Can this be e-signed?

Yes. Electronic signatures are generally enforceable under the federal ESIGN Act (15 U.S.C. §7001) and state UETA laws where adopted. Ensure the record demonstrates intent to sign, signer attribution, consent to transact electronically, and reliable record retention.

Is notarization required?

Not always. Notarization is usually required for real property transfers and some state-specific instruments. Check local recording requirements and witness rules before execution when the gift involves land or deeds.

What supports tax deductions?

Donors need written acknowledgement for gifts of $250+ (IRC §170(f)(8)), Form 8283 for many noncash gifts, and qualified appraisals for large property donations to substantiate deductions.

How do I revoke a gift?

Revocation depends on the agreement's language and state property law. If an agreement permits revocation, follow those steps; otherwise consult counsel to assess donor intent and possible remedies.

Who must sign the agreement?

The donor and an authorized representative of the charity must sign. For charities, confirm the signer has authority per the organization's bylaws or board resolution.

What supporting documents are required?

Common attachments include charity EIN confirmation, qualified appraisals for noncash gifts, deeds for real property, and any donor communications specifying restrictions.

Electronic Signature
Templates
Miscellaneous
Charitable Donation Agreement

Charitable Donation Agreement

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

CHARITABLE DONATION AGREEMENT

This Charitable Donation Agreement (Agreement) is made effective as of by and between Donor Name: ("Donor") and Donee Name: ("Donee").

Donor Address Donee Address Donor Contact Email Donee Contact Email

WHEREAS

WHEREAS, Donor desires to make a voluntary charitable contribution to Donee for charitable, educational, philanthropic or other public purpose consistent with Donee's mission; and

WHEREAS, Donee represents that it is a bona fide charitable organization qualified to receive tax-deductible contributions under applicable law and agrees to accept and use the donation subject to the terms set forth below; and

WHEREAS, the parties wish to set forth the terms and conditions under which Donor will transfer the donation to Donee.

SCOPE OF DONATION

Description and intended use of the donation. Donor and Donee agree that the donation described below shall be used only for the purposes set forth unless otherwise agreed in writing by both parties.

DONATION DETAILS AND PAYMENT TERMS

Total Donation Amount: $ . Donor shall deliver the donation to Donee according to the schedule below.

Payment Schedule (describe timing and installments)

If payments are in installments, number of installments: ; Installment amount (if applicable): $ ; First payment date: .

Late Payment Fee: If any scheduled payment is not received by Donee within days of its due date, a late fee of percent of the overdue amount per month may be assessed, not to exceed the maximum permitted by law.

Payment Method (select all that apply): Check Wire Transfer Credit/Debit Card Other

USE OF FUNDS; RESTRICTIONS

Donor indicates that the donation is: Unrestricted Restricted (see description below)

If restricted, describe restrictions and reporting requirements

TERM AND TERMINATION

Term: This Agreement shall commence on and shall continue until unless earlier terminated in accordance with this section.

Either party may terminate this Agreement for material breach by the other party after providing written notice and a cure period of days. Upon termination, Donee shall, to the extent practicable and consistent with any donor-imposed restrictions, return any unexpended portion of restricted funds or reallocate them in accordance with applicable law and the terms set forth herein.

CONFIDENTIALITY

For purposes of this Agreement, "Confidential Information" means non-public information disclosed by one party to the other in connection with this Agreement that is designated as confidential or that a reasonable person would understand to be confidential given its nature and the circumstances of disclosure. Confidential Information does not include information that: (a) is or becomes generally available to the public other than through a breach of this Agreement; (b) was lawfully in the receiving party's possession prior to disclosure; (c) is obtained from a third party without breach of an obligation of confidentiality; or (d) is independently developed by the receiving party without use of the disclosing party's Confidential Information.

The receiving party shall protect Confidential Information with at least the same degree of care it uses to protect its own confidential information, shall not disclose it to any third party except to its employees, contractors or advisors who have a need to know and who are bound by confidentiality obligations, and shall use Confidential Information only to perform its obligations under this Agreement. Confidentiality obligations shall survive termination of this Agreement for years.

TAX RECEIPT; REPRESENTATIONS

Donee shall provide Donor with written acknowledgment of the donation suitable for tax purposes in accordance with applicable law. Donor acknowledges that Donee has made no representation as to the tax deductibility of the donation; Donor is solely responsible for determining and claiming any tax benefits.

Each party represents and warrants that it has full power and authority to enter into this Agreement and to perform its obligations hereunder, and that the execution, delivery and performance of this Agreement have been duly authorized.

INDEMNIFICATION AND LIMITATION OF LIABILITY

Each party shall indemnify, defend and hold harmless the other party from and against any third-party claims arising out of the indemnifying party's gross negligence or willful misconduct in connection with this Agreement. Except in cases of fraud, willful misconduct or gross negligence, neither party shall be liable for consequential, incidental, special or punitive damages.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to its conflict of law principles.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings and communications, whether written or oral. Any amendment or modification to this Agreement must be in writing and signed by both parties.

Notices under this Agreement shall be given in writing and delivered to the addresses set forth above or to such other address as a party may designate in writing. Delivery by email is permitted provided a read receipt or other confirmation is obtained.

Donor:

By:

Date:

Donee:

By:

Date:

What a Charitable Donation Agreement Is and When It Applies

A Charitable Donation Agreement is a written contract documenting a donor's transfer of money, property, or services to a charitable organization and any conditions attached to that gift. It records the parties, description and value of the donation, restrictions or designated purposes, and tax-related acknowledgements. The agreement protects donor intent and the charity's right to accept and use the gift as specified. In many cases it supports donor tax substantiation and may be paired with appraisals or IRS forms for noncash gifts.

Why a Formal Agreement Matters for Donors and Charities

A written Charitable Donation Agreement clarifies intent, protects restricted gifts, and supports IRS substantiation for tax deductions while reducing later disputes.

Who Typically Uses a Charitable Donation Agreement

Organizations and individuals use these agreements to document significant gifts, clarify restrictions, and preserve tax documentation.

Individual donors making large cash or noncash gifts, including artwork or real property.
Charitable organizations and foundations receiving restricted or high-value donations.
Legal or development teams that draft, review, and approve gift acceptance policies.

Use the agreement when the donation value or conditions make written documentation prudent for tax, audit, or operational reasons.

How to Complete the Agreement, Step by Step

Follow these core steps to prepare and finalize a Charitable Donation Agreement efficiently.

01

Draft: Describe parties, donation, and restrictions concisely.
02

Attach Support: Add appraisals, deeds, or EIN verification documents.
03

Review: Have charity counsel or finance review acceptance terms.
04

Sign: Obtain signatures from donor and authorized charity representative.

Core Sections to Include in a Professional Agreement

A complete Charitable Donation Agreement contains standard clauses that define the gift, acceptance, and the parties' responsibilities.

Parties

Identify donor and donee by full legal names and addresses, and include organization point of contact for administration and notices.

Donation Details

Describe donated assets in detail, including cash amount or a precise description of noncash property, quantity, and condition.

Restrictions

State any purpose limitations, expenditure timing, or donor-imposed conditions and how the charity will report compliance.

Tax Acknowledgement

Include the charity's tax-exempt status, EIN, and language describing whether any goods or services were provided in exchange.

Appraisal & Valuation

Specify required appraisals or independent valuation for high-value noncash gifts and attach supporting documents per IRS rules.

Signatures

Provide signature blocks for donor and authorized charity signatory, with printed name, title, and date to validate the agreement.

Essential Data Fields at a Glance

Donor Name: Full legal name

Donee EIN: Organization tax ID

Donation Item: Clear asset description

Donation Value: Declared dollar amount

Effective Date: MM/DD/YYYY format

Signatures: Names, signatures, dates

Common Legal and Tax Risks to Watch For

Tax Deduction Risk: Incorrect substantiation

Revocation Dispute: Unclear donor conditions

Improper Use: Funds used outside restrictions

Charity Exposure: Acceptance without due diligence

Valuation Errors: Overstated appraisals

Missing Signatures: Unenforceable agreement

Avoidable Preparation Mistakes

Using vague language for restrictions, which leads to differing interpretations and administration disputes.
Failing to attach a required qualified appraisal for high-value noncash gifts, jeopardizing donor deductions.
Omitting the charity's EIN or incorrect EIN entries, which can invalidate tax acknowledgement statements.
Not documenting transfer mechanics for real property or tangible items, causing title and possession issues.

Typical Execution and Delivery Workflow

A simple workflow reduces friction and preserves evidence of intent and receipt.

Prepare Document: Draft agreement and attach supporting documents.
Send to Signers: Deliver via secure email or signing link.
Authenticate: Use email, SMS OTP, or stronger methods.
Archive: Store executed copy with audit trail.

Digital Workflow Settings to Consider

Configure a signing workflow that enforces required fields and preserves audit information.

Field	Configuration
Signature Method	Electronic signature with audit trail
Authentication	Email or SMS OTP; KBA for higher assurance
Attachments	Require appraisal, deed, EIN letter
Retention	Store executed copy with metadata

Platform Capabilities and Integration Notes

Choose a platform that supports the file types, signatures, and audit trail your organization requires.

File Formats: PDF and DOCX supported
Integrations: CRM, cloud storage, and accounting systems
Authentication: Email OTP, SMS, or advanced methods

Ensure the platform can export a tamper-evident signed PDF and retain an auditable event log for compliance.

Timing Rules and Tax-Related Deadlines to Keep in Mind

Certain documentation and acknowledgements affect the donor's ability to claim deductions and must be issued or retained promptly.

Written Acknowledgment:

Required for contributions of $250 or more (IRC §170(f)(8))

Form 8283:

Attach for noncash contributions over $500 to the donor's return

Qualified Appraisal:

Needed for property over $5,000 (IRC §170(f)(11))

Donor Record Retention:

Retain receipt and supporting docs at least 3 years

Gift Effective Date:

Date determines tax year for deduction

Key Milestones from Draft to Receipt

Milestones help coordinate appraisal, legal review, signatures, and donation acceptance.

01

Draft Agreement

Prepare text and attach appraisals or deeds.

02

Internal Review

Charity reviews acceptance policy and restrictions.

03

Execution

Donor and charity sign, with notarization if required.

04

Record & Acknowledge

Charity issues written acknowledgement and stores executed copy.

Saving and Sharing Executed Agreements

Store executed copies in common formats and include supporting documents for audit and donor substantiation.

Download Options

Export executed agreements as PDF/A or standard PDF to preserve signatures and audit metadata for long-term storage.

File Formats

Keep a signed PDF and editable DOCX copy; scanned originals are acceptable when accompanied by audit logs.

Record Copies

Provide donors with a signed receipt or acknowledgement and archive a master copy in the charity's records system.

Supporting Documents

Attach appraisals, EIN confirmation, deeds, and any donor correspondence needed for future audits.

Practical Examples of Donation Agreement Use

Two concise scenarios illustrate common agreement structures and supporting requirements.

Artwork Gift to Museum

A donor conveys a painting to a museum with use restrictions and conservation funding

Appraisal required to substantiate value
The museum attaches a qualified appraisal and conservation plan; the agreement limits public display and documents acceptance for donor tax records.

Cash Pledge with Purpose

An individual pledges $100,000 to fund scholarships administered by a foundation

Donor specifies award criteria and reporting frequency
The foundation includes reporting obligations, a timeline for distribution, and language allowing reallocation if criteria become impracticable.

Typical eSignature Pricing and Feature Comparison

Compare starting price and core features relevant to executing and storing Charitable Donation Agreements; signNow is listed first per comparison standards.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial, no card	Varies by vendor	Varies by vendor	Varies by vendor	Varies by vendor
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Frequently Asked Questions

Answers to common questions about validity, notarization, tax substantiation, and digital signing for donation agreements.

Need help? Contact support

Can this be e-signed?
Yes. Electronic signatures are generally enforceable under the federal ESIGN Act (15 U.S.C. §7001) and state UETA laws where adopted. Ensure the record demonstrates intent to sign, signer attribution, consent to transact electronically, and reliable record retention.
Is notarization required?
Not always. Notarization is usually required for real property transfers and some state-specific instruments. Check local recording requirements and witness rules before execution when the gift involves land or deeds.
What supports tax deductions?
Donors need written acknowledgement for gifts of $250+ (IRC §170(f)(8)), Form 8283 for many noncash gifts, and qualified appraisals for large property donations to substantiate deductions.
How do I revoke a gift?
Revocation depends on the agreement's language and state property law. If an agreement permits revocation, follow those steps; otherwise consult counsel to assess donor intent and possible remedies.
Who must sign the agreement?
The donor and an authorized representative of the charity must sign. For charities, confirm the signer has authority per the organization's bylaws or board resolution.
What supporting documents are required?
Common attachments include charity EIN confirmation, qualified appraisals for noncash gifts, deeds for real property, and any donor communications specifying restrictions.

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