Apologies, JT! I was getting confused and then ended up just having a quick offline chat with Mareen to get my head around what the scenario in play was here....
Best to all for a great afternoon! -Amy
Original Message:
Sent: 7/15/2024 11:45:00 AM
From: Amy Phillips
Subject: RE: Donor Advised Funds, QCDs, and Sponsorships
Maureen - Yes, if they would like to make a cash contribution to underwrite the costs of an event that is perfectly fine. In fact, that is the cleanest and easiest way to handle that kind of support. As John noted, it is when our delightful donors want to pay vendors directly that things get more tangled...
Best regards - Amy
Original Message:
Sent: 7/15/2024 11:09:00 AM
From: Maureen Aylward
Subject: RE: Donor Advised Funds, QCDs, and Sponsorships
John,
Not a broken record at all!
I should have included more details.
In these situations, the individual makes a gift to UMW in the amount of the cost of their dinner. They do not pay dining services or any other vendor. Occasionally this happens for an event not associated with a sponsorship, but more frequently the individual/business sponsor wants to cover their dinner costs rather than accept them as a benefit of the sponsorship.
My question is: can a sponsoring individual/business make a cash contribution to UMW to cover the cost of a benefit (meal) associated with a sponsorship? Payment is not via DA, QCD or Foundation funds.
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Maureen Aylward
University of Mary Washington
maylward@umw.edu
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Original Message:
Sent: 07-15-2024 09:56 AM
From: John Taylor
Subject: Donor Advised Funds, QCDs, and Sponsorships
This is not a DAF/sponsorship issue but, instead, a gift-in-kind topic. You will find this has been covered many times previously. So, I may sound like a broken record :-).
Generally, we should never allow donors to pay vendors directly for anything. All monies should flow through the organization. The University of Mary Washington should pay all event expenses. Should a donor wish to underwrite the event, they can make a cash contribution to you.
However, if this fails to happen, situations like this can be handled as a gift-in-kind. The donor must present copies of all invoices to ensure the expenses were in line with your expectations. The donor must also present a copy of the credit card statement or canceled check certifying the amount paid but, more importantly, ensuring you know precisely the legal entity making the payment. Any GIK receipt must be issued to that entity. Further, the GIK receipt cannot mention any dollar value - only a description of what costs were covered.
John
John H. Taylor, PrincipalJohn H. Taylor Consulting, LLC
2604 Sevier Street
Durham, NC 27705
919.816.5903 (cell/text)
Serving the Advancement Community Since 1987
Original Message:
Sent: 7/15/2024 10:43:00 AM
From: Maureen Aylward
Subject: RE: Donor Advised Funds, QCDs, and Sponsorships
Amy,
Can we clarify a similar situation? A donor sponsors an event, waives the benefit so that the full amount of the donation is directed to the event. They then pay for the catering costs of the benefit. In their eyes they view this as providing more support.
The donation is paid by the donor (individual or business), not via a DA or an IRA or a Foundation.
My research links bifurcation to DAs specifically, but my search was not exhaustive.
Thank you,
Maureen
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Maureen Aylward
University of Mary Washington
maylward@umw.edu
Original Message:
Sent: 07-12-2024 11:25 AM
From: Amy Phillips
Subject: Donor Advised Funds, QCDs, and Sponsorships
Good afternoon, Mary -
As John has pointed out, conferring benefits in conjunction with transactions that were receipted as fully tax deductible is not IRS compliant activity. Neither are bifurcated payments permitted, so enabling sponsors to "pay" for the benefit is not something which should be offered.
I've heard many variations on themes like "other organizations do this" and even "we'll just go ahead and allow them to attend for stewardship purposes". These aren't appropriate actions to enable or support though those decisions are admittedly not always in the hands of the ones who are told to make these things work.
Happy to have an offline discussion if you would like to discuss further.
With best regards,
Amy
Amy J. Phillips
AS/DO Professional
Advancement Support Concepts
"asc me"
Original Message:
Sent: 7/12/2024 11:48:00 AM
From: John Taylor
Subject: RE: Donor Advised Funds, QCDs, and Sponsorships
Neither a QCD nor a DAF can pay for a sponsorship if the payment results in tangible benefits (beyond insubstantial). And no, they cannot bifurcate the payment for either. These are long-standing IRS rules.
However, these sources CAN serve as sponsors, provided they waive ALL benefits in advance.
John
John H. Taylor, PrincipalJohn H. Taylor Consulting, LLC
2604 Sevier Street
Durham, NC 27705
919.816.5903 (cell/text)
Serving the Advancement Community Since 1987
Original Message:
Sent: 7/12/2024 11:42:00 AM
From: Maureen Aylward
Subject: Donor Advised Funds, QCDs, and Sponsorships
We have a speaker series with a sponsorship opportunity. A sponsor has indicated that they would like to use their donor-advised fund to pay their sponsorship. The sponsor also has asked to pay the fair market value of the benefits, separately. Currently some individual sponsors will pay for the sponsorship in full and then the dinner benefit as a separate payment. The DA request is a new situation for us. Opinions differ! We've reviewed a number of posts here as well as the policies of the donor-advised funds and the IRS regulations, but would appreciate some additional perspective.
Can a Donor Advised Fund pay for a sponsorship?
If so, (a) confirming that no separate payment can be made for the Dinner as this would be a bifurcation and (b) can the sponsor accept #2 and #3?
1. Dinner with Director & Guest Speaker ($450 value/$450 value/$280 value)
· Sustaining Sponsor: $750 value for reception up to 15 guests at $50pp, $450 value for dinner where they bring up to six guests at $75pp.
· Program Sponsor: $280 value for dinner up to four guests at $70pp.
2. Acknowledgement as a "Program Sponsor" in promotions and recognition on lecture night and in marketing preceding the lecture, as possible (no value)
3. Reserved (free) seating for guests in the Auditorium on the night of the sponsored lecture. (no value)
And because QCDs also have benefit restrictions:
Can a donor pay for their sponsorship with a QCD?
If so, (a) can they pay for the dinner with separate funds and (b) accept #2 and #3?
This situation is providing an opportunity for us to update the language on our sponsorship agreements as well as our pledge agreements. And we are developing new guidelines to share with our gift officers and our campus partners.
Thank you in advance to sharing your experience and knowledge!
Maureen
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Maureen Aylward
University of Mary Washington
maylward@umw.edu
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