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  • 1.  Membership "Gift" Payment Methods (IRA, DAF) and Tax Deductibility of Membership Fund

    Posted 07-10-2023 10:56 AM

    At our university, athletic season ticket holders must give a "donation" to a tiered membership program in addition to their cost of season tickets. The season ticket payments have never been categorized into a gift fund or tax receipted and DAFs, IRAs, etc are not acceptable forms of payment. The ticket holder is then required to self-select a membership level to contribute towards in addition to their ticket cost (Aztec Club Annual Giving Levels) (benefits: chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://sdsuaztecclub.com/assets/pdf/2022-23-aztec-benefits-chart-v2.pdf). This fund has also traditionally not been categorized as a gift/philanthropic fund in our database. Recently we've received requests from donors to apply DAF, IRA QCDs, and family foundation payments to this "membership club donation" which, at times, our athletic department has allowed. Contributions can also be directed to this "membership club" by non-ticket holders and are quoted to be tax-deductible by our athletic team (Frequently Asked Questions). We have received an influx of requests by donors that their IRAs, DAFs, and family foundations be allowable forms of payment to satisfy their chosen club level of membership.

    Questions for the community:

    -Is any portion of the "membership club" a gift?

    -Are payments that do not allow for reciprocal benefits (DAF. QCDs....) eligible to apply to this membership program?

    -If the contribution to the "membership club" is stand-alone from a ticket purchase, is that a deductible gift? (granted the tangible benefits meet IRS guidelines for benefits) (Frequently Asked Questions)



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    Jayme Fancher
    San Diego State University
    jfancher@sdsu.edu
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  • 2.  RE: Membership "Gift" Payment Methods (IRA, DAF) and Tax Deductibility of Membership Fund

    Posted 07-10-2023 12:08 PM
    None of these payments are gifts in the eyes of the IRS. You have been correctly handling these as non-gifts. And, as such, no payment from a DAF or FF can ever go toward the satisfaction of these requirements.

    Since 2018, any payment that earns donors the right to acquire any athletic tickets is not deductible - period.

    And any "mandatory" payment has never qualified as a gift per the IRS.

    John

    John H. Taylor
    Principal
    John H. Taylor Consulting, LLC
    2604 Sevier St.
    Durham, NC   27705
    919.816.5903 (cell/text)

    Serving the Advancement Community Since 1987






  • 3.  RE: Membership "Gift" Payment Methods (IRA, DAF) and Tax Deductibility of Membership Fund

    Posted 07-10-2023 12:52 PM
    John,

    I'm just confirming that a Family Foundation can't receive any tangible benefit for their gift, correct?

    Thanks
    Liz






  • 4.  RE: Membership "Gift" Payment Methods (IRA, DAF) and Tax Deductibility of Membership Fund

    Posted 07-10-2023 12:56 PM
    Correct. Not can it pay off a personal pledge. It's called self-dealing. Not can the foundation pay a charitable portion and an individual pay the benefit portion. That is called Bifurcation and also disallowed.

    John 

    John H. Taylor 
    919.816.5903 (Cell/Text)

    Big Ideas; Small Keyboard





  • 5.  RE: Membership "Gift" Payment Methods (IRA, DAF) and Tax Deductibility of Membership Fund

    Posted 07-10-2023 01:16 PM
    All those Nots we're supposed to be Nors!

    John H. Taylor 
    919.816.5903 (Cell/Text)

    Big Ideas; Small Keyboard