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Proposal for handling pledges paid by DAF

  • 1.  Proposal for handling pledges paid by DAF

    Posted 08-15-2023 08:04 AM

    As we are in a CRM migration project, I am thinking through several of our pain points.  Of course processing gifts from DAFs where the intention is to pay on a pledge.

    I've reviewed the 2017 IRS notice and the terms of the "big three" (Fidelity, Schwab, and Vangard) DAFs. All three still have language stating that a DAF grant cannot fulfill an "enforceable" "legal obligation" or "legally binding" pledge. SO, the 2017 Notice really doesn't change anything.

    I am exploring creating a new pledge type for our system "non-binding pledge" or equivalent to record pledges where the donor indicates that they intend to use a DAF to fulfill. The pledge/intent form would be altered to indicate non-binding. And, since they are non-binding we would not record these pledges in financials/balance sheet. We would just record the received funds as they come in.

    The hope is this eliminates the need to do the reduce pledge process when a DAF payment comes in and all the reporting that comes with that to ensure a DAF today isn't counted becaus a pledge recorded two years ago was.

    I know this doesn't solve the issue of a DAF grant coming where the donor doesn't tell us ahead of time they are paying with a DAF. That is unavoidable.  

    I would appreciate any feedback on this proposed process. 



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    Jeff Baynham
    NC State University
    jtbaynha@ncsu.edu
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  • 2.  RE: Proposal for handling pledges paid by DAF

    Posted 08-15-2023 08:29 AM
      |   view attached
    I do not like nonbinding pledges, as they cannot be "banked" on. As you mentioned, these are not bookable for finance purposes, as those pledges must be binding and enforceable. You will want to get buy-in from the CFO as these will reduce your balance sheet.

    Nonbinding pledges are also not recognized in the same way as standard pledges for CASE purposes. They count more as "conditional" pledges, often not recognized by many organizations in campaign totals.

    I prefer making most pledges binding. Even if the donor anticipates DAF payments contributing to their effort! To make this possible, I use the attached pledge template. Of course, this does not allow you to apply a DAF gift to the pledge. But it does allow you to "book" the entire pledge at the outset.

    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)



  • 3.  RE: Proposal for handling pledges paid by DAF

    Posted 08-15-2023 08:50 AM

    I have already assessed the impact on the balance sheet and had a conversation with our finance team. They are on board. They don't like having to restate pledges every time we reduce them, creating audit flags. 

    The pledge reduction is the pain point I want to solve. 



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    Jeff Baynham
    NC State University
    jtbaynha@ncsu.edu
    ------------------------------



  • 4.  RE: Proposal for handling pledges paid by DAF

    Posted 08-16-2023 08:48 AM

    Hi Jeff,

    That's exactly what we're doing. Our non-binding pledges are excluded from most (but not all) counting and from the feed to finance. We've found it to be a good solution, especially in the reduction of the number of pledges that have to be reduced. Additionally, knowing that there is a specific way to track these may help the development officers turn in the correct information instead of us being surprised by it every time.

    Lianna



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    Lianna Bodzin
    Colorado School of Mines
    lbodzin@mines.edu
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  • 5.  RE: Proposal for handling pledges paid by DAF

    Posted 08-16-2023 09:22 AM

    Thanks, Lianna.  For pledges recorded where it was not known that a DAF would be used for payment, are you still using the existing practice of reducing the pledge? 



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    Jeff Baynham
    NC State University
    jtbaynha@ncsu.edu
    ------------------------------



  • 6.  RE: Proposal for handling pledges paid by DAF

    Posted 08-16-2023 12:20 PM

    Yes, we are reducing the pledge in those cases. I'll certainly be forwarding Isaac's analysis below to the appropriate people on staff to see if they think we could stop doing that, though. It's a pain and an opportunity for errors.



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    Lianna Bodzin
    Colorado School of Mines
    lbodzin@mines.edu
    ------------------------------



  • 7.  RE: Proposal for handling pledges paid by DAF

    Posted 08-16-2023 12:34 PM

    Jeff,

    Your proposed way of doing things is pretty much exactly how we do it at Lehigh. We have a pledge type of "Statement of Intent" and a corresponding "pledge" template for those types of agreements.

    This has helped to significantly mitigate our admin work with writing down pledges, which, at least in the way our system is currently set up, is more work than having the separate pledge type and dealing with any reporting the two types of pledges. Of course, as you already pointed out, this only helps when donors actually tell us they're paying with a DAF, etc... We still get a non-trivial amount of DAF "surprises," but we've been doing this for long enough now that most donors and DOs are pretty good about establishing the payment method up front.

    John,

    Curious as to what you're referencing when you say, "Nonbinding pledges are also not recognized in the same way as standard pledges for CASE purposes." I was under the impression that the newest version of the CASE Global Reporting Standards cleared this up, at least for the types of nonbininding pledges Jeff and I are talking about. On page 58 it says:

    In some cases, a "Letter of Intent" or "Intent to Give Agreement" may be used in lieu of a formal pledge agreement. This is similar to receiving a letter from a donor to memorialize a pledge, but is often used when the commitment may be made or fulfilled using multiple donor funding sources such as a combination of personal individual gifts, foundations gifts, or donor-advised fund distributions. The donor or donor advisor avoids any potential issues regarding substantive benefit (also known as self-dealing or inurement in some countries/regions) by not having a legally binding pledge, but the institution is able to document, memorialize, recognize and count gift intentions.
    When reporting Funds Received in CASE AMAtlasSM surveys, only the corresponding payments / gifts resulting from Intents to Give should be included in the years they are received.
    When reporting New Funds Committed in CASE AMAtlasSM surveys, Intents to Give may be counted and reported with Pledges. CASE recommends that institutions consider reporting Intents to Give separately from Pledges and Conditional Pledges in their own internal / external reports.
    When reporting Campaign totals, Intents to Give may be counted and reported with Pledges.

    Is there something else you're referring to that I'm missing?


    Thanks.

    Sean



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    Sean Shappell
    Lehigh University
    ses211@lehigh.edu
    ------------------------------



  • 8.  RE: Proposal for handling pledges paid by DAF

    Posted 08-15-2023 10:07 AM

    Hi Jeff....

    I've seen "development only" pledges booked for DAF's.  This allows tracking of the pledge for fundraising purposes and reporting, while also permitting them to be excluded from the financials and the feed to the GL.  This will underestimate your receivables slightly, if anything you are being conservative on collectibles, not overestimating.  

    Hope this helps, 

    Terry Callaghan 

    Zuri Group

    aasp Board Member



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    Terry Callaghan
    Zuri Group
    terry@zurigroup.com
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  • 9.  RE: Proposal for handling pledges paid by DAF

    Posted 08-15-2023 11:31 AM
    Hi Jeff,

    The nonbinding pledge solution is workable, and in line with what Fidelity and Schwab advise that their DAF-holders do. They even provide non-binding pledge forms that can be issued from their online portals. Defining a pledge of this type in your CRM up front will give you the opportunity to work through your reporting and decide which reports ought to count those types of pledges on an accrual basis, and which should count them only on a cash basis. This will help you to address issues like crediting donors and solicitors, valuing your pipeline, and reconciling with finance.

    Even though this is an expedient solution, there are some objections to it. If a donor wants to make a promise to pay, whose interests are being served by steering them to instead make a promise to ask their DAF to pay? Admin burdens are real, but I can't help but feel like nonprofits are being steered by Fidelity and friends' risk management considerations rather than what's truly in the organization's best interests. It can also be deceptive or unclear to the donor, especially if they don't get credited when they expect to, or in the way they expect to, because of the manner in which they were steered to give the gift. 

    If you're interested, you can read on for my argument on why you should rely on 2017-73, otherwise just skip the rest. 

    -----

    My advice is that orgs can follow 2017-73. Fidelity and Schwab have both issued public comments to the IRS about notice 2017-73, and were unequivocally supportive of the conclusion that the IRS reached that DAF contributions could satisfy pledges. Schwab, for example, says "We agree with and commend the Treasury and IRS for providing in the Notice that DAFs can make grants that satisfy a donor advisor's legally binding pledges without the grant being treated as a more than incidental benefit..."

    The policy statements from the DAF sponsors are correct, in the sense that the IRS has carved out a narrow exception to the general rules, so the policy statements reflect the general rule, but the policy "makes no reference to the existence of any individual's pledge" (2017-73),and should not be treated as contradicting the stance that DAF grants can pay pledges. 

    At heart, the policies articulated by the DAF sponsors are speaking to matters that they simply have no aegis over. Whether an org chooses to write off or consider as paid a pledge made by a donor is not something that Fidelity can dictate by its own policy. How the debt between the donor and the org ought to be characterized is a professional accounting question that can only be answered by the organization's accountants, not by an outside donor. When they ask the donor to "certify that this grant will not fulfill a pledge" they're similarly overreaching. The donor has no power to certify what the conduct of the nonprofit will be. 

    I would prefer to take the approach that makes the most sense for the donor and the charity, and that has been blessed by the IRS, and which the DAF sponsors themselves support and advocate for, and simply record the payments against the pledges. It's so much cleaner, it aligns better with the reality of what's happening, with all of our tracking and reporting structures, and with our donors' expectations and understanding. 



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

    Schedule a 30-minute consultation now:






  • 10.  RE: Proposal for handling pledges paid by DAF

    Posted 08-16-2023 09:20 AM

    Isaac, I appreciate your response and I would love to take your advice as it would make life much easier.  However, I struggle with following the Notice for a couple of reasons:

    1) It was a request for comments and not a change in IRS policy. They are approaches the IRS "are considering."  Maybe I missed something, but nothing was ever solidified by the IRS following the collection of comments. 

    2) Even if we were to follow the Notice, even today (despite the DAF organizations' support of the considered changes), they all provide language in their grants stating it cannot fulfill a legally binding/enforceable pledge.  So you're suggesting we accept the grants but apply them against the terms provided with the grant.

    Curious how you reconcile these. 



    ------------------------------
    Jeff Baynham
    NC State University
    jtbaynha@ncsu.edu
    ------------------------------



  • 11.  RE: Proposal for handling pledges paid by DAF

    Posted 08-16-2023 11:52 AM
    Jeff, the IRS notice specifically states that "Taxpayers may rely on the rules described in section 4 until additional guidance is issued." (Section 4 is the one that covers the DAF pledge issues). 

    As to the grant language, we need to decouple the accounting treatment from the question of whether you're legally accepting this contribution as payment on the pledge. Neither writing off the pledge, nor applying this 3rd-party payment to it impairs your legal rights as a creditor to pursue repayment on the pledge. The decision of whether to characterize this situation as a writeoff or payment received against the pledge is a decision that rests with your accountants, and that should be made in light of accounting principles that strive to accurately reflect your financial position. Writeoffs are probably not the best way to characterize the situation, because writeoffs are intended to capture shortfalls in revenue, and this is not a shortfall. Their decision to apply the DAF payment to the pledge is a more accurate reflection of what has happened, and what it means for your future expectations of revenue. But it is not the same as accepting a DAF payment as satisfaction of a legal debt, and thus, is still compliant with the grant language. 



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

    Schedule a 30-minute consultation now:







  • 12.  RE: Proposal for handling pledges paid by DAF

    Posted 08-16-2023 12:31 PM
    Issac is correct on the notice language. However, as Jeff points out it does not matter what the IRS says if the DAF prohibits the use of their gifts to pay on pledges.

    Most DAFs disallow the use of their gifts for this purpose. I share a copy of the Fidelity grant form that is quite explicit in this regard during my DAF presentations.

    John H. Taylor 
    919.816.5903 (Cell/Text)

    Big Ideas; Small Keyboard





  • 13.  RE: Proposal for handling pledges paid by DAF

    Posted 08-16-2023 01:49 PM

    Hi, Jeff.

    We use a non-binding pledge subtype (labeled "Intention" in our system) just as you describe. The intentions do not feed to the GL and are handled appropriately in other external reporting instances as well. 

    When unexpected DAF payments arrive, I review the original documentation and update the coding if needed (some of our older pledges were not always given a pledge subtype) and alert Finance of the change.  If the pledge subtype is accurately an agreement or binding pledge, we follow the voluntary pledge reduction process and note accordingly. 

    Wouldn't it be lovely if the IRS formalized the 2017 notice before we all retire?  Ha!



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    Courtney Sims
    Bucknell University
    courtney.sims@bucknell.edu
    ------------------------------