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Tax rules for veterans organization silent auctions
Three entities in one building, and they are not treated the same way.
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The question that decides everything else
Which entity is running the auction? In most veterans organizations there are several sharing an address, and they hold different exempt statuses under different sections of the code.
- The post — commonly organized under the section covering veterans organizations rather than as a public charity
- The auxiliary — usually a separate corporation with its own EIN and its own status
- A relief fund, foundation or charitable arm — where one exists, often the entity with public-charity status
Do not rely on what everybody at the post knows. Look up each entity's own determination letter, confirm which section it is exempt under, and put the answer on the auction page in plain words.
Why the section matters to your bidders
Deductibility of a contribution depends on the recipient organization's status, and the rules for veterans organizations differ from those for public charities — in some cases with conditions attached, such as membership composition. A bidder who assumes a deduction and does not get one is a bidder you lose, and a business that assumes wrongly is worse.
The practical rule: state on the auction page which entity is receiving funds, what its status is, and what a bidder can and cannot claim. If you are not certain, say that you are confirming it rather than guessing in the donor's favour.
The fair market value disclosure
Where the receiving entity is a qualifying charity, a bidder may deduct only the amount paid above an item's fair market value, and you are required to disclose that value at the time of the transaction. Put it on every item page. It also helps the auction: a stated value gives bidders a reference point to bid past.
Moving money between the entities
If the auxiliary raises funds for a post purchase, or the post raises for the relief fund, that transfer is a board decision recorded in minutes and it may have its own considerations depending on the entities' statuses. Agree the mechanism before bidding opens. Discovering it afterwards is the most common avoidable problem a post runs into.
Donated items
Acknowledge in writing what a business gave without assigning it a value — that is the donor's responsibility. State the receiving entity and its status in the acknowledgement so the business is not misled.
Raffles
Raffle purchases are generally not deductible at all, and raffles are a licensed gaming activity in most states. For a post that already holds a gaming licence there is more at stake than the deduction — see gaming licences and emblems.
General information, not tax or legal advice for your post. Rules vary by jurisdiction and change — confirm with your department and your gaming officer before you act on anything here.
More guides for Veterans Organizations
Revenue benchmarks from platform data VFW & Legion post auctions
Which entity runs it, and who gets the money Item ideas that actually sell
What a post's community bids on Getting items donated
The town, the trade, and the members Veteran-owned business outreach
A donor network nobody else can reach the same way Honor Flight campaigns
Funding seats, with a hard trip date Gaming licences and emblems
Do not risk the licence for a raffle
Frequently asked questions
Is a VFW or American Legion post a 501(c)(3)?
Often not. Posts are commonly organized under the section of the code covering veterans organizations rather than as public charities, and an auxiliary or relief fund may hold a different status again. Check each entity's determination letter rather than assuming.
Can bidders deduct what they pay at a post auction?
It depends on the receiving entity's status, and the rules for veterans organizations differ from those for public charities. State on the auction page which entity is receiving funds and what a bidder can claim — and if you are not certain, say you are confirming rather than guessing in the donor's favour.
Do we have to disclose the value of items?
Where the receiving entity is a qualifying charity, yes — a bidder may deduct only what they pay above fair market value and you must disclose it at the time of the transaction. List it on every item page.
Can the auxiliary raise money for the post?
Yes, but the transfer is a board decision recorded in minutes and may carry its own considerations given the two entities' statuses. Agree the mechanism before bidding opens rather than afterwards.
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