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  • 1.  Refunding gift - DAF

    Posted 03-28-2023 09:12 AM

    Good morning,

     

    Are there different rules around 'refunding' a gift made via a donor advised fund? We received a gift from Schwab that the donor requested to be directed to a fund for a project being run by a staff member who is no longer at the university (all on good terms). The donor would like to have the money sent back to Schwab so that the money can be sent to the staff members new employment to support the project. Do we need anything other than the request from the person? Do we need to go back to Schwab?

     

    Also, is there a cheat sheet or somewhere to learn about rules for DAF's from our side of things? I know we need a letter from the DAF holder (Fidelity, Schwab, etc.) to move a gift, but what other rules surround these types of accounts?

     

    Thank you!

    Amanda              

     

    Amanda L. Haney

    Director of Gift & Data Management

    Gift & Data Management

     

     

    University Advancement I Elliott Alumni Center I 9 Edgewood Rd I Durham, NH 03824

    Office: 603-862-2041 I amanda.haney@unh.edu

     

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  • 2.  RE: Refunding gift - DAF

    Posted 03-28-2023 09:20 AM
    DAFs set their own rules. Therefore, your best action, in this case, is to contact Schwab. You may find that they will permit you to issue a check directly to the new organization of the staff member - as long as you certify that they meet the tax-exempt requirements they stipulate.

    So, yes, you need to go back to Schwab. It's their money - not the original donor.

    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






  • 3.  RE: Refunding gift - DAF

    Posted 03-28-2023 09:25 AM

    Thanks so much John!

     






  • 4.  RE: Refunding gift - DAF

    Posted 03-28-2023 11:41 AM
    Hi Amanda,

    By the letter of the law, the gift was an unrestricted gift from Schwab's DAF to UNH, with a non-binding note from the donor-advisor. While the law isn't fully settled on refunding gifts, the general rule is that gifts are non-refundable unless they were made by mistake, or the charity violates the terms of the agreement. This could be considered a mistake, but the request to refund the donation would have to come from Schwab. The donor advisor doesn't own the money, their request isn't legally meaningful. 

    Note also that there may be specific state laws that are relevant. In CA, for example, the AG needs to sign off on refunds. You should also check your org's policies regarding refunding donations.


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

    Schedule a 30-minute consultation now: