You Might Be a Winner
        A blog from the attorneys of Verrill

        “Donation” v. “Royalty”

        by Robert Laplaca on November 6, 2025

        How the Big Beautiful Bill Will Affect Commercial Co-Ventures

        As we students of cause marketing know, the traditional tip-off for a commercial co-venture is when the call-to-action is “you buy this, and we’ll donate that.” But companies may have concerns over providing “donations” to charity based upon the new tax provisions in the “Big Beautiful Bill” signed into law on July 4, 2025, which include a limitation on corporate deductions for charitable contributions.

        Starting tax year 2026, corporations can deduct charitable contributions only to the extent such contributions exceed 1% of the corporation’s taxable income and only up to 10% of such income. IMPORTANT NOTE: This limitation only applies to corporations, not LLC’s or other business entities.

        Because the tax deduction is a significant incentive for running CCV programs and because the “Big Beautiful Bill” may have taken away this incentive, what’s a corporation to do?

        An option would be to characterize the payments made by the corporate sponsor as “royalties” or a “license fee” in return for the permission to use the charity’s name/logo.  Royalties and license fees are generally treated as ordinary business expenses which are deductible, without limitation, and are also exempt from the Unrelated Business Income Tax for charities.

        However, characterizing the “donation” as a “royalty” or “license fee” could have other CCV implications:

        • This distinction needs to be spelled out in the contract with the charity, and you should still identify whether this payment is based on a per-unit sale.
        • You cannot impose additional contractual obligations on the charity beyond giving its permission to use its name/logo, such as distributing promotional materials or marketing your products.
        • You cannot advertise that “We will donate $X per product to XYZ charity” if the payment is contractually for a royalty or license fee.
        • You cannot publicize that you have “donated” $XXXX to charity as a result of this promotion.
        • You may still have to comply with CCV laws which do not necessarily make a distinction between “donations” or other payments to charity. For example, the New York statute is typical and defines a “commercial co-venturer” as including one “who advertises that the purchase or use of goods, services, entertainment, or other thing of value will benefit a charitable organization.”

        Of course, consult tax counsel whenever making tax-related corporate decisions.

        You Might Be a Winner

        Promotion and sweepstakes laws vary widely across the fifty states and under federal regulations, creating complex challenges for today’s innovative marketers. This blog explores the latest updates and trends in promotion and marketing law, offering practical insights to help brands stay compliant while pushing creative boundaries. We’ll also discuss noteworthy, questionable, and groundbreaking promotional campaigns to encourage thoughtful discussion among marketing and legal professionals.

        Key Contacts

        Subscribe

        Looking for more great content? Subscribe for regular legal updates and information delivered right to your inbox.

        Firm Highlights

        Alerts and Newsletters

        Maine’s New Employer Surveillance Law, 26 M.R.S. § 620-A

        Effective July 14, 2026 Maine employers that electronically monitor employees must comply with a new disclosure law effective July 14, 2026. Under...
        Press Releases

        Verrill Recognized by U.S. News as One of the Best Law Firms to Work for in 2026

        BOSTON, Mass., BANGOR and PORTLAND, Maine, GREENWICH and WESTPORT, Conn., – Verrill has been featured on U.S. News’ 2026 Best Companies to Work...
        Blog

        SECURE 2.0 Roth Catch-Up Rules and the 403(b) 15-Year Catch-Up: What Tax-Exempt Employers Need to Know

        Tax-exempt employers whose 403(b) plans offer catch-up contributions for participants age 50 and above should be well on their way to compliance with...
        Media Mentions

        Robert Keach Quoted in Law360 on SIMAD Summer Camp Bankruptcy Sale

        Verrill attorney Robert Keach was recently quoted in a Law360 article examining the Chapter 11 bankruptcy proceedings involving SIMAD Holdings and...
        Media Mentions

        Chris Tsouros Featured in Law360’s Coverage of Sports Real Estate Deals

        Verrill Partner Chris Tsouros was recently recognized in a Law360 article highlighting law firms involved in significant sports real estate projects...
        Blog

        What Maine’s New Employer Surveillance Law Means for Maine Employers

        Maine employers who monitor their workforce, whether through productivity software, GPS, call recording, or cameras, have a new compliance obligation...
        Blog

        Run Don’t Walk: The Implication of “While Supplies Last” Prize Promotions

        This month a big-chain grocery store has been offering daily mystery boxes during specific timed drops on a first-come, first-served basis, to users...
        Blog

        Maine’s Noncompete Statute is Reshaped for Health Care Workers: What You Need to Know

        Employers of individuals who are licensed under state law to perform, or provide, health care services in the State of Maine should be prepared for...
        Media Mentions

        Steven Davis Featured in the Environmental Business Journal

        Steven Davis, President of Verrill Strategic Consulting, was recently interviewed and featured in the Environmental Business Journal, Volume 39...
        Blog

        What is a Bonus for Purposes of ERISA?

        An ongoing dispute about a Department of Labor advisory opinion published last September raises a basic but unanswered question under the ERISA: What...
        Media Mentions

        Verrill Recognized by WMTW for Partnership Supporting Hunger Relief in Maine

        Verrill was recently featured in coverage by WMTW News 8 for its role in a collaborative effort to combat food insecurity across southern...
        Press Releases

        33 Verrill Attorneys, Across Four Offices, Recognized in the 2026 Chambers USA Guide

        BOSTON, Massachusetts, PORTLAND, Maine, WESTPORT, Connecticut, and WASHINGTON, D.C. – Verrill has been recognized as a Leading Firm in 14...