Original Message:
Sent: 9/22/2025 9:59:00 AM
From: Meg Tallman
Subject: RE: QPQ risk to institution or donor
Thanks, John, and thank you for the additional reference to IRC 6720 - Fraudulent Acknowledgements.
Please, by all means, do not construe anything I asked to imply anything but a desire to be in compliance with all laws.
The clarification of consequences in an important part of understanding the importance of compliance.
I appreciate your insights. They help underscore the criticality of practices that the institution already has in place.
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Meg Tallman
University of Delaware
mtallman@udel.edu
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Original Message:
Sent: 09-22-2025 04:47 AM
From: John Taylor
Subject: QPQ risk to institution or donor
You are looking at an older text. The penalty for overstating a contribution is the greater of $1,000 or the amount of the overstated contribution for each false statement. See IRC 6720 - Fradulent Acknowledgements.
I do not have recent personal knowledge of a charity being fined. These are typically not announced by either the IRS or the charity for obvious reasons. However, the lack of public information should not be construed to mean it's acceptable to violate Federal law!
When I speak on this topic, I use the example of speeding in your car. Some people do and don't get caught. Others do get caught, but they don't run around telling people! Furthermore, if I get a speeding ticket, that's on me. If you issue a fraudulent receipt, that's on your institution. I'd never knowingly break any law that would get my employer in trouble.
John
John H. Taylor, PrincipalJohn H. Taylor Consulting, LLC
2604 Sevier Street
Durham, NC 27705
919.816.5903 (cell/text)
Serving the Advancement Community Since 1987
Original Message:
Sent: 9/22/2025 1:52:00 AM
From: Meg Tallman
Subject: QPQ risk to institution or donor
Hello,
The definitions of quid pro quo are very clear via AASP resources. Between John's annual presentation and the examples shared in other threads, the guidelines of what constitutes a quid pro quo are well defined.
In order to continue to reinforce the importance of following guidelines, it would help me to be able to explain in a tangible way the RISK to wither the institution or the donor if a quid pro quo exists and is not properly documented. I see the following statement in page 10 of Pub 1771:
"A penalty is imposed on charities that do not meet the written disclosure requirement. The penalty is $10 per contribution, not to exceed $5,000 per fundraising event or mailing. An organization may avoid the penalty if it can show that failure to meet the requirements was due to reasonable cause."
Does anyone have an example of the extent to which some institutions HAVE been penalized? Are donors exposed to penalties, and to what extent? Please share your stories, if you are willing, of the RISKS borne by all involved if a quid pro quo is not properly identified and documented. I want to help make it plain how important it is to maintain a compliant state. Thanks!
--Meg
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Meg Tallman
University of Delaware
mtallman@udel.edu
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