Treasury, IRS Loosen Donor Identification Requirements

Treasury, IRS Loosen Donor Identification Requirements

The U.S. Department of the Treasury has announced that the Internal Revenue Service will no longer require 501(c) organizations other than 501(c)(3)s to file personally identifiable information about donors on their Form 990s.

While the procedure does not affect the statutory reporting requirements that apply to tax-exempt groups organized under section 501(c)(3) or section 527, it will exempt associations, labor unions, social welfare organizations, and other groups from having to file Schedule B information with their 990s — though organizations must still collect that information and make it available to the IRS upon request.

According to Treasury department officials, the information was not necessary for the government to enforce tax laws, and the change itself will better protect private taxpayer information. "Americans shouldn't be required to send the IRS information that it doesn't need to effectively enforce our tax laws, and the IRS simply does not need tax returns with donor names and addresses to do its job in this area," said U.S. Treasury Secretary Steven T. Mnuchin. "The IRS's new policy for certain tax-exempt organizations will make our tax system simpler and less susceptible to abuse."

However, Philip Hackney, an associate professor at the University of Pittsburgh School of Law and former IRS attorney, told the NonProfit Times that, from a tax-exemption perspective, the Schedule B requirement was crucial to the agency's federally mandated oversight of the nonprofit sector. No longer requiring the information "does harm to our democracy and harm to the IRS's ability to oversee the tax law generally," he said. And because the IRS is willingly giving up important data related to where money is flowing in a tax-exempt manner from wealthy individuals, Hackney added, "[i]t makes it [easier] for wealthy interests to influence our political system covertly."