National Tax Security Awareness Week: Giving Tuesday highlights that scammers may use phony charities to trick taxpayers

On Giving Tuesday, the Internal Revenue Service and its Security Summit partners warned taxpayers to be on alert for scammers using fake charities to commit fraud not just during the holiday season but year-round.

On day two of Nationwide Tax Security Awareness Week, the IRS and its Security Summit partners urge people to make sure their money goes only to legitimate charities. Being alert to potential scams will not only shield a taxpayer’s money but also help protect personal and financial data that can be used in tax-related identity theft.

“People should watch out for fake charities, which create problems on multiple fronts,” said IRS Acting Commissioner Doug O’Donnell. “Not only can well-intentioned donors lose out on their money and a potential charitable donation credit, but their personal financial information could also be stolen. We urge people to act carefully before they give, including following several tips to make sure the charity is legitimate.”

Working together as the Security Summit, the IRS, state tax agencies and the nation’s tax software and tax professional industries are providing tips this week to help protect people against identity theft as well as help safeguard sensitive tax information that criminals can use to try to file fake tax returns and obtain refunds. This effort is part of National Tax Security Awareness Week, now in its seventh year.

Scammers often take advantage of people’s generosity by setting up fake charities to trick unsuspecting donors into giving away not only money, but also their sensitive personal information. They can use the holiday season and other timely events, such as recent disasters, to try to reach out to people and lure them into a donation. Scams requesting donations for disaster relief efforts are especially common over the phone. However, scammers also use emails, text messages, websites and social media messages that mimic a legitimate charity to trick people into giving money or personal information.

The IRS and its Security Summit partners urge people to make sure their money goes only to legitimate charities. Being alert to potential scams will not only shield a taxpayer’s money but also help protect personal and financial data that can be used in tax-related identity theft.

Tips to avoiding fake charity scams:

  • Don’t give in to pressure. Scammers often use the technique of urgent need to pressure people into making an immediate payment. Legitimate charities are happy to get a donation at any time, there’s no rush. Donors are encouraged to take time to do their own research. Don’t forget that scammers may alter or “spoof” their caller ID to make it look like a real charity.
  • Be wary about how a donation is requested. Taxpayers shouldn’t work with charities that ask for donations by giving numbers from a gift card or by wiring money. That’s a scam. It’s safest to pay by credit card or check — and only after researching the charity. 
  • Don’t give more than needed. Scammers are seeking money, but personal information can be just as valuable. Taxpayers should treat personal information like cash and not hand it out to just anyone. Never give out Social Security numbers, credit card numbers or PIN numbers. Donors should only give limited financial information when the person is sure the charity is legitimate.

Taxpayers who give money or goods to a charity may be able to claim a deduction on their federal tax return by reducing the amount of their taxable income if they itemize and don’t take the standard deduction. However, for people itemizing to receive a deduction, taxpayers must donate to a qualified charity.

NASCO submits comments to the IRS regarding Tax-Exempt Organization Forms

On November 28, 2022, the Board of Directors of the National Association of State Charity Officials submitted a letter in response to the Internal Revenue Service’s Notice and Request for Comments on Tax-Exempt Organization Forms.  NASCO requested that the IRS address the timely availability of Forms 990 and reiterated NASCO’s request that the IRS revisit the use of the abbreviated Form 1023-EZ.  Please find the letter here.

IRS joins effort to fight charity fraud during international recognition week

The Internal Revenue Service announced its continued support by joining international efforts to fight fraud during Charity Fraud Awareness Week, October 17-21.

The IRS partners in this effort as part of its ongoing commitment to fight fraud against charities, businesses and individuals. It’s estimated that charitable organizations will lose 5% of their revenue each year to fraud, according to the Fraud Advisory Panel, a UK-based organization leading the effort by organizing this week of awareness. Experts say cybercrime is on the rise, including attacks on charities, their supporters and beneficiaries.

Charities, regulators, agencies, law enforcement and other not-for-profit stakeholders around the world are working together to raise awareness about fraud and cybercrime that affects charities. These efforts resulted in seven days when supporters actively discuss fraud, share best practices and offer helpful resources.

How to verify a charity

“We’d like to thank the Fraud Advisory Panel for reminding donors to remain vigilant,” said IRS Director of Exempt Organizations & Government Entities Rob Malone. “Unfortunately, natural disasters, like Hurricane Ian, provide an opportunity for charity scammers to take advantage of genuine efforts to help. I urge donors to verify a charity’s tax-exempt status at Tax Exempt Organization Search before donating goods, services or money.”

Fake Charities

In addition to cybercrime targeting charities, criminals who create fake charities are also a problem. Fake charities are part of the IRS’s Dirty Dozen tax scams for 2022. As noted above, taxpayers should verify legitimate and qualified charities using the Tax Exempt Organization Search tool on IRS.gov. Donors should never feel pressured to give immediately.

Links to more information

A special website was created for Charity Fraud Awareness Week and features information to help partners, charities and other tax-exempt organizations and non-profits find:

  • Details about the awareness week
  • Free resources
  • A fraud pledge for organizations
  • A listing of webinars and other events

Those encouraged to participate in the week’s activities include:

  • Trustees, staff and volunteers from charities, non-government organizations and non-profits
  • Organizations that represent the interests of non-profits
  • Accountants, auditors and those acting as professional advisors to non-profits
  • Regulators, law enforcement officials and policymakers working to safeguard non-profits

NASCO letter to IRS regarding 501(c)(3) status for an LLC

On February 4, 2022, the NASCO Board submitted comments to the IRS in response to the Notice 2021-56 invitation to comment on standards that an LLC must meet to obtain 501(c)(3) status.  Through these comments, the NASCO Board supported the standards that the IRS and Treasury Department currently apply and requested that the IRS and Treasury Department consider the importance of state charity oversight and the variation of state law applicable to oversight of LLCs and formation of charitable LLCs.  The Board also recommended that tax-exempt standards for charitable LLCs require similar notifications to state charity officials as those under state nonprofit corporation law.  And finally, the Board offered to help connect the IRS and Treasury Department with any individual state charity official office for any state-specific questions.

Please find the link to the NASCO letter here.