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Donor Advised Funds, QCDs, and Sponsorships

  • 1.  Donor Advised Funds, QCDs, and Sponsorships

    Posted 07-12-2024 10:42 AM


    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



    ------------------------------
    Maureen Aylward
    University of Mary Washington
    maylward@umw.edu
    ------------------------------


  • 2.  RE: Donor Advised Funds, QCDs, and Sponsorships

    Posted 07-12-2024 10:48 AM
    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, 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: Donor Advised Funds, QCDs, and Sponsorships

    Posted 07-12-2024 11:26 AM
    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"





  • 4.  RE: Donor Advised Funds, QCDs, and Sponsorships

    Posted 07-15-2024 09:43 AM

    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



    ------------------------------
    Maureen Aylward
    University of Mary Washington
    maylward@umw.edu
    ------------------------------



  • 5.  RE: Donor Advised Funds, QCDs, and Sponsorships

    Posted 07-15-2024 09:57 AM
    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, 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: Donor Advised Funds, QCDs, and Sponsorships

    Posted 07-15-2024 10:09 AM

    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. 



    ------------------------------
    Maureen Aylward
    University of Mary Washington
    maylward@umw.edu
    ------------------------------



  • 7.  RE: Donor Advised Funds, QCDs, and Sponsorships

    Posted 07-15-2024 10:44 AM
    They can pay for the food/meals/etc., but that payment is not an additional gift - assuming they were not quid pro quoed for the benefits at the outset.

    However, if they were quid pro quoed and subsequently offered to cover their costs, that would be akin to a donor paying credit card fees associated with an online donation and is considered a deductible gift.

    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







  • 8.  RE: Donor Advised Funds, QCDs, and Sponsorships

    Posted 07-15-2024 10:45 AM
    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





  • 9.  RE: Donor Advised Funds, QCDs, and Sponsorships

    Posted 07-15-2024 11:16 AM
    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





  • 10.  RE: Donor Advised Funds, QCDs, and Sponsorships

    Posted 07-15-2024 09:28 AM

    Thank you John.

    We appreciate this very clear statement!

    Maureen 



    ------------------------------
    Maureen Aylward
    University of Mary Washington
    maylward@umw.edu
    ------------------------------



  • 11.  RE: Donor Advised Funds, QCDs, and Sponsorships

    Posted 02-27-2025 10:27 AM

    Hello,

    We recently received a sponsorship payment via DAF. We were not aware this would be their payment method until the check arrived. In speaking with the donor regarding the benefits available at this sponsorship level, they declined some of the benefits (tickets to the event, promo item at the event) but accepted other insubstantial benefits (logo/name on event website and materials). Is this ok with a DAF payment, to accept the insubstantial benefits but decline the substantial benefits? The donor stated they made the gift for charity and expect no goods and services in return. 

    Per John's message above, it is stated they can serve as sponsors but they must waive ALL benefits. So curious how to handle our scenario with some accepted and some waived. Also, would it be best practice to reach out to the DAF to be sure they're ok with the payment being used in this way and using the org's name/logo (not the DAF) on the event website and materials, since legally it's the DAF's money? Any advice would be appreciated!

    Thank you,

    Erica



    ------------------------------
    Erica Christian
    Iowa Donor Network
    echristian@iadn.org
    ------------------------------



  • 12.  RE: Donor Advised Funds, QCDs, and Sponsorships

    Posted 02-27-2025 10:36 AM
    My reference to all benefits was directed to all substantial benefits. We have previously discussed that DAFs can receive the "token" benefits the IRS discusses.

    However, I have not read any legal decisions regarding name recognition, logo placement, and similar benefits. The IRS does not describe these as "token" or "insubstantial" in its quid pro quo material. Instead, it addresses them when determining whether a sponsor is receiving "advertising."

    Given these circumstances, I think you must contact the involved DAFs and explain precisely what benefits have been accepted. It is their money-they must agree (or not) to those terms.

    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