John,
Thanks for the additional pointers. I did skim over the auction piece as the vendor is doing the auction on our behalf, and the gift is to their charitable foundation, not us directly. So, they're responsible for that portion. Of course, I'll be checking to make sure they are actually doing those things.
Regarding the receipting of the rounds of golf to be auctioned off, that's a good idea to not receipt until after the auction. Even then, do you normally get something in writing from the donor committing them to actually paying for the round? I guess what's confusing me is that with the GIKs we normally get, there's usually a physical thing we take possession of or, in the rare certainly not encouraged cases, a donor provides us with a receipt for something they paid for that we would normally pay for (e.g. catering for an event). The GIK always happens after the fact. Here, we're auctioning off something without ever actually receiving it.
Regarding your note on sales tax, can you clarify exactly what you mean? Are you saying if a donor wins an auction for a round of golf with a FMV of $1,000 with a winning bid of $2,000, we (Lehigh) would need to remit sales tax on the $1,000 non-charitable portion? That's not something I've encountered before. As I said, we don't really do auctions here (at least not that DAR is made aware of -- which is another problem entirely). If that's the case, I wonder how that's impacted by the fact that the vendor is running the auction, and we just get proceeds. They're not our agent in this case.
Thanks.
Sean
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Sean Shappell
Lehigh University
ses211@lehigh.edu------------------------------
Original Message:
Sent: 02-04-2025 04:44 PM
From: John Taylor
Subject: Donation of Round of Golf for Auction
One quick point - only the portion of the winning bid over and above the FMV of the item they purchased is a charitable donation - and the donor gets a QPQ receipt. There is no gift if the winning bid is at or below FMV. Here's a summary from the IRS:
And winning bids cannot be paid from a DAF or a private foundation.
For the in-kind donation, I never issue a receipt until after the auction, as often, if something doesn't sell, the donor asks for it back.
And it does not matter if the winning bidder never uses what they bought.
And you cannot issue any receipt for services or partial interest items. For example, if a Country Club gives you rounds of golf or a hotel donates free rooms, those are not tax-deductible gifts. There are many other rules and regs - it's best to work out details with your CFO and Counsel.
And keep in mind that you have to pay state sales tax on all of those purchases! Usually, that's done as one lump sum taken from the total proceeds - but it's a necessary evil!
John
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