FundSvcs Community

 View Only
  • 1.  Donor Control for Employees

    Posted 26 days ago

    Hi,

    According to CASE Reporting Standards 3.1.2 – Donor Control, a donor may not retain any explicit or implicit control over the use of a gift once it has been accepted by the institution.

     

    At our university, we've followed these general guidelines for employee giving within their own units:

    1. Charitable Intent: The donor's primary motivation must be charitable in nature.
    2. Fund Crediting: It can't go to a fund solely controlled by, or benefiting, the donor.
    3. Non-Earmarked Usage: Gifts shouldn't be designated for a specific individual but should support broader departmental goals.
    4. No Future Remuneration: The donor can't receive or expect any future compensation or benefit from the fund.

     

    Based on this, we've not allowed charitable gifts to funds where the donor is the Principal Investigator or where the funds are earmarked for a specific person.

     

    Our auditors now say that employees who give, through payroll deduction or other methods, to funds where they're listed as the "fund manager" (under the same unit code in Banner) should also not receive charitable tax receipts.

     

    Every purchase from these funds goes through at least two approvals, typically the  business manager and/or financial officer, the fund manager and depending on the amount, possibly the department head, vice president, and purchasing office.

     

    I'm interested in learning how other institutions handle this.  Do you have similar restrictions for fund managers who give to their own units?  If so, how are you addressing those situations?

     

    Thanks in advance for any insights you can share!

     

    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

     



  • 2.  RE: Donor Control for Employees

    Posted 26 days ago
    The reality is that while these employees might be fund managers, they are not "in control." The funds must be spent in accordance with University Policy and only towards University-authorized expenditures.

    Your auditors are being a bit conservative.

    Actually, it is the IRS, more so than CASE, that dictates this matter. And its issue is to ensure funds do not benefit a person, or are not used in a manner that goes against the organization's purpose or mission.

    Regardless, the following language is what I use in gift acceptance policies when needed, and it has worked well for all my clients. Note the emphasis on "sole" control. Dual control is fine!

    1.      Gifts from University Faculty and Staff

     

    1.1  Gifts from faculty and staff of XYZ University must meet the following three criteria to be deductible for tax purposes:

     

    1.2  Charitable intent should be the primary reason for contributing.

     

    1.3  The contribution must be credited to a fund not under the sole control of or that does not personally financially benefit the donating faculty or staff member.

     

    1.4  The faculty or staff donor should not receive or expect to receive future remuneration from the fund to which their gift was credited.  Examples of deductible gifts would include signing an honorarium check over to the department and that faculty member not having control over the receiving fund (this is taxable income to the faculty member as well), making a stock donation to fund a life income gift to ultimately benefit a University-wide scholarship endowment, or donating equipment or materials for use by the department.


    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 Control for Employees

    Posted 25 days ago

    Hello.  I completed a draft on Restricted Funds and their use (from a Finance perspective). Once it is final, I'm happy to share this with you. The guide may further demonstrate John's point of "sole control" for your auditors.

     

    This is a statement about the fund managers.

     

    "Executive sponsors, fund stewards, and project leads ("fund sponsors") ensure that all costs are meaningful, reasonable, and allowable under the terms of the donation or contribution. Transparency, accountability, communication, and record-keeping are vital when spending these funds."

     

     

    Best regards,

     

    Tracy

     






  • 4.  RE: Donor Control for Employees

    Posted 25 days ago

    Thanks, Tracy and John, for the helpful feedback.  I had a similar sense from the start that the auditors' interpretation might be a bit too literal.

     

    Tracy, I'd really appreciate it if you could share a copy of your draft on restricted funds and their use-thank you!

     

    Best,

     

    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

     






  • 5.  RE: Donor Control for Employees

    Posted 25 days ago
    We take a similar interpretation/approach to what John expressed. 

    Here is our language regarding F/S giving: 


    Jeff

    --

    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