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  • 1.  2% Rule

    Posted 09-30-2023 05:18 PM

    Greetings All,

    I know this topic has been discussed ad infinitum, and I feel like the insubstantial benefits rule is engraved on my heart, but in truth, I haven't had to apply it in a long time.  I'm in a situation now where I'm getting so much pushback from a colleague, that I'm starting to doubt myself.   My colleague would like to offer a medallion with the university name on it to students at graduation in return for a donation, and they asked me about the maximum cost the item could be to still be considered insubstantial.

    The issue is with the 2% rule.   They would like to set the lowest donation level at  $20.24.   My understanding is that the 2% rule comes into play when the donation is below 62.50 (for 2023).   Again, my understanding is that the maximum value of the item can be no more than  2% of the donation, which in this case is  40 cents.   Her understanding is that the donation must exceed five times the cost of the benefit, so therefore the benefit can be $4 (4X5=20).   

    Am I wrong?

    My colleague has said to me that other schools are offering items that cost $4.   She may not realize that the schools are (hopefully) informing the donor of the value of the benefit.  I've offered her this option several times, which she has rejected - I feel that there must be some misunderstanding here that I need to get to the bottom of.

    Thanks all for your help.  It's been a difficult conversation, and I need a reality check.

    Marcy Serkin 
    Associate Vice President, Advancement Operations| Institutional Advancement 
    Desk: 215.926.2546| Mobile: 646.763.2811

    marcy.serkin@temple.edu
    giving.temple.edu  



    ------------------------------
    Marcy Serkin
    Temple University
    marcy.serkin@temple.edu
    ------------------------------


  • 2.  RE: 2% Rule

    Posted 09-30-2023 06:42 PM
    There are two benefit categories where issuing a QPQ receipt is avoided:
    1. Token benefits valued at no more than $12.50 in the aggregate. These must have your name or logo on them and can only be given when the donation exceeds $62.50
    2. 2% or $125 - whichever is less - this applies to all benefits that do not meet the category #1 benefits.
    There is no "five times the cost" rule. That's the first time I've even heard such a thing!

    Also, just because other institutions might not follow IRS regulations does not mean it is okay for you to. I hope, as you, that the other institution is telling donors that their gift must be reduced by the $4 FMV.

    Your colleague is wrong. Sorry. They can certainly seek another opinion from either your Counsel or the IRS.

    John

    John H. Taylor
    Principal
    John H. Taylor Consulting, LLC
    2604 Sevier St.
    Durham, NC   27705
    919.816.5903 (cell/text)

    Serving the Advancement Community Since 1987






  • 3.  RE: 2% Rule

    Posted 10-01-2023 06:00 AM

    Thank you for such a quick response!   You've put my mind at ease.  I suspect counsel may well be our next stop, unfortunately.

    The "five times" rule was something my colleague found on this website:

    https://www.501c3.org/kb/token-and-low-cost-gifts/

    Thank you again,

    Marcy



    ------------------------------
    Marcy Serkin
    Temple University
    marcy.serkin@temple.edu
    ------------------------------



  • 4.  RE: 2% Rule

    Posted 10-01-2023 06:13 AM
      |   view attached
    That is simply how the IRS establishes the annual MINIMUM gift amount to receive a token. They are not saying you can give a $1 token for a $5 gift. Your friend is misreading this article and not reading the IRS text.

    This does not change the IRS rule that states that to receive ANY token item, the minimum gift amount must be $62.50. That's the value for 2023. In 2021 when this note was written, it was $11.30. But in all cases, per the attached annual update from the IRS, to receive any toke, you must make a MINIMUM gift of $62.50.

    John

    John H. Taylor
    Principal
    John H. Taylor Consulting, LLC
    2604 Sevier St.
    Durham, NC   27705
    919.816.5903 (cell/text)

    Serving the Advancement Community Since 1987





    Attachment(s)



  • 5.  RE: 2% Rule

    Posted 10-04-2023 12:11 PM

    Just to close the loop - this did end up with our legal counsel, and he made the decision that the items could be considered insubstantial based on advice from external counsel.  I did, of course, ask for this in writing!

    I'm still glad to know I was applying the rule correctly.

    Thank you again,

    Marcy



    ------------------------------
    Marcy Serkin
    Temple University
    marcy.serkin@temple.edu
    ------------------------------



  • 6.  RE: 2% Rule

    Posted 10-04-2023 01:04 PM

    Or, to restate this with a slightly different framing, it is true that the minimum gift to qualify for the low-cost exception is 5 times the maximum cost of the low-cost item.  These were originally $25 and $5, since adjusted by inflation.  

     

    But those are fixed each year, and don't scale to be 5 times some arbitrary value of a benefit. 

     

    And, of course, the size of the gift is a minimum, and the cost of the benefit a maximum.

     

    My US$0.02 worth; the usual disclaimers apply.

     

    Good luck!

    Alan

     

    Alan S. Hejnal (he/him)

    Data Quality Manager

     

    SNAGHTML5cbfa34

     






  • 7.  RE: 2% Rule

    Posted 10-04-2023 01:26 PM
    Nicely restated, Alan!

    John H. Taylor
    Principal
    John H. Taylor Consulting, LLC
    2604 Sevier St.
    Durham, NC   27705
    919.816.5903 (cell/text)

    Serving the Advancement Community Since 1987