Thanks so much for your response. I appreciate it!
Gwen
On Tue, Aug 13, 2019 at 5:10 PM Isaac Shalev <
isaac@sage70.com> wrote:
> The basic rule is that donations can't be directed to specific
> individuals, only to entire classes of individuals. Thus, there is no
> problem soliciting parents for contributions, so long as those
> contributions are for the team overall, not individual students. There are
> IRS publications regarding booster clubs, specifically, that may be worth
> studying, as the issues are substantially similar. (eg
>
https://www.irs.gov/pub/irs-tege/eotopica93.pdf )
>
> There's no problem with a solicitation letter that says a contribution of
> $x can help us pay for expenses such as: $50 = ball $200 - hotel room, etc.
> None of these are private benefits for particular students, they are all
> team expenses, even though a particular student may sleep in a given room.
> These lists are intended as examples, not gift restrictions. They help make
> a contribution feel more concrete, that's all. They don't improperly direct
> a gift towards a known individual, for their private benefit.
>
> Another important distinction between improper private inurement and
> proper donation is the issue of the class of beneficiaries. A small, known
> class is problematic - the Supreme Court basically says that if you know
> exactly who will benefit, it's not charity anymore. However, in the case of
> an athletic program, the beneficiaries are not only the student athletes,
> they are the university community as a whole, including fans, and even
> opposing teams. The contributions aren't supporting a specific person,
> they're supporting the charitable purpose of collegiate athletics more
> broadly.
>
>
> Thank you,
> Isaac Shalev
> CRM Expert
> Sage70, Inc.
> (917) 859-0151
>
isaac@sage70.com
>
> Schedule a *30-minute consultation *now:
>
https://calendly.com/sage70/30min
>
>
> On Tue, Aug 13, 2019 at 5:26 PM Gwen Donev <
gwendonev@gustavus.edu> wrote:
>
>> That's great advice.
>>
>> Do others of you (in higher ed) have a policy or practice on soliciting
>> current parents, particularly for current parents of student-athletes? Do
>> you allow the sports programs to send them solicitations? And if so, how do
>> you avoid the potential appearance of private benefit that could arise?
>>
>> Thanks again!
>>
>> On Mon, Aug 12, 2019 at 3:10 PM John Taylor <
>>
johntaylorconsulting@gmail.com> wrote:
>>
>>> IRS Publication 526 is your authoritative source pertaining to what is -
>>> and is not a tax-deductible gift. In very broad terms, it must be given to
>>> or for the use of the nonprofit organization. Wherein a gift can benefit
>>> only a small group of people, there is no gift.
>>>
>>> What your athletics department must do, IMHO is not offering donors the
>>> ability to specify ANY of these items. Rather, they should be solicited
>>> for the general athletic fund - which supposedly benefits the entire
>>> college - and lists things that their gifts could support. In other
>>> words, show examples of how their gift *can* be used - rather than how
>>> it WILL be used.
>>>
>>> Goodness, going the route you mention would mean having to keep detailed
>>> track of money coming in and going out to prove to each donor that their
>>> gift did what you promised!
>>>
>>> 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, Aug 12, 2019 at 2:58 PM Gwen Donev <
gwendonev@gustavus.edu>
>>> wrote:
>>>
>>>> Along these same lines, I need some coaching on the correct response to
>>>> an athletic team that would like to send a solicitation to its supporters
>>>> (including athletes' parents). The solicitation letter currently solicits
>>>> the opportunity for supporters to target their giving with a list of
>>>> options, like $100 for a Player Practice Gear Set, $30 for a Game
>>>> Ball, $150 Hotel Room on Away Trip, etc., and the item's corresponding
>>>> price. Obviously a game ball benefits the whole team, whereas a gear set or
>>>> a hotel room could be seen as outfitting their particular student, even if
>>>> they don't name their student on the check. Is there an IRS rule or
>>>> guideline I can refer to, that lists what can be counted as a charitable
>>>> donation, and where the distinction is drawn when it is potentially a
>>>> benefit that can't be counted as a charitable donation, so that we can all
>>>> feel more comfortable about these kinds of solicitations?
>>>>
>>>> Thanks!
>>>>
>>>> On Thu, Jul 25, 2019 at 12:31 PM John Taylor <
>>>>
johntaylorconsulting@gmail.com> wrote:
>>>>
>>>>> Yes, this is the correct response. And for your second scenario to
>>>>> work the funds would need to go into a general "XYZ Tournament Fund" and
>>>>> not only not directed to specific students but also not a specific trip.
>>>>>
>>>>> John
>>>>>
>>>>> John H. Taylor
>>>>> Principal, John H. Taylor Consulting
>>>>> 2604 Sevier St.
>>>>> Durham, NC 27705
>>>>>
johntaylorconsulting@gmail.com
>>>>> 919.816.5903 (cell/text)
>>>>>
>>>>> Join me for 2-days of Advancement Services programming at the
>>>>>
>>>>> Midwest Meeting of the Minds conference this August!
>>>>>
>>>>>
http://midwest-motm.org/
>>>>>
>>>>>
>>>>> On Thu, Jul 25, 2019 at 1:18 PM Gwen Donev <
gwendonev@gustavus.edu>
>>>>> wrote:
>>>>>
>>>>>> Scenario: an athletic program is doing a fundraiser for a trip to
>>>>>> participate in a tournament abroad. We want to be sure to avoid issues with
>>>>>> treating as charitable gifts, payments which come in that are not actually
>>>>>> gifts, but payments made by parents (or other family members) who have a
>>>>>> student going on the trip. I read through IRS Pub 526 but wasn't able to
>>>>>> spot a clear answer.
>>>>>>
>>>>>>
>>>>>>
>>>>>> What we've said in the past is:
>>>>>>
>>>>>> - *If you’re making an ask to the parents of current students
>>>>>> that will be going on the trip, the money is not a charitable donation
>>>>>> until which point it exceeds the cost of the trip. So if the trip would be
>>>>>> $2,000 and the parent gives $2,500 only the $500 is a charitable donation.
>>>>>> Also no monies can be given to a particular person attending the trip to
>>>>>> pay for their trip - this would not be considered a charitable donation.*
>>>>>> Is this the correct response? If so, what if a trip is estimated to
>>>>>> cost $2,000/student. Only one family makes a contribution to the
>>>>>> campaign (non-student-specific). They give $2,000 which gets split across
>>>>>> all 20 students participating. Now the trip costs $1,900 for everyone and
>>>>>> the student pays $1,900 and her family gave $2,000.
>>>>>>
>>>>>> Thanks!
>>>>>> Gwen
>>>>>>
>>>>>> --
>>>>>> *Gwen Donev*
>>>>>>
>>>>>> Director of Advancement Services
>>>>>>
>>>>>> Gustavus Adolphus College
>>>>>>
>>>>>> 800 West College Avenue
>>>>>>
>>>>>> Saint Peter, Minnesota 56082
>>>>>>
>>>>>>
>>>>>>
>>>>>> Email:
gwendonev@gustavus.edu
>>>>>>
>>>>>> Office: 507.933.6515
>>>>>>
>>>>>
>>>>
>>>> --
>>>> *Gwen Donev*
>>>>
>>>> Director of Advancement Services
>>>>
>>>> Gustavus Adolphus College
>>>>
>>>> 800 West College Avenue
>>>>
>>>> Saint Peter, Minnesota 56082
>>>>
>>>>
>>>>
>>>> Email:
gwendonev@gustavus.edu
>>>>
>>>> Office: 507.933.6515
>>>>
>>>
>>
>> --
>> *Gwen Donev*
>>
>> Director of Advancement Services
>>
>> Gustavus Adolphus College
>>
>> 800 West College Avenue
>>
>> Saint Peter, Minnesota 56082
>>
>>
>>
>> Email:
gwendonev@gustavus.edu
>>
>> Office: 507.933.6515
>>
>
--
*Gwen Donev*
Director of Advancement Services
Gustavus Adolphus College
800 West College Avenue
Saint Peter, Minnesota 56082
Email:
gwendonev@gustavus.edu
Office: 507.933.6515