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

        Blog

        Working 9 to 5? It’s a Way to Make a Livin’, so Make Sure You’re Payin’ for Every Minute: A Maine Employer’s Guide to Stacked Wage & Hour Rules

        Four decades after Dolly Parton gave us both the namesake anthem of the American workday and the film about three fed-up office workers’ dreams of...
        Alerts and Newsletters

        Can AI Pass the Doctor Test? FDA Considers Physician-Inspired Evaluation of GenAI Devices and Other Regulatory Measures

        AI is entering healthcare with indomitable will. It promises to increase efficiency, reduce administrative burden (which healthcare providers so...
        Press Releases

        Verrill Attorney Annabel Rodriguez Named Top Women of Law by Massachusetts Lawyers Weekly

        BOSTON, Massachusetts – Verrill attorney Annabel Rodriguez has been recognized as a Top Women of Law by Massachusetts Lawyers Weekly, and will be...
        Blog

        What Employee Benefits Lawyers Do (and How to Make the Best Use of Us)

        What do employee benefits lawyers do all day and how can clients make the best use of them? This post offers an overview of the kinds of things...
        Media Mentions

        Bloomberg Law Quotes Robert Keach on Expanded Access to Small Business Reorganization

        Verrill attorney Bob Keach was recently featured in Bloomberg Law, discussing legislation that would raise debt limits for bankruptcy relief and...
        Blog

        Phil Bartlett to Step Down as Chair of the Maine Public Utilities Commission

        On September 15, 2026, Governor Janet Mills announced that Phil Bartlett will step down as Chair of the Maine Public Utilities Commission (PUC)...
        Published Works

        Jay McCormack and Michael Fee Co-Author AHLA Article on Skin Substitute Enforcement Trends

        Verrill Partners Jay McCormack and Michael Fee co-authored an article for the American Health Law Association's Fraud and Abuse Practice Group...
        Press Releases

        Verrill Welcomes Health Care & Life Sciences Attorney Elpida Velmahos

        BOSTON, Massachusetts – Verrill is pleased to announce that Elpida Velmahos has joined the firm’s Health Care & Life Sciences Group as an...
        Press Releases

        Verrill Welcomes Litigation & Trial Attorney Emma Pooler

        PORTLAND, Maine – Verrill is pleased to announce that Emma Pooler has joined the firm’s Litigation & Trial Group as an Associate, resident in...
        Published Works

        Four Verrill Attorneys Co-Author Massachusetts Trends and Developments Chapter for Chambers and Partners Child Relocation 2026 Guide

        Verrill attorneys Mary H. Schmidt, Rachel A. Deering, Hannah R. Zukoff, and Mariah G. Tappan co-authored the “Trends and Developments” chapter...
        Blog

        A New Protected Class in Maine: Holders of Final Protection Orders

        In the lead-up to Domestic Violence Awareness Month in October, employers may be taking a closer look at how their policies and practices respond to...
        Alerts and Newsletters

        Verrill Secures SJC Victory for Boston Legacy FC in White Stadium Litigation

        Verrill has secured a significant appellate victory for Boston Legacy FC in the litigation challenging the redevelopment of White Stadium in...