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  • 1.  Token stickers, mailing costs, and size of gift

    Posted yesterday

    Hello friends,

    Token benefits have reared their delightful heads again and while I thought I had finally gotten to a place where I understood them, I have new questions. Or the same old questions, just in new clothing.

    1. Should the cost of mailing token benefits be included in the benefit? We are looking to mail branded stickers (cost to us, less than $1) but when the mailing price is factored in, I'm being told the benefit is $9 (I'm following up on why the shipping cost is so high). I don't think I've ever factored in delivery costs before.
    2. My understanding is that the value of token benefits a donor can receive in 2026 must not exceed $13.90, for a gift totaling at least $69.50. What I'm telling my direct response folks is that in order to receive this $9 benefit without it impacting a donor's fully tax deductible gift, they have to give a gift of at least $69.50. If they give less than that, their receipt needs to reflect that their deductible portion is $9 less than the gift amount.
      But even if I only factor in the stickers, am I really saying that for gifts less than $69.50, I'm benefiting out $1 on their receipt?
    3. And then there's the recurring gift component. I said that I'm not comfortable providing a sticker for the first payment of a recurring gift that's less than $69.50, without benefiting it out on the receipt. If the donor were to give $69.50+ as part of their recurring giving, is a new receipt needed for that initial gift? Of course, our other option is to do an annual receipt and make a determination then about whether we need to benefit out the sticker.
    4. And if that's all correct, what's the point of having the logo vs not logo? Isn't it the logo that makes this fall into the token benefit category? I'm questioning so many life choices right now...

    Thanks to this special hive for your help and understanding. I feel the solidarity just in writing this.

    Elizabeth



    ------------------------------
    Elizabeth Tavares
    Director, Donor Revenue Management & Records
    UNICEF USA
    ------------------------------


  • 2.  RE: Token stickers, mailing costs, and size of gift

    Posted yesterday
    1. No. You do not need to factor in the cost of mailing. Just like you don't need to factor in the costs associated with processing the gift when it is received and processed. It's the "fair market value" of the benefit - what a willing buyer would pay a willing seller.
    2. You are correct regarding the fact that in order to receive the token benefit, a minimum gift of $69.50 is required. Anything less is subject to standard quid pro quo receipting requirements.
    3. When the IRS created its QPQ rules back in the 70s, they did so assuming a 1:1 exchange (one gift and one benefit). So, I asked the IRS a long time ago about the issue of recurring donations resulting in a benefit. Verbally, they offered the following guidance (something I mention in most of my IRS speeches:
    Always inform donors in advance
    • Best to issue an annual receipt for just these contributions (recurring donations)
    • Subtract the benefit from the first payment – assuming the payment amount exceeds the benefit value
    • Divide the benefit value by the number of expected payments and apply equally
      • But then you can have the issue of a donor reneging on their pledge
    And you are correct regarding token benefits and logos - but only to the extent regarding the nature of the token benefit. To qualify under the token rules, the actual benefit must contain either the UNICEF logo OR the name of the organization.

    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






  • 3.  RE: Token stickers, mailing costs, and size of gift

    Posted yesterday

    Thanks, John. I am spinning less now and will stand my ground.

    Elizabeth



    ------------------------------
    Elizabeth Tavares
    Director, Donor Revenue Management & Records
    UNICEF USA
    ------------------------------



  • 4.  RE: Token stickers, mailing costs, and size of gift

    Posted yesterday
    Elizabeth, a few more thoughts.

    1. If the sticker is $1, you can disregard it for gifts of $50+ (2% of the gift). 
    2. For payments under $75, you don't need to provide a QPQ disclosure at all. That doesn't mean the benefit provided is disregarded - the donor is not entitled to deduct the value of the sticker - but it's not your obligation to provide the QPQ disclosure information. In the case of a $1 sticker, the whole thing is immaterial from a tax perspective anyway.
    3. This is the part that I think trips a lot of people up. There is a difference between the org's receipting obligations, the donor's substantiation requirements, and the deductibility. For QPQ under $75, you do not have a receipting obligation, and the donor does not need a contemporaneous written acknowledgement to take a deduction, but is still limited to deducting only the charitable component of the payment.
    4. QPQ receipts need to state that the donor can only deduct the excess of the donation over the FMV, and then provide a good faith estimate of the FMV. In the case of a recurring donation, you can add a statement that says 'When your giving for the year exceeds $XX, you may disregard the value of our gift to you for tax purposes.' That line can go on the receipt for each recurrence. 
    5. Another approach is to provide information on solicitation.The QPQ disclosure requirement, when it exists, can be met through notification at the time of solicitation, rather than on the receipt itself. You can indicate the FMV of your premiums in your solicitation, instead of on your receipt. 
    I prefer approach #4, but I've seen #5 used by orgs that do a lot of premiums. 




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

    Schedule a 30-minute consultation now:







  • 5.  RE: Token stickers, mailing costs, and size of gift

    Posted yesterday
    Well, as for #5, there's a bit of a nuance. You are required to reflect the QPQ on a receipt, no matter what, if the payment is $75 or more (per Isaac's #3). And while no receipt is required if the payment is under $75, if you choose to issue a receipt (for tax purposes) anyway (as many do for positive donor relations), per Publication 1771, that receipt must reflect the QPQ.

    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







  • 6.  RE: Token stickers, mailing costs, and size of gift

    Posted yesterday
    John, my read of 1771 may be a bit different from yours here. For payments of $75+ there is a Written Disclosure Requirement that can be met at solicitation or in connection with receiving the gift. That is entirely separate from the Contemporaneous Written Acknowledgement (the Ack) that the donor needs to substantiate a deduction of $250+. 

    For the donor to be able to deduct a gift over $250, the Ack needs to state the FMV, as you say. However, for gifts under $250, nothing bars a charity from providing an Ack that doesn't conform to the rules of an Ack for over $250. There is no rule saying if you send a receipt it has to contain x,y, orz. The donor will not need a conforming receipt to substantiate the deduction either, for under $250. I agree that it's a weird donut-hole, but there it is - you can fufill the Written Disclosure Req with notice at solicitation, and you don't have to provide FMV of the QPQ in the receipt, for gifts under $250.




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

    Schedule a 30-minute consultation now:







  • 7.  RE: Token stickers, mailing costs, and size of gift

    Posted yesterday
    Elizabeth, one last bit. You can send the sticker if you don't name it as a premium, under the general exception that low-cost articles you send for free to people who haven't ordered them are considered insubstantial. 1171 lists mailing labels and greeting cards as examples of this sort of thing. Your $1 sticker feels like it qualifies.

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

    Schedule a 30-minute consultation now:







  • 8.  RE: Token stickers, mailing costs, and size of gift

    Posted yesterday
    For the first time, we are considering a change to who does/does not receive our alumni magazine.  Moving forward, we envision mailing to:
    1.  Current parents
    2. Alumni and friends we want to work to engage/continue to engage-including current donors.  

    We believe the magazine cost to print and mail is roughly $3.00 per issue. That print portion of that number will fluctuate based on total count printed.  Of course this does not include content development.  The magazine will, of course, be online for free. 

    Here is my two part question: 
    PART ONE: Given that the audience is not exclusively donors, and that the entire alumni population will have access to the same content (more actually) on line, is there a quid here?  I am not convinced that there is...

    PART TWO: Without crossing a line, how do we let people know that the most likely/most effective means to ensure a place on the mailing list is by  making a gift (amount to be determined).

    Following this discussion closely, as the flowchart that I see in my mind currently looks like spaghetti! And while I know we can no longer afford to send the magazine to everyone, I anticipate a lot of frustrated $100 donors if we have to deduct the FMV from each of their gifts.  

    Tracy Rush

    Executive Director, Philanthropy Services

    Otterbein University | Division of Philanthropy and Alumni Engagement

    1 South Grove

    Westerville, OH 43081

    Office: 614,823.1290 | Cell:614.738.2870

     

    Your support of Otterbein today can make a difference in the lives of our students!

     








  • 9.  RE: Token stickers, mailing costs, and size of gift

    Posted yesterday
    Decades ago, Counsel at Duke ruled that our Alumni Magazine (paper version) was not a quid pro quo. Granted, any graduate who made a gift was automatically added to the mailing list. However, as long as we included "prominent" language indicating that no gift was required - following the way NPR runs its contests - we demonstrated that there wasn't a QPQ.

    You will need to ask Counsel what they think, especially regarding the prominent reference to being added to the mailing list. I recall an older IRS ruling (which I am not going to look up) that specifically ruled out any "fine print."

    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