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  • 1.  Corp PAC contribution

    Posted 03-11-2025 02:20 PM

    Hi all - we have been receiving gifts that have this language 'enclosed is a check for $XXX from the XXX Corporation via our third-party vendor XXX. This contribution is sent to your organization at the request of XXX(indiv donor name) as part of the XXX Corporation Employees Political Action Committee charitable matching program. 

    The letterhead was from XXX Corporations government affairs office and the check had a memo that said Matching Funds for PAC match program.

    We an independent foundation and advancement division for a public university. I am wondering if others are receiving PAC funds. Seemed curious to me since we are a university and not a typical recipient of PAC or government affairs funds. 

    A few others have come in and have been entered as an OBO entry for recognition only on the individual's record. Have other come across similar PAC contributions? And how did you handle?

    Thanks



    ------------------------------
    Christie Sava
    Colorado School of Mines Foundation
    csava@mines.edu
    ------------------------------


  • 2.  RE: Corp PAC contribution

    Posted 03-11-2025 02:44 PM
    Amy Phillips provided a nice summary of why PAC "gifts" are not gifts several years ago. Here's her summary:

    Re: [FUNDSVCS] Is a PAC gift really a gift?

    Legal/IRS

    Phillips, Amy  APHILLIPS2@childrensnational.org

    Apr 4, 2018, 9:36 AM
    to FUNDSVCS

    John is correct and – according to the IRS – PAC disbursements are not tax-deductible gifts. They are actually an exchange transaction if you really think about it. An employee might voluntarily contribution to their employer's Political Action Committee fund and in exchange can request that a distribution in the same amount be made to the charity of their choice.  That disbursement would not happen, however, without having been triggered by the non-tax-deductible deposit into their PAC fund. Not at all a voluntary payment from the PAC.  PAC "matching" funds, as it stands right now, technically shouldn't be recorded or reported as "charitable" revenue though I wouldn't be surprised in the least if organizations continue to process them in this manner. 

     

    In the past, before many of us became more aware of the IRS constraints, it was common practice to simply deposit those funds as "matching gifts" and perhaps give soft credit to the employee who was the initiating source of the funds.  If I recall correctly, Mr. Taylor indicated he might consider incorporating discussions of how we might count crediting of these constituents in the next CASE standards?  Yes? No? I think it would be worth having that discussion as well as counting donors who initiate gifts through DAFs and Private Foundations, too.

     

    Anyway, the specific IRS publication which reviews questions around PAC distributions is https://www.irs.gov/pub/irs-tege/gcm39877.pdf if that helps. I still believe that funds can be charitable in nature without necessarily being 'tax-deductible' though that is a far larger and more philosophical discussion...  :-D

     

    With best regards,

     

    Amy

     

    Amy J. Phillips
    Data Integrity/Quality Assurance
    Children's Hospital Foundation
    Children's National Health System
    801 Roeder Road, Suite 650
    Silver Spring, MD  20910
    Direct: 301-565-8443


    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: Corp PAC contribution

    Posted 03-11-2025 03:04 PM
    Thanks, JT:  

    I'm still very much of the mindset that organizations can recognize support that is philanthropically intentioned even when not technically tax-deductible. The database management solution options we have at our fingertips now typically have much more flexibility in how we can add a soft/recognition credit transaction along a constituent record than past solutions offered. I humbly suggest that organizations with a good relationship between their Comptroller's office and the fundraising shop should be able to deposit the revenue in finance with allowances to recognize a credit transaction in the Advancement/Development division and let it be part of a well-articulated reconciliation process. 

    If your tool provider hasn't already enabled such an option, then I respectfully suggest they should reconsider and reconfigure as there are other scenarios where this could be really impactful (contributed services, etc.). 

    With best regards to all - 

    Founding, Charter and Active member of AASP!





  • 4.  RE: Corp PAC contribution

    Posted 03-11-2025 03:21 PM
    Here is what is in our Gift Acceptance Policy: 

    Political Action Committee (PAC) Matching Gifts

    Employees at companies with Political Action Committee (PAC) matching gift programs contribute to the company's PAC and then choose a charity to receive a contribution of equal value from the company. In recognition of the employee's contribution to its PAC, the company (not the PAC) sends a contribution to the charity identified by the employee. NC State is able to record the matching PAC transaction as a non-charitable contribution since the contribution is not tax deductible (and not countable in fundraising totals per CASE guidelines).

    NC State and University Associated Entities accept these funds as non-charitable contributions/other income recorded as revenue via FAI. The funds will not be processed as charitable contributions, are not recorded in the advancement database, and no additional acknowledgment will be sent from Advancement Services.

    Highlights for PAC contributions:
    • These are not charitable transactions.
    • The contribution is directed to NC State or University Associated Entity based on the individual contributor to the PAC matching program.
    • Matching PAC funds are contributions coming from the associated corporate entity and not directly from PAC funds.

    Other Politically-related gifts

    Funds received directly from a PAC or other political organization/campaign are reviewed by the Gift Acceptance Committee for acceptance.




    --

    Jeff Baynham
    Associate Vice Chancellor
    Advancement Services
    P: 919.513.2923
    C: 270.792.3373
    Executive Assistant, Pat Schon 

    NC State University
    Campus Box 7474
    249 Joyner Visitor Center
    Raleigh, NC 27695-7474








  • 5.  RE: Corp PAC contribution

    Posted 03-11-2025 03:46 PM

    Thank you all. This has been hugely helpful. I particularly appreciate the NC State Gift Acceptance guidance and language as we are updating our GA documents. 



    ------------------------------
    Christie Sava
    Colorado School of Mines Foundation
    csava@mines.edu
    ------------------------------



  • 6.  RE: Corp PAC contribution

    Posted 03-11-2025 06:22 PM

    Hi,

    We have a meeting next week to discuss planned gift counting and document some of our processes that have been somewhat vague.  As part of this, I'm putting together best practices and want to address a point I've seen mentioned periodically on the listserv:

     

    Planned gifts are recorded at their face value on the date they are made, along with their IRS deductible value. These values remain unchanged regardless of market fluctuations.

     

    I've reviewed the new CASE Global Reporting Standards but haven't found a reference that directly supports this.

     

    To ensure we have the facts and foster a productive discussion, I'd appreciate any additional context or insights on this approach.  Does anyone have guidance or references that clarify this?

     

    I'd also like to know if anyone includes beneficiary-designated term life insurance policies in their campaign totals under the third category-The Total of Revocable Planned Gifts.  What is your rationale for including or excluding them?

     

    Thanks in advance for your help!

     

    Colleen

     

    Colleen Hobson

    Associate VP Advancement Services

    Tel : 435-797-1285 Cell: 435-770-4155

     

    890 E 700 N | USU Alumni Center, Room 201A

    Utah State University

    1590 Old Main Hill

    Logan UT 84322-1590

    http://www.usu.edu/advancement

     






  • 7.  RE: Corp PAC contribution

    Posted 03-11-2025 06:52 PM
    A gift is only a gift once - when it is irrevocably made. Any changes in value after that date are YOUR gains (or losses). The donor had nothing to do with those changes!

    You will find a reference to this in the CASE Standards. I believe it is part of the donation of securities discussion. I am away from my office so I cannot refer a page number.

    CASE has never included term life policies in campaign totals. They do not have any cash value. And since the value is $0 at the end of the term there isn't much of an argument for counting them!


    John

    John H. Taylor
    919.816.5903 (Cell/Text)

    Big Ideas - Small Keyboard





  • 8.  RE: Corp PAC contribution

    Posted 03-11-2025 07:36 PM
    Now home. See page 31 regarding securities (although the principle applies to all gifts): "Neither losses nor gains realized by the institution's sale of the securities after their receipt . . . should affect the value report."

    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







  • 9.  RE: Corp PAC contribution

    Posted 03-12-2025 08:39 AM

    John

    Thanks for your response.  You mentioned that a gift is only considered a gift once it is irrevocably made, which completely makes sense.  However, how does this concept apply to revocable planned gifts, such as those made through a will, trust, or as a beneficiary designation on a retirement plan?

     

    Colleen

     

    Colleen Hobson

    Associate VP Advancement Services

    Tel : 435-797-1285 Cell: 435-770-4155

     

    890 E 700 N | USU Alumni Center, Room 201A

    Utah State University

    1590 Old Main Hill

    Logan UT 84322-1590

    http://www.usu.edu/advancement

     






  • 10.  RE: Corp PAC contribution

    Posted 03-12-2025 08:55 AM
    Yes. No changes based on market fluctuations alter the original gift intention document. However, if a donor intentionally increases the amount of their bequest by changing the specific dollar amount or percentage, for example, that addition can be recognized as a new or additional amount.

    CASE has, however, long held that if a revocable instrument is established and realized during the same reporting period (campaign), you can count the overage received. On the other hand, if you receive less than the anticipated amount, you are to reduce that expectancy.

    It is also essential to remember that the purpose of a campaign is to solicit/acquire new gifts - not uncover old bequests and the like from twenty years ago. Furthermore, these are, as you point out, revocable. CASE does not want us counting/treating these the same as irrevocable gift instruments.

    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