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Regulations pending OIRA review: Payments to charitable entities in return for consideration

Payments to charitable entities for consideration

OMB’s Office of Information and Regulatory Affairs (OIRA) has received for review from the U.S. Treasury Department proposed regulations concerning the tax treatment of payments made to charitable entities in return for consideration.


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Treasury regulations that are identified as “major” regulations are subject to review by OMB’s OIRA before being issued, pursuant to Executive Order 13771.

The 2017 tax law (Pub. L. No. 115-97 that is also referred to as the “Tax Cuts and Jobs Act” (TCJA)) included several measures relevant to exempt organizations and their donors. The OIRA website does not specify which provisions of the TCJA are the subject of the proposed regulations now pending OIRA review.

According to OIRA, the proposed regulations received for review on October 29, 2019, are identified as:

  • RIN: 1545-BP40: Treatment of payments to charitable entities in return for consideration [TCJA]

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