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  • 1.  Membership Promotion

    Posted 11-14-2022 10:21 AM
    We are working with a department on campus that has memberships available for purchase (Museum memberships not Athletics memberships).  They are considering a membership promotion for the upcoming holiday season where someone can purchase a membership and get one valued at $50 (Individual membership) to give to someone else.  The membership levels are as follows: Individual (cost $50), Duo (cost $75), Family (cost $100), and Ambassador (cost $500).  The benefits that are offered at these levels include free-year round general tour admission, discounts on select community events, Museum Store discount, early access to purchase tickets, and reserved seating.  None of these items have fair market value associated with them so the full amount of each of these memberships are considered a charitable contribution and therefore, fully tax deductible.  Is there FMV associated with the gifted membership (valued at $50)?  Any guidance would be greatly appreciated.

    ------------------------------
    Stephanie Pollock
    Gift Accounting Manager
    Oakland University
    spollock@oakland.edu
    ------------------------------


  • 2.  RE: Membership Promotion

    Posted 11-14-2022 10:32 AM
    No.  While the membership is "gifted," it still carries benefits that appear to exceed the IRS limits regarding allowable benefits.  Your comment regarding the lack of any FMV is inconsistent with IRS definitions.  The community event discounts, early access to purchase tickets, and access to reserved seating are of particular concern.  Indeed, the IRS has unique rules for athletic seating.  However, seating and ticket access for non-athletic activities and events are covered separately by 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 Promotion

    Posted 11-14-2022 10:34 AM
    Hi Stephanie,

    The ability to gift a membership has no impact on the determination of the value of the membership benefits. If you have correctly determined that the benefits are of no market value, or qualify for the membership benefit exemptions, the membership fee is deductible, regardless of whether the donor buys it for themselves or for someone else. Note, however, that if gift memberships come with some special notification, eg mailing out a lovely holiday card, that's an additional benefit whose FMV must be considered. 


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

    Schedule a 30-minute consultation now:






  • 4.  RE: Membership Promotion

    Posted 11-14-2022 10:53 AM
    I wanted to clarify that we are talking about Museum Memberships.  The promotion that's being considered is when someone buys a membership (either Individual, Duo, Family, or Ambassador) they get an individual membership (valued at $50) for free.  Does the "gifted" membership have a fair market value of $50 that reduces the charitable portion?



    --
    Stephanie L. Pollock
    Gift Accounting Manager
    Oakland University
    O: (248) 364-6115 | C: (586) 707-1462
    Aspire. Advance. Achieve. | The Campaign for Oakland University





  • 5.  RE: Membership Promotion

    Posted 11-14-2022 11:11 AM
    Thanks for clarifying. The answer is the same, I think -- if you add a benefit that has $0 FMV to a membership whose benefits were already $0 of FMV, it still leaves you at $0 of FMV. 


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

    Schedule a 30-minute consultation now:







  • 6.  RE: Membership Promotion

    Posted 11-14-2022 04:02 PM
    Agreed.  However, in the original example, the described benefits have an FMV above $0.  See IRS Publication 526.  Only certain benefits for memberships of $75 and less can be ignored in calculating the FMV.  Several of the benefits mentioned in the original email do not fall in the ignore category and probably had sufficient value to render none of the $50 as deductible.

    What is critical to do is make a good faith estimate regarding the FMV of membership benefits.  While some "free" admissions can be discounted, discounts at community events and access to reserved seats do carry an FMV - even if the member does not exercise the right to such access.

    But yes, Stephanie, if you receive nothing in exchange for a $50 membership and purchase a second membership to give to someone else, that second membership is also deductible.

    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







  • 7.  RE: Membership Promotion

    Posted 11-14-2022 04:20 PM
    To amplify, here's what the IRS says about membership benefits.  "Exercise often" is akin to gaining access to the organization's facilities as desired.  That does not include special events or non-organization events.  The second bullet is key as it discusses member-only events and an allowance for only insubstantial benefits.  The following comes from this website:


    1. The donor makes a payment of $75 or less per year and receives only annual membership benefits that consist of:
    • Any rights or privileges (other than the right to purchase tickets for college athletic events) that the taxpayer can exercise often during the membership period, such as free or discounted admissions or parking or preferred access to goods or services, or
    • Admission to events that are open only to members and the cost per person of which is within the limits for low-cost articles described in Revenue Procedures 90-12 and 92-49 (as adjusted for inflation). Also see the discussion of insubstantial value above.

    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