Title 26Internal Revenue CodeRelease 119-73

§6710 Failure to disclose that contributions are nondeductible

Title 26 › Subtitle Subtitle F— - Procedure and Administration › Chapter CHAPTER 68— - ADDITIONS TO THE TAX, ADDITIONAL AMOUNTS, AND ASSESSABLE PENALTIES › Subchapter Subchapter B— - Assessable Penalties › Part PART I— - GENERAL PROVISIONS › § 6710

Last updated Apr 6, 2026|Official source

Summary

If an organization covered by section 6113 asks for donations without the required disclosure, it must pay $1,000 for each day the mistake happened, up to $10,000 in one calendar year. No penalty applies if the organization can show the mistake was due to reasonable cause. If the failure was done on purpose, the penalty for that day is the larger of $1,000 or 50 percent of the total cost of that day's solicitations. The $10,000 yearly cap does not apply to that intentional-violation penalty, and that penalty does not count toward the cap for other days. A failure is treated as happening when a TV or radio ad aired, when mail was sent, when printed material was handed out, or when a fundraising phone call was made.

Full Legal Text

Title 26, §6710

Internal Revenue Code — Source: USLM XML via OLRC

(a)If there is a failure to meet the requirement of section 6113 with respect to a fundraising solicitation by (or on behalf of) an organization to which section 6113 applies, such organization shall pay a penalty of $1,000 for each day on which such a failure occurred. The maximum penalty imposed under this subsection on failures by any organization during any calendar year shall not exceed $10,000.
(b)No penalty shall be imposed under this section with respect to any failure if it is shown that such failure is due to reasonable cause.
(c)If any failure to which subsection (a) applies is due to intentional disregard of the requirement of section 6113
(1)the penalty under subsection (a) for the day on which such failure occurred shall be the greater of—
(A)$1,000, or
(B)50 percent of the aggregate cost of the solicitations which occurred on such day and with respect to which there was such a failure,
(2)the $10,000 limitation of subsection (a) shall not apply to any penalty under subsection (a) for the day on which such failure occurred, and
(3)such penalty shall not be taken into account in applying such limitation to other penalties under subsection (a).
(d)For purposes of this section, any failure to meet the requirement of section 6113 with respect to a solicitation—
(1)by television or radio, shall be treated as occurring when the solicitation was telecast or broadcast,
(2)by mail, shall be treated as occurring when the solicitation was mailed,
(3)not by mail but in written or printed form, shall be treated as occurring when the solicitation was distributed, or
(4)by telephone, shall be treated as occurring when the solicitation was made.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Section applicable to solicitations after Jan. 31, 1988, see section 10701(d) of Pub. L. 100–203, set out as a note under section 6113 of this title.

Reference

Citations & Metadata

Citation

26 U.S.C. § 6710

Title 26Internal Revenue Code

Last Updated

Apr 6, 2026

Release point: 119-73