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  • 1.  Event Question

    Posted 03-26-2019 10:13 AM
    Dear Colleagues, I hope your brackets are in tact. I have a tax question for you. We are holding an breakfast event and have asked our vendors and other companies for sponsorships of the event. There are different levels that get different things, such as seating at tables and advertising. The breakfast is free for everyone and advertising has minor cost, so they are not really getting anything. The sponsorship is basically a gift to our annual fund. The question is, must I subtract the cost of breakfast and advertising from the gift amount as non-taxable amount? Thanks, Elizabeth Rich -- Elizabeth Rich Director of Advancement Services Elms College, 291 Springfield Street, Chicopee, MA 01013 Ph: 413-265-2403 Fax: 413-265-2449 To make a gift: http://www.elms.edu/make-a-gift-online/


  • 2.  Re: Event Question

    Posted 03-26-2019 10:17 AM
    If anyone can walk in off the street and get a free breakfast, then you are fine there. But if paying to attend the event is the only way to eat, then you must calculate a FMV. But giving free advertising (beyond name recognition and contact information) makes the entire payment non-deductible, period. John John Taylor 919.816.5903 johntaylorconsulting@gmail.com Big ideas; small keyboard > On Mar 26, 2019, at 11:12 AM, Rich, Elizabeth <riche@elms.edu> wrote: > > Dear Colleagues, > I hope your brackets are in tact. I have a tax question for you. We are holding an breakfast event and have asked our vendors and other companies for sponsorships of the event. There are different levels that get different things, such as seating at tables and advertising. The breakfast is free for everyone and advertising has minor cost, so they are not really getting anything. The sponsorship is basically a gift to our annual fund. The question is, must I subtract the cost of breakfast and advertising from the gift amount as non-taxable amount? > Thanks, > Elizabeth Rich > > -- > Elizabeth Rich > Director of Advancement Services > Elms College, 291 Springfield Street, Chicopee, MA 01013 > Ph: 413-265-2403 Fax: 413-265-2449 > > To make a gift: http://www.elms.edu/make-a-gift-online/


  • 3.  Re: Event Question

    Posted 03-26-2019 12:03 PM
    You have recalled that bit on advertising correctly, Alan. However, you do need to demonstrate that non-sponsors have the opportunity to purchase that same advertising. You see this often in athletic publications where a major contributor business is "given" a half-page ad in exchange for their donation. But "Bob's Athletic Surplus" store down the street could also purchase a half-page ad without having to make a sponsorship payment. And, again, it isn't "advertising" in the eyes of the IRS if it's simply name/logo and contact information. 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 26, 2019 at 12:46 PM Hejnal, Alan < 00000031f8bb5829-dmarc-request@listserv.fundsvcs.org> wrote: > Just to clarify, the issue related to the meal is in the context of what > the donor contributed, and what the donor (or its guests or other people of > its choosing) receive in return. > > > > So, as John says, if the gift results in the donor or the donor’s guests > receiving a meal that they wouldn’t have received otherwise, the fair > market value of the meals provided to those specific people would have to > be considered a benefit. > > > > But since you say that the breakfast is free, I was wondering whether you > might be asking about the mere fact that part of the sponsorship is > underwriting the breakfast. If the sponsor is merely underwriting the > breakfast as part of the event, that doesn’t affect the deductibility of > the sponsorship (subject to the usual determination that the event supports > the mission of the charitable organization). If the sponsor (or people of > its choosing) isn’t getting anything because of its gift, then there’s no *quid > pro quo.* Or, put another way, if the donor underwrites the breakfast > and all attendees get to eat for free, the fact that attendees representing > the donor also eat doesn’t create a *quid pro quo*, because they’re not > getting to eat as a benefit provided to the donor that isn’t provided > generally. > > > > John, I seem to remember an analysis that if an event/publication > establishes a price for advertising ($100 for a half-page ad or whatever), > that establishes the value of the advertising, so that if a charitable > sponsor receives such an ad as part of their sponsorship, it doesn’t > invalidate the charitable nature of the entire sponsorship, just reduces it > by the established value of the benefit. Has that been superseded? > > > > My US$0.02 worth; the usual disclaimers apply. > > > > Good luck! > > > > *Alan* > > > > *Alan S. Hejnal * > > Data Quality Manager > > Smithsonian Institution - Office of Advancement > > 600 Maryland Avenue SW, Suite 600E > > P.O. Box 37012, MRC 527 > > Washington, DC 20013-7012 > > (: 202-633-8754 | *: HejnalA@si.edu > > > [image: SNAGHTML5cbfa34] <https://www.si.edu/> > [image: AASP_FundSvcs_LOGO-01(040pct)(mark)] > > > > > > *From:* Advancement Services Discussion List < > FUNDSVCS@LISTSERV.FUNDSVCS.ORG> *On Behalf Of *John Taylor > *Sent:* Tuesday, March 26, 2019 11:17 AM > *To:* FUNDSVCS@LISTSERV.FUNDSVCS.ORG > *Subject:* Re: [FUNDSVCS] Event Question > > > > If anyone can walk in off the street and get a free breakfast, then you > are fine there. But if paying to attend the event is the only way to eat, > then you must calculate a FMV. > > > > But giving free advertising (beyond name recognition and contact > information) makes the entire payment non-deductible, period. > > > > John > > John Taylor > > 919.816.5903 > > johntaylorconsulting@gmail.com > > > > Big ideas; small keyboard > > > On Mar 26, 2019, at 11:12 AM, Rich, Elizabeth <riche@elms.edu> wrote: > > Dear Colleagues, > > I hope your brackets are in tact. I have a tax question for you. We are > holding an breakfast event and have asked our vendors and other companies > for sponsorships of the event. There are different levels that get > different things, such as seating at tables and advertising. The breakfast > is free for everyone and advertising has minor cost, so they are not really > getting anything. The sponsorship is basically a gift to our annual fund. > The question is, must I subtract the cost of breakfast and advertising from > the gift amount as non-taxable amount? > > Thanks, > > Elizabeth Rich > > > > -- > > Elizabeth Rich > Director of Advancement Services > Elms College, 291 Springfield Street, Chicopee, MA 01013 > Ph: 413-265-2403 Fax: 413-265-2449 > > To make a gift: http://www.elms.edu/make-a-gift-online/ > <https://nam02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.elms.edu%2Fmake-a-gift-online%2F&data=02%7C01%7CHejnalA%40SI.EDU%7C59a09619802b45eb0d8f08d6b1fe1628%7C989b5e2a14e44efe93b78cdd5fc5d11c%7C1%7C0%7C636892102193273016&sdata=CJWf4izaF7Pc1%2F6q%2Bc%2Fx76F4fjef0cw7EZNgbq3jP3A%3D&reserved=0> > >


  • 4.  Re: Event Question

    Posted 03-26-2019 03:47 PM
    Just to clarify, the issue related to the meal is in the context of what the donor contributed, and what the donor (or its guests or other people of its choosing) receive in return. So, as John says, if the gift results in the donor or the donor’s guests receiving a meal that they wouldn’t have received otherwise, the fair market value of the meals provided to those specific people would have to be considered a benefit. But since you say that the breakfast is free, I was wondering whether you might be asking about the mere fact that part of the sponsorship is underwriting the breakfast. If the sponsor is merely underwriting the breakfast as part of the event, that doesn’t affect the deductibility of the sponsorship (subject to the usual determination that the event supports the mission of the charitable organization). If the sponsor (or people of its choosing) isn’t getting anything because of its gift, then there’s no quid pro quo. Or, put another way, if the donor underwrites the breakfast and all attendees get to eat for free, the fact that attendees representing the donor also eat doesn’t create a quid pro quo, because they’re not getting to eat as a benefit provided to the donor that isn’t provided generally. John, I seem to remember an analysis that if an event/publication establishes a price for advertising ($100 for a half-page ad or whatever), that establishes the value of the advertising, so that if a charitable sponsor receives such an ad as part of their sponsorship, it doesn’t invalidate the charitable nature of the entire sponsorship, just reduces it by the established value of the benefit. Has that been superseded? My US$0.02 worth; the usual disclaimers apply. Good luck! Alan Alan S. Hejnal Data Quality Manager Smithsonian Institution - Office of Advancement 600 Maryland Avenue SW, Suite 600E P.O. Box 37012, MRC 527 Washington, DC 20013-7012 •: 202-633-8754 | •: HejnalA@si.edu<mailto:HejnalA@si.edu> [SNAGHTML5cbfa34]<https://www.si.edu/> [AASP_FundSvcs_LOGO-01(040pct)(mark)] From: Advancement Services Discussion List <FUNDSVCS@LISTSERV.FUNDSVCS.ORG> On Behalf Of John Taylor Sent: Tuesday, March 26, 2019 11:17 AM To: FUNDSVCS@LISTSERV.FUNDSVCS.ORG Subject: Re: [FUNDSVCS] Event Question If anyone can walk in off the street and get a free breakfast, then you are fine there. But if paying to attend the event is the only way to eat, then you must calculate a FMV. But giving free advertising (beyond name recognition and contact information) makes the entire payment non-deductible, period. John John Taylor 919.816.5903 johntaylorconsulting@gmail.com<mailto:johntaylorconsulting@gmail.com> Big ideas; small keyboard On Mar 26, 2019, at 11:12 AM, Rich, Elizabeth <riche@elms.edu<mailto:riche@elms.edu>> wrote: Dear Colleagues, I hope your brackets are in tact. I have a tax question for you. We are holding an breakfast event and have asked our vendors and other companies for sponsorships of the event. There are different levels that get different things, such as seating at tables and advertising. The breakfast is free for everyone and advertising has minor cost, so they are not really getting anything. The sponsorship is basically a gift to our annual fund. The question is, must I subtract the cost of breakfast and advertising from the gift amount as non-taxable amount? Thanks, Elizabeth Rich -- Elizabeth Rich Director of Advancement Services Elms College, 291 Springfield Street, Chicopee, MA 01013 Ph: 413-265-2403 Fax: 413-265-2449 To make a gift: http://www.elms.edu/make-a-gift-online/<https://nam02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.elms.edu%2Fmake-a-gift-online%2F&data=02%7C01%7CHejnalA%40SI.EDU%7C59a09619802b45eb0d8f08d6b1fe1628%7C989b5e2a14e44efe93b78cdd5fc5d11c%7C1%7C0%7C636892102193273016&sdata=CJWf4izaF7Pc1%2F6q%2Bc%2Fx76F4fjef0cw7EZNgbq3jP3A%3D&reserved=0>


  • 5.  Re: Event Question

    Posted 03-27-2019 08:07 AM
    Thanks for the quick response. I should have been more specific about "advertising." We are just recognizing the sponsors at the event by thanking them on a screen and with tent cards on the table. Basically just logo and name recognition. So, it sounds like we are good to go. Thanks again for your help. Liz Rich Date: Tue, 26 Mar 2019 13:02:46 -0400 From: John Taylor <johntaylorconsulting@GMAIL.COM> Subject: Re: Event Question You have recalled that bit on advertising correctly, Alan. However, you do need to demonstrate that non-sponsors have the opportunity to purchase that same advertising. You see this often in athletic publications where a major contributor business is "given" a half-page ad in exchange for their donation. But "Bob's Athletic Surplus" store down the street could also purchase a half-page ad without having to make a sponsorship payment. And, again, it isn't "advertising" in the eyes of the IRS if it's simply name/logo and contact information. 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 26, 2019 at 12:46 PM Hejnal, Alan < 00000031f8bb5829-dmarc-request@listserv.fundsvcs.org> wrote: > Just to clarify, the issue related to the meal is in the context of what > the donor contributed, and what the donor (or its guests or other people of > its choosing) receive in return. > > > > So, as John says, if the gift results in the donor or the donor’s guests > receiving a meal that they wouldn’t have received otherwise, the fair > market value of the meals provided to those specific people would have to > be considered a benefit. > > > > But since you say that the breakfast is free, I was wondering whether you > might be asking about the mere fact that part of the sponsorship is > underwriting the breakfast. If the sponsor is merely underwriting the > breakfast as part of the event, that doesn’t affect the deductibility of > the sponsorship (subject to the usual determination that the event supports > the mission of the charitable organization). If the sponsor (or people of > its choosing) isn’t getting anything because of its gift, then there’s no *quid > pro quo.* Or, put another way, if the donor underwrites the breakfast > and all attendees get to eat for free, the fact that attendees representing > the donor also eat doesn’t create a *quid pro quo*, because they’re not > getting to eat as a benefit provided to the donor that isn’t provided > generally. > > > > John, I seem to remember an analysis that if an event/publication > establishes a price for advertising ($100 for a half-page ad or whatever), > that establishes the value of the advertising, so that if a charitable > sponsor receives such an ad as part of their sponsorship, it doesn’t > invalidate the charitable nature of the entire sponsorship, just reduces it > by the established value of the benefit. Has that been superseded? > > > > My US$0.02 worth; the usual disclaimers apply. > > > > Good luck! > > > > *Alan* > > > > *Alan S. Hejnal * > > Data Quality Manager > > Smithsonian Institution - Office of Advancement > > 600 Maryland Avenue SW, Suite 600E > > P.O. Box 37012, MRC 527 > > Washington, DC 20013-7012 > > (: 202-633-8754 | *: HejnalA@si.edu > > > [image: SNAGHTML5cbfa34] <https://www.si.edu/> > [image: AASP_FundSvcs_LOGO-01(040pct)(mark)] > > > > > > *From:* Advancement Services Discussion List < > FUNDSVCS@LISTSERV.FUNDSVCS.ORG> *On Behalf Of *John Taylor > *Sent:* Tuesday, March 26, 2019 11:17 AM > *To:* FUNDSVCS@LISTSERV.FUNDSVCS.ORG > *Subject:* Re: [FUNDSVCS] Event Question > > > > If anyone can walk in off the street and get a free breakfast, then you > are fine there. But if paying to attend the event is the only way to eat, > then you must calculate a FMV. > > > > But giving free advertising (beyond name recognition and contact > information) makes the entire payment non-deductible, period. > > > > John > > John Taylor > > 919.816.5903 > > johntaylorconsulting@gmail.com > > > > Big ideas; small keyboard > > > On Mar 26, 2019, at 11:12 AM, Rich, Elizabeth <riche@elms.edu> wrote: > > Dear Colleagues, > > I hope your brackets are in tact. I have a tax question for you. We are > holding an breakfast event and have asked our vendors and other companies > for sponsorships of the event. There are different levels that get > different things, such as seating at tables and advertising. The breakfast > is free for everyone and advertising has minor cost, so they are not really > getting anything. The sponsorship is basically a gift to our annual fund. > The question is, must I subtract the cost of breakfast and advertising from > the gift amount as non-taxable amount? > > Thanks, > > Elizabeth Rich > > > > -- > > Elizabeth Rich > Director of Advancement Services > Elms College, 291 Springfield Street, Chicopee, MA 01013 > Ph: 413-265-2403 Fax: 413-265-2449 > > To make a gift: http://www.elms.edu/make-a-gift-online/ -- Elizabeth Rich Director of Advancement Services Elms College, 291 Springfield Street, Chicopee, MA 01013 Ph: 413-265-2403 Fax: 413-265-2449 To make a gift: http://www.elms.edu/make-a-gift-online/


  • 6.  Re: Event Question

    Posted 03-27-2019 08:09 AM
    Yes - that sounds fine! The details regarding what does - and does not - constitute "advertising" from an IRS perspective can be found in the Legal and Law-Related section of the download site. 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 Wed, Mar 27, 2019 at 9:07 AM Rich, Elizabeth <riche@elms.edu> wrote: > > Thanks for the quick response. I should have been more specific about > "advertising." We are just recognizing the sponsors at the event by > thanking them on a screen and with tent cards on the table. Basically just > logo and name recognition. So, it sounds like we are good to go. Thanks > again for your help. > Liz Rich > > Date: Tue, 26 Mar 2019 13:02:46 -0400 > From: John Taylor <johntaylorconsulting@GMAIL.COM> > Subject: Re: Event Question > > You have recalled that bit on advertising correctly, Alan. However, you do > need to demonstrate that non-sponsors have the opportunity to purchase that > same advertising. You see this often in athletic publications where a > major contributor business is "given" a half-page ad in exchange for their > donation. But "Bob's Athletic Surplus" store down the street could also > purchase a half-page ad without having to make a sponsorship payment. > > And, again, it isn't "advertising" in the eyes of the IRS if it's simply > name/logo and contact information. > > 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 26, 2019 at 12:46 PM Hejnal, Alan < > 00000031f8bb5829-dmarc-request@listserv.fundsvcs.org> wrote: > > > Just to clarify, the issue related to the meal is in the context of what > > the donor contributed, and what the donor (or its guests or other people > of > > its choosing) receive in return. > > > > > > > > So, as John says, if the gift results in the donor or the donor’s guests > > receiving a meal that they wouldn’t have received otherwise, the fair > > market value of the meals provided to those specific people would have to > > be considered a benefit. > > > > > > > > But since you say that the breakfast is free, I was wondering whether you > > might be asking about the mere fact that part of the sponsorship is > > underwriting the breakfast. If the sponsor is merely underwriting the > > breakfast as part of the event, that doesn’t affect the deductibility of > > the sponsorship (subject to the usual determination that the event > supports > > the mission of the charitable organization). If the sponsor (or people > of > > its choosing) isn’t getting anything because of its gift, then there’s > no *quid > > pro quo.* Or, put another way, if the donor underwrites the breakfast > > and all attendees get to eat for free, the fact that attendees > representing > > the donor also eat doesn’t create a *quid pro quo*, because they’re not > > getting to eat as a benefit provided to the donor that isn’t provided > > generally. > > > > > > > > John, I seem to remember an analysis that if an event/publication > > establishes a price for advertising ($100 for a half-page ad or > whatever), > > that establishes the value of the advertising, so that if a charitable > > sponsor receives such an ad as part of their sponsorship, it doesn’t > > invalidate the charitable nature of the entire sponsorship, just reduces > it > > by the established value of the benefit. Has that been superseded? > > > > > > > > My US$0.02 worth; the usual disclaimers apply. > > > > > > > > Good luck! > > > > > > > > *Alan* > > > > > > > > *Alan S. Hejnal * > > > > Data Quality Manager > > > > Smithsonian Institution - Office of Advancement > > > > 600 Maryland Avenue SW, Suite 600E > > > > P.O. Box 37012, MRC 527 > > > > Washington, DC 20013-7012 > > > > (: 202-633-8754 | *: HejnalA@si.edu > > > > > > [image: SNAGHTML5cbfa34] <https://www.si.edu/> > > [image: AASP_FundSvcs_LOGO-01(040pct)(mark)] > > > > > > > > > > > > *From:* Advancement Services Discussion List < > > FUNDSVCS@LISTSERV.FUNDSVCS.ORG> *On Behalf Of *John Taylor > > *Sent:* Tuesday, March 26, 2019 11:17 AM > > *To:* FUNDSVCS@LISTSERV.FUNDSVCS.ORG > > *Subject:* Re: [FUNDSVCS] Event Question > > > > > > > > If anyone can walk in off the street and get a free breakfast, then you > > are fine there. But if paying to attend the event is the only way to > eat, > > then you must calculate a FMV. > > > > > > > > But giving free advertising (beyond name recognition and contact > > information) makes the entire payment non-deductible, period. > > > > > > > > John > > > > John Taylor > > > > 919.816.5903 > > > > johntaylorconsulting@gmail.com > > > > > > > > Big ideas; small keyboard > > > > > > On Mar 26, 2019, at 11:12 AM, Rich, Elizabeth <riche@elms.edu> wrote: > > > > Dear Colleagues, > > > > I hope your brackets are in tact. I have a tax question for you. We are > > holding an breakfast event and have asked our vendors and other companies > > for sponsorships of the event. There are different levels that get > > different things, such as seating at tables and advertising. The > breakfast > > is free for everyone and advertising has minor cost, so they are not > really > > getting anything. The sponsorship is basically a gift to our annual fund. > > The question is, must I subtract the cost of breakfast and advertising > from > > the gift amount as non-taxable amount? > > > > Thanks, > > > > Elizabeth Rich > > > > > > > > -- > > > > Elizabeth Rich > > Director of Advancement Services > > Elms College, 291 Springfield Street, Chicopee, MA 01013 > > Ph: 413-265-2403 Fax: 413-265-2449 > > > > To make a gift: http://www.elms.edu/make-a-gift-online/ > > -- > > Elizabeth Rich > Director of Advancement Services > Elms College, 291 Springfield Street, Chicopee, MA 01013 > Ph: 413-265-2403 Fax: 413-265-2449 > > To make a gift: http://www.elms.edu/make-a-gift-online/ >