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The statement need not be in any particular form, but the disclosure must be
made in a manner that is reasonably likely to come to the attention of the donor.
See H.R. Rep. No. 213, 103d Cong., 1st Sess. 566 n.35. A disclosure of the required
information in small print set forth within a larger document might not meet the
requirement.

A penalty of $10 is usually imposed for each quid pro quo contribution for
which the required written statement is not provided. See Code section 6714(a).
The penalties will apply if an organization either fails to make any disclosure in
connection with a quid pro quo contribution or makes a disclosure that is
incomplete or inaccurate. See H.R. Rep. No. 213, 103d Cong., 1st Sess. 566.
However, the aggregate penalty for a particular fundraising event or mailing may
not exceed $5,000, and the penalty is excused for a contribution if the failure to
provide the statement is due to reasonable cause. See Code section 6714(a), (b).

A donor receiving a quid pro quo contribution can generally rely on a written

acknowledgment provided by the charity in valuing the charitable gift, but a donor
must disregard the charity’s valuation if the donor knows, or has reason to know,
that such treatment is unreasonable. See Treas. Reg. section 1.170A-1(h)(4).

e. Information Return Requirement for Donee Organizations Selling
Contributed Property Within Three Years of Receipt

If a recipient of charitable deduction property sells, exchanges, or otherwise
disposes of the property within two years after receiving it, it must file a Form 8282,
which is an information return showing:

• The donor’s name, address, and taxpayer identification number;

• A description of the property;

• The date of the contribution;

• The amount received on the disposition;

• The date of such disposition;

• A description of the donee’s use of the property; and

• A statement indicating whether the use of the property was related to
the purpose or function constituting the basis for the donee’s
exemption under Code section 501. See Code section 6050L(a)(1).

WASHINGTON NONPROFIT HANDBOOK -161- 2018