Who this applies to: Read this article if your organization receives charitable donations.
As summer gives way to autumn and year-end draws closer, many individuals turn their attention to charitable giving. With donations often increasing during this time of year, we want to share some best practices and considerations to help nonprofit organizations navigate the season of giving.
Donor acknowledgment letters
It is important for organizations receiving gifts to consider the following guidelines, as doing some work now may save you time (and maybe a fine or two) later.
Charitable (i.e., 501(c)(3)) organizations are required to provide a timely donor acknowledgment letter to all donors who contribute $250 or more to the organization, whether it be cash or non-cash items (e.g., publicly traded securities, real estate, artwork, vehicles) received. The letter should include the following:
- Name of the organization
- Amount of cash contribution
- Description of non-cash items (but not the value)
- Statement that no goods and services were provided (assuming this is the case)
- Description and good faith estimate of the value of goods and services provided by the organization in return for the contribution
Additionally, when a donor makes a payment greater than $75 to a charitable organization partly as a contribution and partly as a payment for goods and services, a disclosure statement is required to notify the donor of the value of the goods and services received in order for the donor to determine the charitable contribution component of their payment.
If a charitable organization receives noncash donations, it may be asked to sign Form 8283. This form is required to be filed by the donor and included with their personal income tax return. If a donor contributes noncash property (excluding publicly traded securities) valued at over $5,000, the organization will need to sign Form 8283, Section B, Part IV, acknowledging receipt of the noncash item(s) received.
For noncash items such as cars, boats, and even airplanes that are donated, there is a separate Form 1098-C, Contributions of Motor Vehicles, Boats, and Airplanes, which the donee organization must file. A copy of the Form 1098-C is provided to the donor and acts as acknowledgment of the gift. For more information, you can read our article on donor acknowledgments.
Gifts to employees
Many employers also find themselves in a giving spirit, wishing to reward employees for another year of hard work. While this generosity is well-intended, gifts to employees can be fraught with potential tax consequences organizations should be aware of. Here’s what you need to know about the rules on employee gifts:
First and foremost, the IRS is very clear that cash and cash equivalents (specifically gift cards) are always included as taxable income when provided by the employer, regardless of amount, with no exceptions. This means that if you plan to give your employees cash or a gift card this year, the value must be included in the employees’ wages and is subject to all payroll taxes.
There are, however, a few ways to make nontaxable gifts to employees. IRS Publication 15 offers a variety of examples of de minimis (minimal) benefits, defined as any property or service you provide to an employee that has a minimal value, making the accounting for it unreasonable and administratively impracticable. Examples include holiday or birthday gifts, like flowers, a fruit basket, or occasional tickets for theater or sporting events.
Additionally, holiday gifts can also be nontaxable if they are in the form of a gift coupon and if given for a specific item (with no redeemable cash value). A common example would be issuing a coupon to your employee for a free holiday ham or turkey redeemable at the local grocery store. For more information, please see our article on employee gifts.
Other year-end filing requirements
As the end of the calendar year approaches, it is also important to start thinking about Form 1099 filing requirements. There are various 1099 forms, including 1099-INT to report interest income, 1099-DIV to report dividend income, 1099-NEC to report nonemployee compensation, and 1099-MISC to report other miscellaneous income.
Form 1099-NEC reports non-employment income, which is not included on a W-2. Organizations must issue 1099-NECs to payees (there are some exclusions) who receive at least $2,000 in non-employment income during the calendar year. This $2,000 threshold is new for 2026—up from the previous $600 limit, which was in place for years. In future years, the threshold will be increased annually (adjusted for inflation). A non-employee may be an independent contractor or a person hired on a contract basis to complete work, such as a graphic designer. Payments to attorneys or CPAs for services rendered that exceed $2,000 for the tax year must be reported on a Form 1099-NEC. However, a 1099-MISC would be sent to an attorney for payments of settlements. For additional questions on which 1099 form to use, please contact your tax advisor.
While federal income tax is not always required to be withheld, there are some instances when it is. If a payee does not furnish their Tax Identification Number (TIN) to the organization, then the organization is required to withhold taxes on payments reported in box 1 of Form 1099-NEC. There are other instances, and the rates can differ, so if you have questions, please reach out to your tax advisor. 1099 forms are due to the recipient and the IRS by January 31.
While the seasons may change, tax reporting and compliance remain reliably consistent. We hope the information above is helpful to organizations as we approach the year's end. As always, BerryDunn’s nonprofit tax team is ready to offer support and guidance.