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Watching for Red Flags When Accepting a Planned Gift

October 18, 2010, 12:10 pm

Some gifts from donors’ estates are more trouble than they are worth, said Aviva Shiff Boedecker, a charitable gift-planning consultant in San Francisco, in a speech Friday at the National Conference on Philanthropic Planning in Orlando, Fla.

And once a charity has accepted a gift, managing it properly is even more important than getting the gift in the first place, Ms. Boedecker said, because you don’t want to upset your donors. “They’ll tell their friends,” she said. “You get a terrible reputation.” You might even have problems with the IRS if you don’t report things properly, she added.

Don’t work with gift brokers. Such brokers advise their clients to do a planned gift for the broker’s best financial interest, and they shop around to find charities that are going to make the best offer, Ms. Boedecker said. The broker then gets commissions and other fees. But she noted that ethical rules for fund raisers usually prevent charities from paying their donors’ legal expenses.

Even if donors ask, do not give legal and tax advice. “We know a lot more than the average person on how the world works in this arena, but you have to keep in mind that we represent our organizations,” Ms. Boedecker said. Dispensing legal advice can raise the issues of conflicts of interest or undue influence on donors. If they refuse to get independent advice, make sure you have a good paper trail, Ms. Boedecker said. Also, don’t ever draft documents for donors. “You cannot act as the donor’s attorney, accountant, or financial planner,” she said.

Don’t neglect appraisal requirements. The law says all donated property valued at more than $5,000, except cash and publicly traded securities, must have a qualified appraisal for the donor to claim an income-tax deduction. Make sure that the donor is aware that a third-party qualified appraiser is needed. If the donor does not do so, hire your own. “It’s a good reality check,” Ms. Boedecker said.

Ask questions about real-estate gifts. What is the donor’s intent? Does he or she want the property to be kept in perpetuity by the charity, or can the property be sold? Also:

  • Make sure that the property has no liabilities. Prepare an independent environmental inspection and title search.
  • Find out whether it has tenants. If it’s a commercial property, that’s fine; for residential properties, it isn’t, Ms. Boedecker said.
  • Make sure there’s a market to sell the property and a staff member to handle the sale or manage the property until it’s sold.

Don’t forget the economics. Carefully analyze the ultimate benefit to your charity when accepting a gift. How long will it be until your organization gets the remainder of a  gift that provides income to the donor over his or her lifetime? Will it be enough for the designated purpose of the donation? What will the gift be worth by the time a donor dies? Also, consider management costs.

Don’t disregard donor-relation issues. Counting and acknowledging gifts can be a minefield, Ms. Boedecker said. How do you acknowledge certain gifts over others? Should you give equal “credit” to donors of outright or deferred gifts? Determine the right amount of attention being given to donors during this process. Spending too much time on a given donor means less time cultivating other potential donors.

Be careful about the timing of year-end gifts. Do not be pressured into accepting an “emergency” gift that you are not certain about. Consult your gift-acceptance policy or gift-acceptance committee. Also, make sure that all gifts are postmarked by the post office or received by the charity before or by December 31 for it to be considered a gift within the tax year. Postmarks by private carriers, such as FedEx or UPS do not count.

*Photo provided by Tony Martignetti

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3 Responses to Watching for Red Flags When Accepting a Planned Gift

greglassonde - October 18, 2010 at 8:49 pm

Dear Raymund Flandez,

Unfortunately I believe that your reporting reinforces the mistaken notion that nonprofits should fear promoting legacy (aka “planned”) giving. While all of the information you report, and that Aviva presented, is factually correct, disasters rarely happens for the vast majority of nonprofit organizations. Most nonprofit supporters make a simple bequest to charity. This is their legacy. The important bequest comprises the vast majority of gifts. Rarely is real estate involved.

My field, planned giving officers / specialists, has unintentially struck fear in the hearts of executive directors, development directors and board members. This fear keeps them from proactaively promoting legacy giving. Unfortunately, your article plays into this same dynamic.

Legacy giving is the most cost effective and underutlized method of fundraising. Let’s change this. By all means, nonprofits should get competent help when the need arises. And there are wonderful folk (like Aviva or a community foundation) to help out when that rare need arises.

So, let’s all promote legacy giving. And maybe start with your own legacy gift to your favorite nonprofit(s)?

Best,
Greg Lassonde
http://www.greglassonde.com

tonymartignetti - October 19, 2010 at 6:35 am

I don’t agree, Greg,

This coverage makes plain that there are risks in Planned Giving, and those risks need to be managed. It doesn’t discourage nonprofits from inaugurating a program.

Also, I have never encountered the fear of Planned Giving that you mention. My experience is contrary. Nonprofits often embark on a program and aren’t sufficiently aware of potential traps, many of which have considerable legal implications for donor and charity. These include issues around gifts of real estate (including what’s mentioned in the coverage); unrelated business income; working with financial advisors who do “product giving” rather than Planned Giving; legally binding pledge agreements that aren’t meant to be; and the like.

This coverage helps expose some potential problem areas to newcomers to Planned Giving and reminds the charities that have experience.

Tony Martignetti
http://www.mpgadv.com

jcm1632ga - October 25, 2010 at 1:17 pm

I found this article full of practical advice. It did not suggest that planned gifts should be avoided. It simply stated that a planned giving program exercise due diligence. The requirement of due diligence is part of running a good business. Failure to exercise appropriate care places everyone involved in the transaction in jeopardy.

I saw nothing in the article that would make me fearful of advising a client to include planned giving in their mix of resource development tools. What I did read is a reminder that planned gifts that are not easily converted into cash require more care and attention than simply accepting the gift. It tells me that if I am going to accept gifts that cannot be quickly converted to cash, I need to plan how the organization processes and manages those gifts. This advice strikes me as prudent.

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