FundSvcs Community

Β View Only
  • 1.  Educational purpose for a gift?

    Posted 01-16-2025 11:41 AM

    Good afternoon everyone!

     

    I'm probably overthinking this one.  But it would make me feel better if someone can confirm this is really permissible under CASE and IRS guidelines.

     

    We have a donor who wants to fund a prize/cash award for a group of students annually who complete their doctoral degree in a specific program, which is very small.  The drafted gift agreement says that a committee will choose the recipients, but that it will be up to the student if they want to apply this award to their student debt.  The donor specifically wants language that the student gets to keep the award for personal use.

     

    The donor isn't picking the recipients so there's no donor control here, but I am wondering about the educational purpose of accepting this gift – it doesn't seem like it's for academic achievement.  When I asked our fundraiser about it, she said similar language had been used in the past for our emergency relief funds (COVID-era), so it seems okay, but something is tickling the back of my mind that just giving cash prizes to a group of students "because" seems like a violation of something. 😊

     

    I assume that if the prize is not applied to their student debt, they would have to be issued a 1099, correct?  Is there something else I'm not thinking about here? 

     

    Thanks!

     

     

     

    Aimee S. Fitzgerald, MLIS 
    Assistant Vice President 
    Philanthropy & Alumni Engagement Operations

    502-852-7035
    aimee.fitzgerald@louisville.edu 

    give.louisville.edu 

     

     



  • 2.  RE: Educational purpose for a gift?

    Posted 01-16-2025 11:59 AM
    The kicker is the potential for the recipient to use the funds for personal use. I also question whether the pool of possible recipients is large enough to satisfy the IRS "smell test."

    These are questions for Counsel. They should be familiar with IRS Publication 970: Tax Benefits for Education. Also, the IRS stance on the size of charitable class.

    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: Educational purpose for a gift?

    Posted 01-16-2025 01:00 PM

    Thanks, John & Isaac.  Something about this makes me uneasy!  Appreciate you both!

     

     

    Aimee S. Fitzgerald, MLIS 
    Assistant Vice President 
    Philanthropy & Alumni Engagement Operations

    502-852-7035
    aimee.fitzgerald@louisville.edu 

    give.louisville.edu 

     

     






  • 4.  RE: Educational purpose for a gift?

    Posted 01-16-2025 12:01 PM
    Hi Aimee,

    Speaking only to the tax implications: 

    A prize given without conditions should be reported on a 1099-MISC, and may well be taxable. It is also  possible to have a prize that is untaxed if spent on tuition, fees, books, etc., but that any amount not spent on those items would be taxable. 



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

    Schedule a 30-minute consultation now: