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  • 1.  Is this a gift?

    Posted 4 days ago

    Good afternoon,

    I could use your advice on a situation I haven't encountered before.

    We had a donor with a CRT in which we held a vested remainder interest approach us about being released from that interest. In short, we agreed to the release, and in return they made a gift to us; less than the value of our original interest, but still substantial.

    My question is whether that gift would be considered tax deductible. The donor isn't receiving anything of direct economic value in return, other than the ability to redesignate that portion of the CRT remainder to another charity.

    Thanks in advance for your insight!



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    Rachel Ellis
    Point Loma Nazarene University
    rellis2@POINTLOMA.EDU
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  • 2.  RE: Is this a gift?

    Posted 4 days ago
    This feels like a quid pro quo. You would not be receiving the gift if you didn't agree to the release. In essence, the donor is "buying" your concurrence.

    So, no gift.

    Furthermore, you likely already counted your portion of the CRT (or should have per CASE Standards). You now need to reverse that gift and reduce your giving totals.

    John

    John H. Taylor, Principal
    John H. Taylor Consulting, LLC
    2604 Sevier Street
    Durham, NC     27705

    919.816.5903 (cell/text)

    Serving the Advancement Community Since 1987