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  • 1.  DAF Refund

    Posted 09-03-2024 09:27 AM

    I had a DAF administrator contact me recently.  They were doing an audit of a donor advised grant they had issued.  The grant was a scholarship that was awarded by a high school committee not affiliated with the University.  The grant bypassed my office and was deposited directly to the student's account who was granted the scholarship.  Since this type of payment from a DAF is not allowed under IRS regulations (the recipient being a person and not a 501c3), the administrator is asking us if we can issue them a refund and then they (the DAF administrator, a bank) would issue us an unrestricted gift in the same amount.  Has anyone come across this scenario?  How was it handled.  The grant in question was split between semesters, half was distributed in the fall of 2023 and the other half in the spring of 2024. I've brought this to the attention of my Business Office.  They weren't exactly sure how to handle it.  

    Thanks for any advice!

    Michael



    ------------------------------
    Michael Manning
    University of New England
    Mmanning6@une.edu
    ------------------------------


  • 2.  RE: DAF Refund

    Posted 09-03-2024 10:17 AM
    Good morning, Michael - 

    This scenario sounds pretty "iffy" to me. If the disbursement was deliberately made with the intention to pay the tuition for a specific student then, as you noted, this is not permissible use for a DAF grant. The revenue should indeed be refunded to the DAF. 

    Where I find concern is the offer to make a new grant through the standard Advancement/Development channels. It sounds to me rather like whitewashing the revenue which doesn't address their responsibility to advise their client on why this isn't legal use for DAF funds. I don't think it is reasonable to put such an ethically questionable proposal to your institution and leave it to your judgment about making this work (or not).

    IMHO and wishing you luck on resolving this!  

    -Amy





  • 3.  RE: DAF Refund

    Posted 09-03-2024 12:27 PM
    Hi Michael,

    Who is the "them" in this situation? The student? Or the DAF? Because refunding the DAF doesn't work. They still made a taxable distribution, and getting money back from you doesn't change anything insofar as that first problematic transaction. 

    To my mind, (and I'm not anyone's lawyer) the way to go about this is to make a contribution to scholarship fund that should have received the original contribution, and then the student should request a refund of the tuition from the school, and ask to direct the refund to the DAF. The scholarship fund can then credit the student's tuition account. But regardless, I would expect either counsel and/or the IRS to be involved in settling this issue, and you should take advice of counsel before following any proposed procedure.

    Lastly -- the whole setup sounds like the anatomy of a scam. Maybe it's just an unfortunate resemblance, but a lot of scams are built on a pattern where you're somehow helping the scammer get their money back, when in fact they're just going to take yours. Be careful!



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

    Schedule a 30-minute consultation now:






  • 4.  RE: DAF Refund

    Posted 09-04-2024 06:37 AM
    I believe that if you return the funds in the same tax year as the erroneous payment was made - after documenting a thoughtful conversation with the DAF, the DAF is able to "undo" the 1099 - or issue a 1099-C if one had been issued (if they were even told the payment was not made for charitable purposes), and then credit the original DAF fund.

    I have in the past done this successfully.

    The above process ensures the DAF is aware of the error and be positioned to audit the account to avoid future "errors." This process is also less "messy" and forces the student to remedy their tuition deficit.

    John

    John H. Taylor
    919.816.5903 (Cell/Text)

    Big Ideas; Small Keyboard





  • 5.  RE: DAF Refund

    Posted 09-04-2024 08:17 AM

    Thank you for the responses everyone.  Isaac, the "them" is the DAF administrator.  In this case it was Schwab Charitable. 

    Michael



    ------------------------------
    Michael Manning
    University of New England
    Mmanning6@une.edu
    ------------------------------



  • 6.  RE: DAF Refund

    Posted 09-04-2024 09:11 AM
    Glad to hear it's not a scam, at least!


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

    Schedule a 30-minute consultation now: