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  • 1.  Endowments

    Posted 02-12-2025 01:05 PM

    Hi all,

     

    Due to recent events, we may have some programs that will go away. We have donors who created endowments for such programs that we would need to reach out and see if they would like to redirect. In the event they do not want to redirect then refunds may need to happen.

     

    What is best practice for cases like this? What do you do with the investment returns?

     

    Thank you!

    Tammy

     

    Tammy M. Cline

    Assistant Director, Gift Policy, Processing & Reporting

    West Point Association of Graduates

    698 Mills Road West Point, NY 10996

    Phone: 845.446.1540

    Fax: 845.377.3039

    WestPointAOG.org

     

    Serving West Point and the Long Gray Line

     

    CONFIDENTIALITY NOTICE: The information contained in this email message and any attachments is confidential and the property of West Point Association of Graduates (WPAOG). This message is intended for viewing and use by the original recipients only. Any dissemination, distribution, or copying of this communication and/or its attachments is prohibited without the sender's written permission. WPAOG does not accept liability for changes to this message after it was sent or privacy violations caused by forwarding to additional parties. If you have received this communication in error, please notify the sender and delete this email from your computer. For additional information please refer to the privacy statement available at WestPointAOG.org.

     



  • 2.  RE: Endowments

    Posted 02-12-2025 01:11 PM
    No refunds, Tammy. These gifts had to be irrevocable in order for them to be tax-deductible.

    Ideally, your endowment agreements have a "savings clause" that allows you, in consultation with the donor, to retain the funds and find another reasonable use. If such a clause is not in your agreements, now is the time to add that.

    You will need to find a related purpose for these endowed funds at the institution -if not at West Point, then at another qualified organization. If not, and your donor demands a return of funds, you can only return the original gift amount and issue a 1099 for the income you are providing to the donor.

    Please find another good use for those funds!

    By the way, you will bind a paper on returning gifts in the aasp Knowledge Base.

    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: Endowments

    Posted 02-12-2025 01:19 PM

    Refunds are the absolute last resort if a donor is adamant about it and yes, we would issue a 1099. We are trying to find alternate programs that are close to the original intent of the donor but for a few of them we aren't sure we have one. I didn't realize the money could go to another qualified organization.

     

    In the event donor demands a refund, we will issue it along with a 1099, but for the interest that was made on the endowment principal are we able to designate that money where we see fit? The donor wouldn't have any say, correct?

     

    Tammy M. Cline

    Assistant Director, Gift Policy, Processing & Reporting

    West Point Association of Graduates

    698 Mills Road West Point, NY 10996

    Phone: 845.446.1540

    Fax: 845.377.3039

    WestPointAOG.org

     

    Serving West Point and the Long Gray Line

     

    CONFIDENTIALITY NOTICE: The information contained in this email message and any attachments is confidential and the property of West Point Association of Graduates (WPAOG). This message is intended for viewing and use by the original recipients only. Any dissemination, distribution, or copying of this communication and/or its attachments is prohibited without the sender's written permission. WPAOG does not accept liability for changes to this message after it was sent or privacy violations caused by forwarding to additional parties. If you have received this communication in error, please notify the sender and delete this email from your computer. For additional information please refer to the privacy statement available at WestPointAOG.org.

     






  • 4.  RE: Endowments

    Posted 02-12-2025 01:38 PM
    The donor shouldn't have a say. It is your money (gain), just as if the endowment had gone underwater, it would have been your loss.

    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







  • 5.  RE: Endowments

    Posted 02-12-2025 01:49 PM

    That's what I thought, thank you!!!!

     

    Tammy M. Cline

    Assistant Director, Gift Policy, Processing & Reporting

    West Point Association of Graduates

    698 Mills Road West Point, NY 10996

    Phone: 845.446.1540

    Fax: 845.377.3039

    WestPointAOG.org

     

    Serving West Point and the Long Gray Line

     

    CONFIDENTIALITY NOTICE: The information contained in this email message and any attachments is confidential and the property of West Point Association of Graduates (WPAOG). This message is intended for viewing and use by the original recipients only. Any dissemination, distribution, or copying of this communication and/or its attachments is prohibited without the sender's written permission. WPAOG does not accept liability for changes to this message after it was sent or privacy violations caused by forwarding to additional parties. If you have received this communication in error, please notify the sender and delete this email from your computer. For additional information please refer to the privacy statement available at WestPointAOG.org.

     






  • 6.  RE: Endowments

    Posted 02-12-2025 02:16 PM
      |   view attached

    Hello.  I asked a question similar to Tammy's last October.  The agreement we have a file didn't specify what would happen with residuals should the principal gift be returned.

     

    If I am reading this correctly today, my original thought of the interest belonging to the university is correct.  Is this right?

     

    We want to award this as scholarships to spend it down; the problem is that part of the criteria is specific to the closed campus.

     

    The university returned the principal amount several years ago.

     

    Best regards,

     

    Tracy

     






  • 7.  RE: Endowments

    Posted 02-12-2025 02:50 PM
    Tracy, every penny, including the original donation, belongs to the university. A gift is only a gift when it is irrevocably given (IRS Publication 526).

    Once the gift is accepted, the university bears responsibility (and ownership) for all gains and losses. Those become your liability-or your positive return on an investment.

    A donor has no legal right to income or earnings and is not responsible for making up a loss during bleak times.

    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: Endowments

    Posted 02-12-2025 03:03 PM

    Yes, this was my understanding. My issue now is what to do with the earnings we have.  The original agreement is older and didn't mention what the university can do if the fund cannot be awarded according to the original intention.

     

    I have suggested awarding the balance as scholarships to students whose home state is the same as the campus that was closed. Our general counsel hasn't been clear on this.

     

    Best regards,

     

    Tracy

     






  • 9.  RE: Endowments

    Posted 02-12-2025 03:15 PM
    Often, with undesignated gifts, institutions have a quasi-endowment in which those are placed. Typically, "excess revenue" at a nonprofit also goes to that fund with a vote from the board.

    Do you all have a quasi-endowment of this nature? It's a great place to put money. Doing so eliminates frustrating discussions among staff about "voting" on where to deposit funds. It ultimately leaves the decision on how best to use the accumulated funds to the board.

    Just a thought. Absent something like that, I'd be more inclined to transfer the funds to a general scholarship fund that might benefit all students.

    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







  • 10.  RE: Endowments

    Posted 02-12-2025 03:18 PM

    We do have a quasi-endowment.  Both suggestions make sense.  Thanks, John!

     

    Best regards,

     

    Tracy