You will want to involve Counsel in establishing the partnership agreement with all parties.
And nothing is stopping you from giving the church soft credit.
There's nothing wrong with annual giving setting up a donation site. The church will still want people to register. Since the church will be legally partnered with you for this effort, they certainly should provide you with a list of attendees so you can add that attribute to their records.
John H. Taylor, PrincipalJohn H. Taylor Consulting, LLC
2604 Sevier Street
Durham, NC 27705
919.816.5903 (cell/text)
Serving the Advancement Community Since 1987
Original Message:
Sent: 2/11/2024 4:07:00 PM
From: Meg Tallman
Subject: RE: Benefit concert - clarification
Thank you, John.
This is clean, then, from a gift perspective. We would have to make sure that it's palatable on the part of the venue/host (it is a church and associated community) that there not be credit given to them, nor the individual attendees. Is any additional contracting needed for them to serve as an agent on our behalf, accepting payments? We have had this happen after-the-fact before when a 5K has been held, and a portion of the proceeds were sent to our institution afterwards.
Would there be any dollar amount thresholds above which such an arrangement is no longer valid?
And then our annual giving team could still have an online giving page in support of the cause, for separate gifts for those that decide to give individually outside of the event, correct?
Of course, our Development team will want to know who attended and whether there are further relationships to build with the university. They will want to know that we had a good reason not to have people register. Would that reason be that it's problematic to assess a FMV for attendees?
Thanks very much!
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Meg Tallman
University of Delaware
mtallman@udel.edu
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Original Message:
Sent: 02-11-2024 02:51 PM
From: John Taylor
Subject: Benefit concert - clarification
I suggest that the best solution is to allow the venue to serve as an agent on your behalf to accept payments. I would also suggest that the even be treated as a "proceeds to benefit" event so no one has to deal with calculating the FMV of benefits (there is still a FMV for attendees even if the event is underwritten) or issuing tax receipts. This should not be an issue as only 10% of individuals are itemizing these days.
Then, when the proceeds are delivered you do not issue ANY receipt. Unsteady you record the amount on a "various donors" record for counting purposes.
BTW, the donor of the venue does not receive any deduction for the use of the venue as that is considered "partial interest" by the IRS (Publication 526), making that not tax deductible.
John
John H. Taylor, PrincipalJohn H. Taylor Consulting, LLC
2604 Sevier Street
Durham, NC 27705
919.816.5903 (cell/text)
Serving the Advancement Community Since 1987
Original Message:
Sent: 2/11/2024 3:43:00 PM
From: Meg Tallman
Subject: Benefit concert - clarification
Hello,
I've read a dozen posts, and they help me shape my view on this, but I would love to have additional clarity on this matter.
We have a music group at our university seeking to defray costs for an overseas performance trip.
A generous offer has been made by a constituent to (1) provide a performance space and (2) invite the community associated with that space to attend a benefit concert performed by the group.
The university is already reviewing a no-charge contract with the venue in relation to the local outing for the music group to perform. As part of this process, questions came up about how the "donation" would be handled. I am fairly new to my role, and we don't do this much. We see two possible avenues:
1) The individual or the venue's organization (I don't know which it will be yet) runs the event and takes all payments. Then this non-university host of the event delivers a single check of all donations made at the event. We would notify the host of the event that they should consult their tax advisor regarding the funds being collected, then paid to the university as a gift. Individual donors are not receipted by our institution.
2) In advance of the event, our institution offers registration for a free event, with a suggested donation amount. This allows for PCI-compliant credit card charges, and accurate information about all donors. Since the contributions are payable directly to the institution, the donors can be directly receipted. Is the actual performance not a quid pro quo if it is free to all?
Are either or both of these methods legitimate approaches? If neither work, what would be a way to facilitate such a fundraising opportunity?
Even if we take pathway 2 - perhaps individuals will be moved to give additional amounts at the event. Thoughts on how to best handle those? Checks payable to our institution or online credit card payments ideally?
Thanks for any insights you can offer!
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Meg Tallman
University of Delaware
mtallman@udel.edu
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