters of acknowledgement from almost all the organizations to which I donate. I question the motivations and reasoning of the taxpayers referred to as “under examination for their claimed charitable contribution deductions” who argue in favor of the proposed amended Form 990. Surely someone with the financial wherewithal to make regular $250+ contributions can be expected to show due diligence and follow up with a donee organization to get timely CWA documentation.

I am troubled by the opportunities for identity theft and fraud that the proposed regulation would introduce. In my judgment, the requirement to securely transmit and store taxpayer identification numbers would be a burden on most smaller nonprofits. And to the extent that fears of identity theft would have a small, but real, chilling effect on the size and frequency of donations to nonprofits, I am deeply concerned.

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