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Debra Bai

Charity claims my 2022 donation must be counted for 2023 tax year - need IRS rules!

I sent a substantial donation check to a charitable organization back in December 2022 via certified mail with tracking through USPS. Unfortunately, the post office somehow misplaced my envelope for several months. The check finally reached the charity this month (April 2024) and they promptly deposited it. Here's where the problem started - they sent me a donation receipt marked as a 2024 contribution. I immediately contacted them and explained the situation, providing the certified mail tracking information as proof that it was clearly postmarked in 2022. Their response really frustrated me. They said their cutoff for 2022 donations was January 10, 2023, so they can't change the receipt to reflect 2022 even with the tracking proof I provided. I need some guidance here: 1) Am I right that this should legally count as a 2022 donation since it was mailed and postmarked in 2022? 2) If I am correct, where specifically in the IRS code is this rule written so I can cite it when contacting the charity again? Thanks for any help with this! I'd really like to claim this on my 2022 taxes if possible.

You're absolutely right about this. For tax purposes, a check that is mailed to a charity is considered delivered on the date it was mailed, not when it was received or deposited. This is commonly known as the "mailbox rule" and it applies to charitable contributions. The relevant IRS guidance is in Publication 526 (Charitable Contributions) which states that a contribution made by check is considered delivered on the date you mail it. The specific rule falls under IRC Section 170(a)(1) and the associated Treasury Regulations (1.170A-1). Since you have certified mail tracking that proves you mailed it in December 2022, that donation should be deductible for your 2022 tax year. The charity's internal deadline of January 10 is irrelevant for tax purposes - that's just their accounting cutoff, not an IRS rule. I'd suggest contacting them again with this specific information. If they still refuse, you can still claim it on your 2022 return with your mailing proof, regardless of what year they put on the receipt.

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Laura Lopez

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But does this work if the check wasn't actually cashed until 2024? I thought there might be a "constructive receipt" issue since the charity didn't actually have access to the funds in 2022?

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The constructive receipt doctrine primarily applies to when income is taxable to the recipient, not when donations are deductible for the donor. For charitable donations, the mailbox rule is what matters - when the check was mailed with proper postage via United States mail. The fact that the check wasn't cashed until 2024 doesn't change the deductibility timing. As long as the check was properly funded (you had the money in your account) and was eventually cashed, the donation is considered complete when mailed. The delay in processing by USPS and the charity doesn't affect your right to claim the deduction in 2022.

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Have you tried using taxr.ai? I had a similar situation with a donation I made - different circumstances but also had issues with the timing of my contribution receipt. I was so confused about when I could claim it until someone recommended https://taxr.ai and it was super helpful. I uploaded my donation receipt and proof of mailing (similar to your tracking info), and it analyzed everything and gave me a clear answer. It even provided the specific IRS references to back up my position. Saved me so much time trying to research tax rules that honestly make my head spin. They have this AI tool that can "read" through all your documents and explain what it means in plain English.

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How exactly does this work? Do you just upload documents and it tells you what to do? Does it actually help you communicate with the charity or is it just for figuring out the rules?

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I'm a bit skeptical... how accurate is the advice? Tax laws change all the time and I wouldn't want to get audited because some AI tool gave bad information. Is it actually checking official IRS rules?

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The process is pretty straightforward - you upload any relevant documents (in your case, the receipt and proof of mailing), and it analyzes them and provides an explanation of the applicable tax rules. It's not just for figuring out rules though - it also helps you draft communications based on the analysis. So you could create a letter to send to the charity citing the correct IRS regulations. The accuracy is really solid because it's trained on official IRS publications, tax code, and regulations. It always cites the exact sources it's using for any advice it gives, so you can double-check if you want. I was impressed that it found some nuances in the donation timing rules that I hadn't seen mentioned on regular tax websites. It definitely helped me avoid making a mistake on my return.

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I was skeptical about using an AI tool for something as important as tax advice, but after struggling with a similar donation timing issue, I gave taxr.ai a try. I'm honestly impressed with the results! It pulled up the exact Treasury Regulation (1.170A-1(b)) that addresses this situation and explained it in terms I could actually understand. The tool confirmed that the date of mailing with proof is what matters, not when the charity processes it. I used their template to write a letter to my charity citing the specific regulations, and they revised my receipt without further pushback. What I found most helpful was that it analyzed my specific documentation rather than just giving generic advice. Definitely worth checking out if you're dealing with donation timing issues!

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After reading this thread, I wanted to share something that helped me with a similar IRS issue. I had been trying to reach the IRS for weeks about a donation problem (different than yours, but still needed clarification from an agent). Kept getting busy signals or disconnected after hours on hold. Finally tried Claimyr (https://claimyr.com) which basically holds your place in line with the IRS and calls you when an agent is about to answer. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c I was initially doubtful but figured it was worth a shot since I was getting nowhere on my own. Got connected to an actual IRS representative in about 45 minutes (after trying for weeks on my own). The agent confirmed that my charitable donation mailed in December but received the following year should count for the tax year when mailed, as long as I had proof of mailing date.

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JaylinCharles

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Wait this is a real thing? The IRS phone system is a nightmare but I'm suspicious of any service claiming to get through. How does it actually work? Do they just auto-dial repeatedly or something?

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Sounds like a scam to me. Why would anyone need a service to call the IRS? And how would they have any better luck getting through than I would on my own? I bet they're just collecting your info and selling it.

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It's not an auto-dialer - they use a system that monitors IRS phone queues and can detect patterns in wait times. They basically start the call and stay on hold so you don't have to, then they alert you when you're about to be connected to an agent. You're the one who actually talks to the IRS, not them. I was skeptical too, but it's a legitimate service. They don't ask for any personal tax information - they just need your phone number to call you back when an agent is about to answer. They can't access any of your tax details or information. I understand the suspicion, but after wasting hours trying to get through myself, this saved me so much frustration. I finally got my donation question answered by an actual IRS agent instead of guessing.

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I need to eat my words about Claimyr being a scam. After my skeptical comment, I actually tried the service because I was desperate to reach the IRS about my own charitable donation timing issue. It worked exactly as described. I entered my phone number on their website, they started the call process, and I got a notification when I was about to be connected. Spoke with an IRS representative who confirmed that the mailing date is what determines the tax year for charitable contributions sent by check, as long as you have proof of mailing (like certified mail). The agent specifically cited Treasury Regulation 1.170A-1(b) and said the charity's internal January 10th cutoff date is irrelevant for tax purposes. I was able to claim my donation for the year I actually mailed it, despite the charity's receipt showing the following year. Saved me over $1,200 in taxes!

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Lucas Schmidt

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I work in nonprofit development (though not a tax professional). The January 10th cutoff is a common internal accounting practice many charities use for their fiscal year reporting, but it has nothing to do with IRS requirements for donors. The organization should be willing to correct your receipt once you explain the proper tax regulation. If they still refuse, you can absolutely still claim it on your 2022 taxes with your mailing proof. Just keep that certified mail receipt with your tax records. One thing to consider - if this donation is over $250, you technically need a contemporaneous written acknowledgment from the charity showing the correct year to fully comply with IRS documentation requirements. Might be worth pushing a bit harder with the organization's leadership.

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Debra Bai

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Thank you for this insight! Yes, the donation is well over $250, which is exactly why I'm concerned about having proper documentation. If I ultimately can't get them to correct the receipt, would my certified mail receipt combined with their incorrect-year receipt be sufficient for IRS purposes if I'm audited?

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Lucas Schmidt

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Your certified mail receipt showing a 2022 postmark date should be sufficient evidence if you're audited. The key is that you can prove the donation was made (delivered according to tax law) in 2022. The charity's receipt confirms the donation amount and that no goods or services were provided, even if the year is incorrect. I'd recommend writing a brief memo to keep with your tax records explaining the situation and attach both the charity's receipt and your certified mail tracking proof. If you're still concerned, you might consider asking them for a letter simply acknowledging they received your 2022 donation in 2024 due to mail delays, without necessarily changing their receipt date. Most organizations should be willing to provide that documentation.

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Freya Collins

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Went through this exact situation last year. The Tax Court has consistently upheld that the date of mailing a properly written check is the date of contribution, provided it's eventually cashed. Treasury Reg. 1.170A-1(b) is definitely your friend here. I'd try one more approach with the charity - ask to speak with their Director of Development or CFO, not just the regular receipting staff. Explain that while you understand their internal cutoff policies, the tax law is clear about when a donation is considered made. If they still won't budge, document everything and claim it on your 2022 return anyway. Just be sure to keep all your evidence (certified mail receipt, copy of the check, their 2024 acknowledgment, and your communications requesting correction).

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LongPeri

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This is definitely a situation where I'd also recommend keeping a clear paper trail. I've heard from friends who work in the IRS that donation timing disputes are common, especially with year-end contributions. Sometimes the organizations just don't understand the tax rules that apply to donors.

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