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  • 1.  PAC twist or not?

    Posted 03-18-2019 05:50 PM
    We just received PAC match $$ from a company per an employee's contribution to the company's PAC. Typically, I know that neither the company nor employee has made a tax-deductible gift. However, the accompanying letter states..."This contribution is made from corporate treasury dollars and is not funded by <the company's> Political Action Committee. They further advise where tax receipts "and/or" other correspondence should be directed. This language has caused me to question whether this might be considered a gift from the company. The reason for their "gift" hasn't changed. But, with regard to classifying this as a gift or not, does it matter that the $$ did not come from the PAC fund?


  • 2.  Re: PAC twist or not?

    Posted 03-18-2019 06:11 PM
    If the funds are not from the PAC then they cannot be coming from a PAC fund/account. I believe those funds must be kept separate. If the check is drawn on a PAC account yet they are telling you they are not PAC funds, I would be calling the corporate CFO to get clarification from them rather than take the word of the PAC. John John H. Taylor Principal, John H. Taylor Consulting 2604 Sevier St. Durham, NC 27705 johntaylorconsulting@gmail.com 919.816.5903 (cell/text) Serving the Advancement Community Since 1987 On Mon, Mar 18, 2019 at 6:50 PM Jennifer Smith <jsmith4@udayton.edu> wrote: > We just received PAC match $$ from a company per an employee's > contribution to the company's PAC. Typically, I know that neither the > company nor employee has made a tax-deductible gift. However, the > accompanying letter states..."This contribution is made from corporate > treasury dollars and is not funded by <the company's> Political Action > Committee. They further advise where tax receipts "and/or" other > correspondence should be directed. This language has caused me to question > whether this might be considered a gift from the company. The reason for > their "gift" hasn't changed. But, with regard to classifying this as a gift > or not, does it matter that the $$ did not come from the PAC fund? >


  • 3.  Re: PAC twist or not?

    Posted 03-19-2019 01:55 PM
    I realize that I may have left out some key information. The check was accompanied by a letter stating that the gift was made possible by an employee through their participation in the company's PAC Charitable Match Program. It then states that the contribution is made from corporate treasury dollars and is not funded by the company's PAC committee. Does the latter statement indicate that it is a gift from the company because it is not from their PAC fund? Or, does that statement even matter?...i.e., it is still PAC-related and is not a gift? Jennifer Jennifer P. Smith Director, Gifts and Records Management Advancement Services | University of Dayton 300 College Park | Curran Place Dayton, OH 45469-7051 937.229.3263 <https://udayton.edu/advancement/give/day/?utm_campaign=advag16&utm_source=sig&utm_medium=email&utm_content=nd> On Mon, Mar 18, 2019 at 7:11 PM John Taylor <johntaylorconsulting@gmail.com> wrote: > If the funds are not from the PAC then they cannot be coming from a PAC > fund/account. I believe those funds must be kept separate. > > If the check is drawn on a PAC account yet they are telling you they are > not PAC funds, I would be calling the corporate CFO to get clarification > from them rather than take the word of the PAC. > > John > > John H. Taylor > Principal, John H. Taylor Consulting > 2604 Sevier St. > Durham, NC 27705 > johntaylorconsulting@gmail.com > 919.816.5903 (cell/text) > > Serving the Advancement Community Since 1987 > > > On Mon, Mar 18, 2019 at 6:50 PM Jennifer Smith <jsmith4@udayton.edu> > wrote: > >> We just received PAC match $$ from a company per an employee's >> contribution to the company's PAC. Typically, I know that neither the >> company nor employee has made a tax-deductible gift. However, the >> accompanying letter states..."This contribution is made from corporate >> treasury dollars and is not funded by <the company's> Political Action >> Committee. They further advise where tax receipts "and/or" other >> correspondence should be directed. This language has caused me to question >> whether this might be considered a gift from the company. The reason for >> their "gift" hasn't changed. But, with regard to classifying this as a gift >> or not, does it matter that the $$ did not come from the PAC fund? >> >


  • 4.  Re: PAC twist or not?

    Posted 03-19-2019 02:11 PM
    Is the check drawn on the corporate account or a PAC account? I really do not believe it matters. It is my understanding from previous discussions on this and other lists that if the corporate payment is tied to a gift to a PAC it is still not tax-deductible. Wiser legal-folk on the list can provide more insight. I am simply restating what I have just read from a 2017 post on the subject. John John H. Taylor Principal, John H. Taylor Consulting 2604 Sevier St. Durham, NC 27705 johntaylorconsulting@gmail.com 919.816.5903 (cell/text) Serving the Advancement Community Since 1987 On Tue, Mar 19, 2019 at 2:55 PM Jennifer Smith <jsmith4@udayton.edu> wrote: > I realize that I may have left out some key information. The check was > accompanied by a letter stating that the gift was made possible by an > employee through their participation in the company's PAC Charitable Match > Program. It then states that the contribution is made from corporate > treasury dollars and is not funded by the company's PAC committee. Does the > latter statement indicate that it is a gift from the company because it is > not from their PAC fund? Or, does that statement even matter?...i.e., it is > still PAC-related and is not a gift? > > Jennifer > > Jennifer P. Smith > Director, Gifts and Records Management > Advancement Services | University of Dayton > 300 College Park | Curran Place > Dayton, OH 45469-7051 > > 937.229.3263 > > > <https://udayton.edu/advancement/give/day/?utm_campaign=advag16&utm_source=sig&utm_medium=email&utm_content=nd> > > > On Mon, Mar 18, 2019 at 7:11 PM John Taylor < > johntaylorconsulting@gmail.com> wrote: > >> If the funds are not from the PAC then they cannot be coming from a PAC >> fund/account. I believe those funds must be kept separate. >> >> If the check is drawn on a PAC account yet they are telling you they are >> not PAC funds, I would be calling the corporate CFO to get clarification >> from them rather than take the word of the PAC. >> >> John >> >> John H. Taylor >> Principal, John H. Taylor Consulting >> 2604 Sevier St. >> Durham, NC 27705 >> johntaylorconsulting@gmail.com >> 919.816.5903 (cell/text) >> >> Serving the Advancement Community Since 1987 >> >> >> On Mon, Mar 18, 2019 at 6:50 PM Jennifer Smith <jsmith4@udayton.edu> >> wrote: >> >>> We just received PAC match $$ from a company per an employee's >>> contribution to the company's PAC. Typically, I know that neither the >>> company nor employee has made a tax-deductible gift. However, the >>> accompanying letter states..."This contribution is made from corporate >>> treasury dollars and is not funded by <the company's> Political Action >>> Committee. They further advise where tax receipts "and/or" other >>> correspondence should be directed. This language has caused me to question >>> whether this might be considered a gift from the company. The reason for >>> their "gift" hasn't changed. But, with regard to classifying this as a gift >>> or not, does it matter that the $$ did not come from the PAC fund? >>> >>


  • 5.  Re: PAC twist or not?

    Posted 03-19-2019 02:30 PM
    I have the same inclination...i.e., it matters not what fund they use; what matters is that it is PAC-related. Jennifer Jennifer P. Smith Director, Gifts and Records Management Advancement Services | University of Dayton 300 College Park | Curran Place Dayton, OH 45469-7051 937.229.3263 <https://udayton.edu/advancement/give/day/?utm_campaign=advag16&utm_source=sig&utm_medium=email&utm_content=nd> On Tue, Mar 19, 2019 at 3:10 PM John Taylor <johntaylorconsulting@gmail.com> wrote: > Is the check drawn on the corporate account or a PAC account? I really do > not believe it matters. It is my understanding from previous discussions > on this and other lists that if the corporate payment is tied to a gift to > a PAC it is still not tax-deductible. > > Wiser legal-folk on the list can provide more insight. I am simply > restating what I have just read from a 2017 post on the subject. > > John > > John H. Taylor > Principal, John H. Taylor Consulting > 2604 Sevier St. > Durham, NC 27705 > johntaylorconsulting@gmail.com > 919.816.5903 (cell/text) > > Serving the Advancement Community Since 1987 > > > On Tue, Mar 19, 2019 at 2:55 PM Jennifer Smith <jsmith4@udayton.edu> > wrote: > >> I realize that I may have left out some key information. The check was >> accompanied by a letter stating that the gift was made possible by an >> employee through their participation in the company's PAC Charitable Match >> Program. It then states that the contribution is made from corporate >> treasury dollars and is not funded by the company's PAC committee. Does the >> latter statement indicate that it is a gift from the company because it is >> not from their PAC fund? Or, does that statement even matter?...i.e., it is >> still PAC-related and is not a gift? >> >> Jennifer >> >> Jennifer P. Smith >> Director, Gifts and Records Management >> Advancement Services | University of Dayton >> 300 College Park | Curran Place >> Dayton, OH 45469-7051 >> >> 937.229.3263 >> >> >> <https://udayton.edu/advancement/give/day/?utm_campaign=advag16&utm_source=sig&utm_medium=email&utm_content=nd> >> >> >> On Mon, Mar 18, 2019 at 7:11 PM John Taylor < >> johntaylorconsulting@gmail.com> wrote: >> >>> If the funds are not from the PAC then they cannot be coming from a PAC >>> fund/account. I believe those funds must be kept separate. >>> >>> If the check is drawn on a PAC account yet they are telling you they are >>> not PAC funds, I would be calling the corporate CFO to get clarification >>> from them rather than take the word of the PAC. >>> >>> John >>> >>> John H. Taylor >>> Principal, John H. Taylor Consulting >>> 2604 Sevier St. >>> Durham, NC 27705 >>> johntaylorconsulting@gmail.com >>> 919.816.5903 (cell/text) >>> >>> Serving the Advancement Community Since 1987 >>> >>> >>> On Mon, Mar 18, 2019 at 6:50 PM Jennifer Smith <jsmith4@udayton.edu> >>> wrote: >>> >>>> We just received PAC match $$ from a company per an employee's >>>> contribution to the company's PAC. Typically, I know that neither the >>>> company nor employee has made a tax-deductible gift. However, the >>>> accompanying letter states..."This contribution is made from corporate >>>> treasury dollars and is not funded by <the company's> Political Action >>>> Committee. They further advise where tax receipts "and/or" other >>>> correspondence should be directed. This language has caused me to question >>>> whether this might be considered a gift from the company. The reason for >>>> their "gift" hasn't changed. But, with regard to classifying this as a gift >>>> or not, does it matter that the $$ did not come from the PAC fund? >>>> >>>


  • 6.  Re: PAC twist or not?

    Posted 03-19-2019 03:47 PM
    Jennifer, No matter from what account the funds were drawn I have to believe the real question here is whether the release of those funds was "voluntary" in nature and the most likely answer is "no". The trigger for the funds being disbursed was the employee support of the PAC so it still strikes me that the transaction in question here is still an exchange and not a charitable gift. I'm no attorney and am simply offering my take... :-) With best regards, Amy Director of Advancement Services, Gift Acceptance Division of University Advancement The Catholic University of America 620 Michigan Avenue, E215 O'Connell Hall Washington, DC 20064 Phone: 202-319-6919 Email: phillipsajud@cua.edu On Tue, Mar 19, 2019 at 3:30 PM Jennifer Smith <jsmith4@udayton.edu> wrote: > I have the same inclination...i.e., it matters not what fund they use; > what matters is that it is PAC-related. > > Jennifer > > Jennifer P. Smith > Director, Gifts and Records Management > Advancement Services | University of Dayton > 300 College Park | Curran Place > Dayton, OH 45469-7051 > > 937.229.3263 > > > <https://udayton.edu/advancement/give/day/?utm_campaign=advag16&utm_source=sig&utm_medium=email&utm_content=nd> > > > On Tue, Mar 19, 2019 at 3:10 PM John Taylor < > johntaylorconsulting@gmail.com> wrote: > >> Is the check drawn on the corporate account or a PAC account? I really >> do not believe it matters. It is my understanding from previous >> discussions on this and other lists that if the corporate payment is tied >> to a gift to a PAC it is still not tax-deductible. >> >> Wiser legal-folk on the list can provide more insight. I am simply >> restating what I have just read from a 2017 post on the subject. >> >> John >> >> John H. Taylor >> Principal, John H. Taylor Consulting >> 2604 Sevier St. >> Durham, NC 27705 >> johntaylorconsulting@gmail.com >> 919.816.5903 (cell/text) >> >> Serving the Advancement Community Since 1987 >> >> >> On Tue, Mar 19, 2019 at 2:55 PM Jennifer Smith <jsmith4@udayton.edu> >> wrote: >> >>> I realize that I may have left out some key information. The check was >>> accompanied by a letter stating that the gift was made possible by an >>> employee through their participation in the company's PAC Charitable Match >>> Program. It then states that the contribution is made from corporate >>> treasury dollars and is not funded by the company's PAC committee. Does the >>> latter statement indicate that it is a gift from the company because it is >>> not from their PAC fund? Or, does that statement even matter?...i.e., it is >>> still PAC-related and is not a gift? >>> >>> Jennifer >>> >>> Jennifer P. Smith >>> Director, Gifts and Records Management >>> Advancement Services | University of Dayton >>> 300 College Park | Curran Place >>> Dayton, OH 45469-7051 >>> >>> 937.229.3263 >>> >>> >>> <https://udayton.edu/advancement/give/day/?utm_campaign=advag16&utm_source=sig&utm_medium=email&utm_content=nd> >>> >>> >>> On Mon, Mar 18, 2019 at 7:11 PM John Taylor < >>> johntaylorconsulting@gmail.com> wrote: >>> >>>> If the funds are not from the PAC then they cannot be coming from a PAC >>>> fund/account. I believe those funds must be kept separate. >>>> >>>> If the check is drawn on a PAC account yet they are telling you they >>>> are not PAC funds, I would be calling the corporate CFO to get >>>> clarification from them rather than take the word of the PAC. >>>> >>>> John >>>> >>>> John H. Taylor >>>> Principal, John H. Taylor Consulting >>>> 2604 Sevier St. >>>> Durham, NC 27705 >>>> johntaylorconsulting@gmail.com >>>> 919.816.5903 (cell/text) >>>> >>>> Serving the Advancement Community Since 1987 >>>> >>>> >>>> On Mon, Mar 18, 2019 at 6:50 PM Jennifer Smith <jsmith4@udayton.edu> >>>> wrote: >>>> >>>>> We just received PAC match $$ from a company per an employee's >>>>> contribution to the company's PAC. Typically, I know that neither the >>>>> company nor employee has made a tax-deductible gift. However, the >>>>> accompanying letter states..."This contribution is made from corporate >>>>> treasury dollars and is not funded by <the company's> Political Action >>>>> Committee. They further advise where tax receipts "and/or" other >>>>> correspondence should be directed. This language has caused me to question >>>>> whether this might be considered a gift from the company. The reason for >>>>> their "gift" hasn't changed. But, with regard to classifying this as a gift >>>>> or not, does it matter that the $$ did not come from the PAC fund? >>>>> >>>>


  • 7.  Re: PAC twist or not?

    Posted 03-19-2019 04:56 PM
    I agree. I was just a little thrown by the language and needed input. Thanks, Amy and John! Jennifer Jennifer P. Smith Director, Gifts and Records Management Advancement Services | University of Dayton 300 College Park | Curran Place Dayton, OH 45469-7051 937.229.3263 <https://udayton.edu/advancement/give/day/?utm_campaign=advag16&utm_source=sig&utm_medium=email&utm_content=nd> On Tue, Mar 19, 2019 at 4:47 PM Amy Phillips <phillipsajud@cua.edu> wrote: > Jennifer, > > No matter from what account the funds were drawn I have to believe the > real question here is whether the release of those funds was "voluntary" in > nature and the most likely answer is "no". The trigger for the funds being > disbursed was the employee support of the PAC so it still strikes me that > the transaction in question here is still an exchange and not a charitable > gift. > > I'm no attorney and am simply offering my take... :-) > > With best regards, > > Amy > > Director of Advancement Services, Gift Acceptance > Division of University Advancement > The Catholic University of America > 620 Michigan Avenue, E215 O'Connell Hall > Washington, DC 20064 > Phone: 202-319-6919 > Email: phillipsajud@cua.edu > > > > On Tue, Mar 19, 2019 at 3:30 PM Jennifer Smith <jsmith4@udayton.edu> > wrote: > >> I have the same inclination...i.e., it matters not what fund they use; >> what matters is that it is PAC-related. >> >> Jennifer >> >> Jennifer P. Smith >> Director, Gifts and Records Management >> Advancement Services | University of Dayton >> 300 College Park | Curran Place >> Dayton, OH 45469-7051 >> >> 937.229.3263 >> >> >> <https://udayton.edu/advancement/give/day/?utm_campaign=advag16&utm_source=sig&utm_medium=email&utm_content=nd> >> >> >> On Tue, Mar 19, 2019 at 3:10 PM John Taylor < >> johntaylorconsulting@gmail.com> wrote: >> >>> Is the check drawn on the corporate account or a PAC account? I really >>> do not believe it matters. It is my understanding from previous >>> discussions on this and other lists that if the corporate payment is tied >>> to a gift to a PAC it is still not tax-deductible. >>> >>> Wiser legal-folk on the list can provide more insight. I am simply >>> restating what I have just read from a 2017 post on the subject. >>> >>> John >>> >>> John H. Taylor >>> Principal, John H. Taylor Consulting >>> 2604 Sevier St. >>> Durham, NC 27705 >>> johntaylorconsulting@gmail.com >>> 919.816.5903 (cell/text) >>> >>> Serving the Advancement Community Since 1987 >>> >>> >>> On Tue, Mar 19, 2019 at 2:55 PM Jennifer Smith <jsmith4@udayton.edu> >>> wrote: >>> >>>> I realize that I may have left out some key information. The check was >>>> accompanied by a letter stating that the gift was made possible by an >>>> employee through their participation in the company's PAC Charitable Match >>>> Program. It then states that the contribution is made from corporate >>>> treasury dollars and is not funded by the company's PAC committee. Does the >>>> latter statement indicate that it is a gift from the company because it is >>>> not from their PAC fund? Or, does that statement even matter?...i.e., it is >>>> still PAC-related and is not a gift? >>>> >>>> Jennifer >>>> >>>> Jennifer P. Smith >>>> Director, Gifts and Records Management >>>> Advancement Services | University of Dayton >>>> 300 College Park | Curran Place >>>> Dayton, OH 45469-7051 >>>> >>>> 937.229.3263 >>>> >>>> >>>> <https://udayton.edu/advancement/give/day/?utm_campaign=advag16&utm_source=sig&utm_medium=email&utm_content=nd> >>>> >>>> >>>> On Mon, Mar 18, 2019 at 7:11 PM John Taylor < >>>> johntaylorconsulting@gmail.com> wrote: >>>> >>>>> If the funds are not from the PAC then they cannot be coming from a >>>>> PAC fund/account. I believe those funds must be kept separate. >>>>> >>>>> If the check is drawn on a PAC account yet they are telling you they >>>>> are not PAC funds, I would be calling the corporate CFO to get >>>>> clarification from them rather than take the word of the PAC. >>>>> >>>>> John >>>>> >>>>> John H. Taylor >>>>> Principal, John H. Taylor Consulting >>>>> 2604 Sevier St. >>>>> Durham, NC 27705 >>>>> johntaylorconsulting@gmail.com >>>>> 919.816.5903 (cell/text) >>>>> >>>>> Serving the Advancement Community Since 1987 >>>>> >>>>> >>>>> On Mon, Mar 18, 2019 at 6:50 PM Jennifer Smith <jsmith4@udayton.edu> >>>>> wrote: >>>>> >>>>>> We just received PAC match $$ from a company per an employee's >>>>>> contribution to the company's PAC. Typically, I know that neither the >>>>>> company nor employee has made a tax-deductible gift. However, the >>>>>> accompanying letter states..."This contribution is made from corporate >>>>>> treasury dollars and is not funded by <the company's> Political Action >>>>>> Committee. They further advise where tax receipts "and/or" other >>>>>> correspondence should be directed. This language has caused me to question >>>>>> whether this might be considered a gift from the company. The reason for >>>>>> their "gift" hasn't changed. But, with regard to classifying this as a gift >>>>>> or not, does it matter that the $$ did not come from the PAC fund? >>>>>> >>>>>