Title 26, Internal Revenue CodeRelease 119-110

§6710 Failure to Disclose That Contributions Are Nondeductible

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

Last updated Sep 22, 2026|Official source

Summary

Requires an organization that must include a notice saying donations are not tax-deductible to pay $1,000 for each day it fails to include that notice in a fundraising solicitation. The total penalty for an organization in any calendar year cannot go over $10,000. No penalty is charged if the organization shows the failure was for a 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 penalties for intentional disregard, and those penalties are not counted toward the cap for other failures. The day of failure is the day the solicitation aired (TV or radio), was mailed, was distributed in print, or was made by telephone.

Full Legal Text

Title 26, §6710

Internal Revenue Code, Source: USLM XML via OLRC

(a)Imposition of penalty
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)Reasonable cause exception
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)$10,000 limitation not to apply where intentional disregard
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)Day on which failure occurs
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 26, Internal Revenue Code

Last Updated

Sep 22, 2026

Release point: 119-110