DONOR-ADVISED
FUNDS ALLOW PERSONAL CONTROL
YET PROVIDE TAX BREAKS
06/02
People who have made enough money so they can afford to
give some of it away typically want to control who receives
their charitable gifts. An increasingly popular way to do so
is through a donor-advised fund under the auspice of a
public charity.
Donors can always control their giving by donating
directly to their favorite charities. But that can mean
considerable paperwork in the case of multiple donations,
restrictions on what you can donate (your church may not be
able to handle stock, for example), lack of future control,
and often no creation of a legacy or involvement of your
children. A private foundation can overcome these
limitations, but it faces other difficulties, including
payout requirements, high set-up expenses, annual tax
reporting and increasing IRS scrutiny. That's why many
donors are finding donor-advised funds a happy medium.
Here's how they work.
A donor-advised fund is a fund in your name created inside a public
charity. You make an irrevocable charitable contribution in cash or
marketable securities. You may or may not be able to donate real estate,
limited partnerships, artwork or other type of asset. The charity sells
the assets and reinvests the proceeds in a managed portfolio. You receive
an immediate federal (and sometimes state) tax deduction for the full
value of your donation. For example, if you donate stock that you bought
at $10 a share and is now worth $50 a share, the deduction is worth
$50 a share as long as you've held the stock for at least one year.
As a bonus, you don't pay any capital gains taxes on the appreciation.
The main tax restriction is that in the case of
appreciated assets you can't deduct more than 30 percent of
your adjusted gross income in a single year. In the case of
cash, you can deduct up to 50 percent of AGI. Any amount you
can't deduct in a particular year, you can carry forward
into subsequent tax years.
After you make your donation, you can advise the managing
charity on how much income or principal to distribute to
which selected recipient charities, and when. For example,
you might treat it as an endowment, giving away only the
earnings each year. Or you can give away some or the entire
principal. You can even wait several years, letting the
money in your account grow, before making grants. The main
restriction here is that the charities must be
IRS-approved..
Be aware that for your donation to be considered a gift,
it must be out of your control, which means that technically
the charity has the authority to reject your grant
recommendations. In practice, however, charities generally
follow your "advice" unless it violates IRS rules, or the
charity's own restrictions, such as the geographic
restrictions of a community foundation.
You also can "advise" the charity how you want your
donation invested. Usually the charity offers several types
of mutual funds, including money markets, which range from
low risk to choices that are more aggressive. Management
fees commonly run one to two percent, though some initially
are much lower depending on the charity and the size of the
donation.
Minimum initial donations are typically in the $5,000 to
$10,000 range, though they can run much higher. Subsequent
contributions can be much smaller.
A donor-advised fund offers several advantages. You may
donate to several charities but your paperwork is condensed
to a single report by the managing charity. You can, if you
choose, donate anonymously. You have flexibility in timing
the gifts. You can involve your children when making your
grant choices, including having them assume control when you
die. Most sponsoring charities, however, unlike private
foundations, don't allow your fund to exist for more than
one or two successor generations, though a few will allow it
to exist in perpetuity.
Charities offering donor-advised funds come in several forms. The oldest
are local community foundations. Since the mid 1990s, numerous religious
groups, brokerage firms and other financial institutions have created
separate charities to operate donor-advised funds. Some national independent
foundations and national charities have also begun offering them.
Which type of charity is best for you? Financial firms
make it easy to set up your fund and they have fewer
restrictions, but they generally don't provide much advice
on specific charities to give to. Community and religious
foundations can provide strong advice on local needs of your
community.
When choosing a charity, carefully examine management
fees, donation restrictions, advice capabilities, and
investment choices.
This article was produced by the Consumer Affairs Dept.
of The Financial Planning Association and provided to you
courtesy of Nigel B. Taylor, CFP, Santa Monica, California.
If you have any questions or concerns regarding this, or any
other financial topic and are a resident of Southern
California, please call me at 1-800-444-2237 (California
residents only please), or click on the "MORE INFO" button
to arrange for a free initial consultation in the comfort of
your home or office.
  
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