Overview
Today, Treasury and the IRS issued proposed regulations to implement an exception to the “contemporaneous written acknowledgement” (CWA) requirement for substantiating charitable contribution deductions of $250 or more. Under section 170(f)(8)(D), a CWA is not required if the donee organization files a return, on such form and in accordance with such regulations as the Secretary may prescribe, that includes the information described in section 170(f)(8)(B). The proposed regulations provide rules concerning the time and manner for donee organizations to file information returns that report the required information. According to the preamble, Treasury and the IRS have concluded that “the Form 990 series should not be used for donee reporting. Instead, before finalization of these proposed regulations, the IRS intends to develop a specific-use information return for donee reporting.” The regulations are proposed to apply to contributions made on or after the date of publication of final regulations.