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  • 1.  Benefits Documentation

    Posted 10-24-2022 05:24 PM
    Hi all,

    Can someone point me to the documentation that outlines which organizations are allowed to accept/decline benefits? For example, DAFs cannot accept benefits. Which publication outlines this information?

    Thank you.

    ------------------------------
    Valeri Estrada
    Project Manager, Philanthropy Operations
    Los Angeles Philharmonic Association
    vestrada@laphil.org
    ------------------------------


  • 2.  RE: Benefits Documentation

    Posted 10-24-2022 05:31 PM
    It is mostly DAFs and private foundations that cannot receive benefits.  The official guidance from both the IRS and Council on Foundations has been shared on FundSvcs and can be found in the FundSvcs document library.

    John H. Taylor 
    919.816.5903 (Cell/Text)

    Big Ideas; Small Keyboard





  • 3.  RE: Benefits Documentation

    Posted 10-25-2022 09:14 AM

    Hi Valeri,

    It might be helpful to take one step back from your question and focus on what the IRS is trying to prevent. In this case it is self-dealing.

     

    https://www.irs.gov/charities-non-profits/private-foundations/self-dealing-by-private-foundations-providing-goods-services-or-facilities

     

    Because foundations are giving their donors a charitable receipt for their contributions it is particularly important that they don't allow direct benefits to their donors after the fact related to their gift. The reason private foundations and DAF's are the focus of this is that those are the instances where the donor has the most control over how the funds are allocated and, therefore, the best opportunity to engage in self-dealing.

     

    If you start with that, then you can apply it to future iterations or brandings of this same concept. They already exist with some programs that are marketed as matching gift or payroll deduction services but a really just evolutions of donor advised funds.

     

    Best,

     

    John Smilde

    Director of Gifts and Records Administration

    Advancement and Alumni Relations

    George Mason University

    4400 University Drive, MSN 1A3

    Fairfax, VA 22030

    703.993.8680

    jsmilde@gmu.edu

     

    This electronic message contains confidential information which is, in whole or in part,

    subject to exclusion from disclosure under the Freedom of Information Act pursuant to

    §2.2-3705.4.7. of the Code of Virginia.

     

     

     

     






  • 4.  RE: Benefits Documentation

    Posted 10-25-2022 11:03 AM
    That's a great summary, John!

    Also, Valeri, in addition to the plethora of legal materials previously shared on FundSvcs, the fund providers are concerned about these rules.  For example, here is a link to the Fidelity grant application form.  Note the signature section (7 - first two bullets) and that the individual applying for a grant must certify that the grant will not result in benefits and that the grant will not be used to satisfy a pledge:


    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







  • 5.  RE: Benefits Documentation

    Posted 10-25-2022 03:33 PM
    I'm looking for something more straightforward. We need to prepare a document with the rules to present to some of our staff. Yes, it's helpful to understand the logic behind it, but they need to be able to quickly reference something that says whether or not a contribution can be accepted.

    ------------------------------
    Valeri Estrada
    Project Manager, Philanthropy Operations
    Los Angeles Philharmonic Association
    vestrada@laphil.org
    ------------------------------



  • 6.  RE: Benefits Documentation

    Posted 10-25-2022 05:12 PM
    The best non-technical guidance is that if the check is from a DAF or Private Foundation, the gift should be accepted but benefits should not be provided. If there's any ambiguity as to whether the donor was expecting benefits, based on the enclosures with the gift, the gift should be kicked up to review by someone who is more conversant in the rules prior to acceptance. 


    Thank you,
    Isaac Shalev
    Data Strategy Expert
    Sage70, Inc.
    (917) 859-0151
    isaac@sage70.com

    Schedule a 30-minute consultation now:







  • 7.  RE: Benefits Documentation

    Posted 10-25-2022 05:20 PM
    Thanks everyone. I was able to get the information I needed.

    ------------------------------
    Valeri Estrada
    Project Manager, Philanthropy Operations
    Los Angeles Philharmonic Association
    vestrada@laphil.org
    ------------------------------