How To File a Complaint
If you believe a charity or commercial fundraiser is operating in an illegal manner, you may contact the Attorney General’s Office. For the online complaint form, paper form, or additional contact information please visit http://www.atg.wa.gov/fileacomplaint.aspx
Most charities are reputable organizations that do their best to make good use of your charitable donations. Unfortunately, some charities and their paid fundraisers, are not. The following is designed to answer common questions and provide information to assist you with personal giving decisions.
It is important to research the charity before you decide to give. If you are asked to make a donation either in person, by phone, or by mail -- ask questions!
Who is making the request; a charity or a commercial fundraiser? Is the charity or fundraiser registered with the Secretary of State as required by law? What is the name, address, and telephone number of the organization asking for the donation? How will the donation be used? What percentage of the donation will actually be spent on the charitable purpose of the organization? (In some instances, less than 20 percent of the money collected will be applied to a charitable cause.)
Registration with the Secretary of State does not address an organization's "legitimacy." The Charities Program will be able to confirm if an organization has met the state registration requirements. If the organization has registered, the Charities Program will supply the information as provided by the organization. The information available from the Secretary of State, combined with other available resources, is intended to assist the public in making informed decisions, before making a contribution.
You may contact the Charities Program by calling our toll-free number 1-800-332-4483. Local or out-of-state callers should call (360) 725-0378. The program also offers an online search of registered charities and fundraisers. Other resources include your local Better Business Bureau, including several Internet sites that have been established to aid in your research of charitable organizations.
Commercial Fundraisers are also required to register annually with the Charities Program. Consumers may contact the Charities Program by calling the toll-free number 1-800-332-4483. Local or out-of-state callers should call (360) 725-0378. The Charities program also offers an online search of the Charities Database. General and financial information is available and will assist potential donors in understanding how their contribution will be used, before committing to a donation.
The Charities Program also publishes the "Commercial Fundraiser Activity Report" each year near the holiday season, when charitable solicitations are at their peak. The report provides valuable information regarding how funds are distributed by commercial fundraisers to their charity clients. The report may be accessed here
The Washington State Charitable Solicitations Act does not provide an "acceptable" or minimal percentage that must be used towards an organization's program service. Anyone involved in donating to charitable organizations should predetermine their own "minimum percentage standard."
Under the Charitable Solicitations Act, an individual soliciting a contribution MUST:
An individual soliciting a contribution MUST NOT:
If the required disclosures above are not provided - ASK! Take the time to seek the information that is required, and any additional information that may be important to you, and/or will help in your decision making process. The organization has contacted you, asking you to donate your hard-earned money. You will learn a lot about the organization simply by how they respond to your questions. An organization should be more than willing to take the time to answer your questions. Take notes and follow up by utilizing the many resources available to verify the information they have provided.
Donors may be able to claim a tax deduction for gifts of fine art, wine, tickets (e.g.) theatre, opera, sporting events, entertainment, etc.) and other tangible property to be auctioned at a fundraising event. IRS Publication 561 has more information.
Some donated property must have a qualified appraisal to determine the fair market value, such as book collections, fine art, jewelry (gems and precious metals), boats, and real estate. Generally, you will need an appraisal for donations of property for which you claim a deduction of $5,000 or more. Please see IRS Bulletin 2006-46 – Guidance Regarding Appraisal Requirements for Non-cash Gifts.
Special rules apply to vehicles. The amount a donor may deduct for a vehicle contribution depends upon what the charity does with the vehicle as reported in the written acknowledgment sent by the charity. Charities typically sell the vehicles that are donated to them. If the charity sells the vehicle, generally the deduction is limited to the gross proceeds from the sale. However, there are certain exceptions, and you can learn more about them in IRS Publication 4303 “Donor's Guide to Vehicle Donations”.
No tax deduction is allowed for the donation of your personal or professional services to a charitable organization or the value of your time spent volunteering. However, you may be able to take a deduction for travel expenses including air, rail or bus transportation, out of pocket expenses for car, taxi fares or other costs of transportation. See IRS Publication 526 for more information.
The IRS limits the amount you can claim as a deduction when goods or services are received by the donor in exchange for the donation. For example, if a donor gives a charity $100 and receives a concert ticket valued at $40, the donor has made a quid pro quo contribution. In this example, the charitable contribution part of the payment is $60 which is the amount of the contribution made in excess of the value of goods received. It is the responsibility of the organization to make a good faith estimate of the value of the goods and services received. See IRS Publication 1771 – Charitable Contributions for more information.
Generally, donors must have written documentation to support their tax deduction for noncash gifts. Varying levels of documentation are required depending on the value of the donation. If the donor claims:
$250 or less - written records and a receipt (if practical) from the tax-exempt organization(s) are required to support the deduction. More than $250 and up to $500 - written records and a written acknowledgement from the tax-exempt organization(s), as described in the next question, are required to support the deduction.
See IRS Publication 1771.
Tax-exempt organizations generally must provide the donor with an acknowledgement (without stating the value of the non-cash donation) to enable donors to claim the tax deduction. The organization is not responsible for determining the fair market value of donated items. The law imposes a penalty on a charity that does not provide the required acknowledgement. However, when donors drop off items worth $250 or less at unattended donation locations, an acknowledgement is not required.
A tax-exempt organization is required to provide written documentation to support the deduction and must include the following information:
The name, address, and tax ID number of the tax-exempt organization Date and location of the gift Description (list of specific items)
A written acknowledgement may be provided at the time the donation is made, or by January 31st of the following year. The written acknowledgement can be either a paper document or in electronic format, such as an e-mail addressed to the donor.
There are examples of written acknowledgements, follow the link to IRS Publication 1771.
The donor must file Form 8283 if the amount of their deduction for all noncash gifts is valued at more than $500. Form 8283 has two sections. Use Section A to report donations of property of $5,000 or less. Use Section B for donations of more than $5,000. Fair Market Value (FMV) is the price a willing, knowledgeable buyer would pay a willing, knowledgeable seller when neither has to buy or sell.
The donor is responsible to prepare the form and the tax exempt organizations only obligation is to complete the “Donee Acknowledgement” section in Part IV. The person acknowledging the gift must be an official authorized to sign the tax returns of the organization or a person specifically designated to sign Form 8283. There are a number of additional requirements so for more information it is highly recommended that the organization see the IRS Instructions for Form 8283.
Charitable donations must meet specific criteria with the IRS to be tax deductible. The IRS does not require a charitable organization to provide a written acknowledgement of a donation that is not tax-deductible. If an organization receives a non-deductible item, then it should not provide a donor acknowledgement that might be mistakenly used to claim a tax deduction, but the organization can still thank the donor for the gift. For example, some organizations modify their normal thank you letter to state that the item is not tax deductible but that they appreciate the gift.