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JPC and Donor Advised Funds

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August 10

(The article below is for information purposes only and is in no way intended to serve as legal, accounting, or other professional advice. For specific information regarding your legal or tax situation, please consult your own attorney or tax advisor.)

 

The Donor Advised Fund (DAF) is becoming increasingly more popular as a charitable giving vehicle, and with good reason. They provide donors with a “one-stop shopping” method of giving to their favorite charitable organizations. Basically, here’s how they work: A person gives money to establish an account with a Donor Advised Fund, receives a tax deduction from the DAF for the gift per IRS regulations, and then, when ready to do so, the person requests/advises that the DAF make a contribution to the charitable organization(s) of his or her choosing, like say, The Purdue Foundation/Purdue University.

However, there are certain restrictions that apply when directing a gift from a DAF to a charitable organization which can disqualify the contribution (meaning that the organization could not legally accept the contribution). Since an individual has already received a tax benefit from the DAF at the time the dollars were given to establish an account, the individual cannot receive any benefits from the organization which he or she has requested that the DAF support. The John Purdue Club, unfortunately, falls into the "restrictions" side of the equation because of the perks or benefits which accompany membership in the Club.

Below are a few of the basic restrictions which prohibit donors from using DAF contributions to satisfy their John Purdue Club membership:

•     Any admission to or special treatment at events including preferred seating or parking privileges. This includes any JPC member who has preferred seating or parking at any of our sporting events.

•     Any goods or services (including special access) received as part of  membership. This includes JPC members’ receipt of Gold and Black Illustrated.

•     Any outstanding personal pledge or pledge payment may not be satisfied via DAF contributions. Standing pledges are considered a personal obligation by the IRS and thus disqualified.

 Because of these restrictions, the John Purdue Club cannot generally accept member’s gifts for membership via Donor Advised Funds. But, there are situations in which they are allowed. One way is for a donor to sign a formal waiver document refusing any and all quid pro quo benefits relating to their membership in the John Purdue Club. The waiver will reject "any quid pro quo benefits associated with the gift and further gifts from the DAF that may be currently or subsequently conferred on the donor or any other party, directly or indirectly (through the cumulation of both previous and future gifts) as a result of the contribution."  Another avenue by which the JPC could accept a DAF contribution is if a donor wishes to direct an outright gift (not a payment on a current pledge) toward a capital campaign, like the Mackey Arena Project. Again, the donor would need to sign a waiver saying they receive no goods or services in exchange for the gift. Anyone who is thinking about making contributions to Athletics using a Donor Advised Fund should call the John Purdue Club first at 800-213-2239.                                                        

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