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CHAPTER 1 Selling the Dream

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Presentation on theme: "CHAPTER 1 Selling the Dream"— Presentation transcript:

1

2 CHAPTER 1 Selling the Dream
The Growth of Charity Selling the Dream of “Better” Who is Selling the Dream? Selling the Dream Requires an In-depth Understanding of Why People Give Why People Don't Give More? Where Can I Find Out More About It?

3 CHAPTER 2 General Rules for Charitable Deductions
Overview What Is It? Qualified Charities Defined

4 CHAPTER 2 General Rules for Charitable Deductions
What Is It? (cont’d) Direct Gifts Cash Gifts Ordinary Income Property Long-term Capital Gain Property Life Insurance Annuities Series E and EE Bonds Gifts of Tangible Personal Property Nondeductible Gifts or Contributions Selling the Dream of “Better”

5 CHAPTER 2 General Rules for Charitable Deductions
Value and Substantiation of Gifts Fair Market Value Substantiation Gifts of Less than $250 Gifts of $250 or More Gifts of More than $500 Gifts of More than $5,000 Gifts of Artwork More than $20,000 Gifts of Artwork Valued at More than $50,000 Loss of Deduction

6 CHAPTER 2 General Rules for Charitable Deductions
What Are the Tax Implications? Income Tax Gift Tax Estate Tax

7 CHAPTER 2 General Rules for Charitable Deductions
Penalty for Overvaluation 20% Negligence Penalty Valuation Misstatement Penalties 20% Substantial Valuation Misstatement Penalty 40% Gross Valuation Misstatement Penalty 75% Fraud Penalty $1,000 Civil Penalty Timing of Deduction

8 CHAPTER 3 Income Percentage Limitations
What Is It? Public (50%) Charities

9 CHAPTER 3 Income Percentage Limitations
How Is It Done? Public (50%) Charities Private Family Foundations (30% Charities) Order of Charitable Deductions Allowed Reduction from Fair Market Value to Cost Basis Fair Market Value Less Than Cost Basis Property Subject to a Debt Gifts Made by a Corporation

10 CHAPTER 3 Income Percentage Limitations
“To” Versus “For the Use Of” Carryover Rules Effect of Subsequent Events on Carryover Provisions Information to Support a Carryover Deduction

11 CHAPTER 4 Gifts of Property
What Is It? When is the Use of Such a Device Indicated? Tangible Personal Property Related Use Investment or Inventory? Future Interest Unusual Asset Types

12 CHAPTER 4 Gifts of Property
Intangible Property Publicly Traded Securities Privately Held Businesses Related Use Sole Proprietorships Partnerships C Corporations S Corporations Limited Liability Companies (LLCs)

13 CHAPTER 4 Gifts of Property
Real Property Fee Simple Partial Interests Indirect Ownership Where Can I Find Out More About It? Questions and Answers

14 CHAPTER 5 Partial Interest Rules
What Is It? When is the Use of Such a Device Indicated? Advantages Disadvantages

15 CHAPTER 5 Partial Interest Rules
What Are the Requirements? Undivided Portion of Donor's Entire Interest Remainder Interest in Personal Residence Remainder Interest in Farm Other Partial Interest Gifts Right to Use Property

16 CHAPTER 5 Partial Interest Rules
How it is Done? Valuation of a Deduction for an Undivided Interest in Property Valuation of a Deduction for a Contribution of a Remainder Interest in a Personal Residence What Are the Tax Implications? What Are the Alternatives? Where Can I Find Out More About It? Questions and Answers

17 CHAPTER 6 E-Philanthropy and Technology Issues
What is E-Philanthropy? Advantages Disadvantages Where Can I Find Out More About It?

18 CHAPTER 7 Ethical Issues in Charitable Planning
What Is It? When Is the Use of Such a Device Indicated? How Is It Done? Donors Charity Board Members & Executives Planned Giving & Development Officers Advisors Where Can I Find Out More About It? Questions and Answers

19 CHAPTER 8 The Planned Giving Office
What Is It? When Is the Use of Such a Device Indicated? What Are the Requirements?

20 CHAPTER 8 The Planned Giving Office
How Is It Done? An Example What Is a Public Charity? Other Requirements for Tax-Exempt Status The Charity's Mission Statement Balancing the Needs of the Charity With Those of the Donor Major Gift Acceptance Policy Donor Contact Compensation Public Disclosure & Accountability

21 CHAPTER 8 The Planned Giving Office
How Is It Done? An Example (con’t) State Laws Marketing to Donors Networking With Advisors and Peers The Professional Advisory Board Continuing Education Gift Counting & Accounting Capital Campaign Quotas & Other Job Pressures

22 CHAPTER 8 The Planned Giving Office
Where Can I Find Out More About It? Questions and Answers

23 CHAPTER 9 The Planned Giving Team
What Is It? When is the Use of Such a Device Indicated? Advantages Disadvantages

24 CHAPTER 9 The Planned Giving Team
What Are the Requirements? Planned Giving Officers Truths and Misconceptions Regarding Planned Giving Officers The Ideal Planned Giving Officer as a Member of the Planning Team Financial Advisors Some Truths and Misconceptions Regarding The Ideal Financial Advisor as a Member of the Planning Team

25 CHAPTER 9 The Planned Giving Team
What Are the Requirements? (cont’d) Tax Advisors or Estate Planning Attorneys Some Truths and Misconceptions Regarding Tax Advisors and Estate Planning Attorneys The Ideal Tax Advisor or Estate Planning Attorney as a Member of the Planning Team Technical Competence

26 CHAPTER 9 The Planned Giving Team
How Is It Done? Where Can I Find Out More About It? Questions and Answers

27 CHAPTER 10 Bargain Sale Transactions
What Is It? When is the Use of Such a Device Indicated?

28 CHAPTER 10 Bar gain Sale Transactions
Advantages Advantages to the Donor Advantages to the Charitable Organization Disadvantages Disadvantages to the Donor Disadvantages to the Charitable Organization

29 CHAPTER 10 Bargain Sale Transactions
What Are the Requirements? How Is It Done? What Are the Tax Implications? Where Can I Find Out More About It? Questions and Answers

30 CHAPTER 11 Below-Market Interest Loans
What Is It? When Is the Use of Such a Device Indicated? Advantages Disadvantages What Are the Requirements?

31 CHAPTER 11 Below-Market Interest Loans
How It is Done? Gift Loans Compensation-Related Loans Corporation-Shareholder Loans Tax Avoidance Loans Significant Tax Effect Loans Loans to Qualified Continuing Care Facilities Exceptions to the Below-Market Loan Rules

32 CHAPTER 11 Below-Market Interest Loans
What Are the Tax Implications? What Are the Alternatives? Where Can I Find Out More About It? Questions and Answers

33 CHAPTER 12 Charitable Gift Annuities
What Is It? When Is the Use of Such a Device Indicated? Advantages Disadvantages How Is It Done?

34 CHAPTER 12 Charitable Gift Annuities
What Are the Tax Implications? Income Tax Treatment to the Donor and Annuitant Gift Tax Issues Estate Tax Issues Where Can I Find Out More About It? Questions and Answers

35 CHAPTER 13 Charitable Giving Using Life Insurance
What Is It? When Is the Use of Such a Device Indicated?

36 CHAPTER 13 Charitable Giving Using Life Insurance
Outright Gifts at Death Life Insurance Policies Annuity Contracts Outright Gifts During Life

37 CHAPTER 13 Charitable Giving Using Life Insurance
New Life Insurance Purchases Insuring Against the Loss of a Major Donor Gifts of Premiums Earmarked for New Insurance State Insurable Interest Rules

38 CHAPTER 13 Charitable Giving Using Life Insurance
New Life Insurance Purchases (cont’d) State Laws Governing the Contract Risk Assessment and Insurance Illustrations A Gift With Strings Attached Duty to Invest Prudently Percentage-Based Fund Raising Fees Future Premiums How to Proceed

39 CHAPTER 13 Charitable Giving Using Life Insurance
Life Insurance as a Wealth Replacement Tool Transfers into Split Interest Vehicles Charitable Remainder Trust Charitable Gift Annuity

40 CHAPTER 13 Charitable Giving Using Life Insurance
Insurance as an Investment Individual Insurance Group Policies Viatical Settlements Annuities Reinsuring Charitable Gift Annuities Charitable Remainder Trust Where Can I Find Out More About It? Questions and Answers

41 CHAPTER 14 Charitable Lead Trusts
What Is It? When Is the Use of Such a Device Indicated? Advantages Disadvantages What Are the Requirements? How Is It Done -- Examples

42 CHAPTER 14 Charitable Lead Trusts
What Are the Tax Implications? Valuing the Charitable Deduction Grantor Lead Trust Family Lead Trust Where Can I Find Out More About It? Questions and Answers

43 CHAPTER 15 Charitable Remainder Annuity Trusts
What Is It? When Is the Use of Such a Device Indicated? Advantages Disadvantages What Are the Requirements? How Is It Done?

44 CHAPTER 15 Charitable Remainder Annuity Trusts
What Are the Tax Implications? Income Tax Gift Tax Estate Tax Where Can I Find Out More About It? Questions and Answers

45 CHAPTER 16 Charitable Remainder Unitrusts
What Is It? When Is the Use of Such a Device Indicated? Advantages Disadvantages

46 CHAPTER 16 Charitable Remainder Unitrusts
What Are the Requirements? Basic Requirements Net Income Exception CRUT (NICRUT) Net Income with Make-Up Provision CRUT (NIMCRUT) “FLIP” Unitrust How Is It Done? Joint Life CRUT with Wealth Replacement Trust

47 CHAPTER 16 Charitable Remainder Unitrusts
What Are the Tax Implications? Value of the Charitable Deduction Taxation of CRUT Income and Payouts Determination of Trust Income Where Can I Find Out More About It? Questions and Answers

48 CHAPTER 17 Community Foundations
What Is It? When Is the Use of Such a Device Indicated? Advantages Disadvantages What Are the Requirements?

49 CHAPTER 17 Community Foundations
How Is It Done? What Are the Tax Implications? What Are the Alternatives? Where Can I Find Out More About It? Questions and Answers

50 CHAPTER 18 Qualified Conservation Contributions
What Is It? When Is the Use of Such a Device Indicated?

51 CHAPTER 18 Qualified Conservation Contributions
What Are the Requirements? Qualified Conservation Contribution Requirements Qualified Real Property Interest Qualified Organization Exclusively for Conservation Purposes Estate Tax Exclusion Requirements

52 CHAPTER 18 Qualified Conservation Contributions
How Is It Done? What Are the Tax Implications? Income Tax Estate Tax Estate Tax Exclusion for Land Subject to Permanent Conservation Easement Where Can I Find Out More About It? Questions and Answers

53 CHAPTER 19 Donor Advised Funds
What Is It? When Is the Use of Such a Device Indicated? Advantages Disadvantages

54 CHAPTER 19 Donor Advised Funds
What Are the Requirements? Types of Donor Funds How Is It Done? Examples Where Can I Find Out More About It? Questions and Answers

55 CHAPTER 20 Pooled Income Funds
What Is It? When Is the Use of Such a Device Indicated? Advantages Disadvantages What Are the Requirements?

56 CHAPTER 20 Pooled Income Funds
How Is It Done? Irrevocable Gift Property Suitable to Donate What Can the Pooled Income Fund Do With the Assets? Units of Participation Summary of Benefits to the Donor Wealth Replacement Technique

57 CHAPTER 20 Pooled Income Funds
What Are the Tax Implications? Income Tax Gift Tax Estate Tax Taxation of the Pooled Income Fund Where Can I Find Out More About It? Questions and Answers

58 CHAPTER 21 Private Foundations
What Is It? When Is the Use of Such a Device Indicated? Advantages Disadvantages What Are the Requirements? Private Foundation Excise Taxes

59 CHAPTER 21 Private Foundations
How Is It Done? Private Operating Foundations What Are the Tax Implications? What Are the Alternatives? Where Can I Find Out More About It? Questions and Answers

60 CHAPTER 22 Retirement Plan Gifts
What Is It? When Is the Use of Such a Device Indicated? Advantages Disadvantages What Are the Requirements?

61 CHAPTER 22 Retirement Plan Gifts
How Is It Done? An Example Testamentary Gift Directly to Charity Testamentary Gift Using a Charitable Remainder Trust Distributions as IRD Wealth Replacement

62 CHAPTER 22 Retirement Plan Gifts
What Are the Tax Implications? Income Tax Distributions of Employer Securities Income in Respect of a Decedent Required Minimum Distributions Planning Opportunities Estate Tax Where Can I Find Out More About It? Questions and Answers

63 CHAPTER 23 Testamentary Gifts
What Is It? Pecuniary Amount Percentage/Fractional Bequests Specific/General Bequests Contingent Bequests

64 CHAPTER 23 Testamentary Gifts
Testamentary Split Interest Gifts Charitable Remainder Trusts Charitable Lead Trusts Pooled Income Funds Remainder Interest in a Farm or Personal Residence

65 CHAPTER 23 Testamentary Gifts
When is the Use of Such a Device Indicated? Advantages Disadvantages What Are the Requirements? Cy Pres Doctrine Which Charities Qualify for an Estate Tax Charitable Deduction?

66 CHAPTER 23 Testamentary Gifts
How Is It Done? Issues with Specific Property Tangible Personal Property Income in Respect of a Decedent Testamentary Gifts of Life Insurance Commercial Annuities

67 CHAPTER 23 Testamentary Gifts
Issues with Specific Property Tangible Personal Property Income in Respect of a Decedent Testamentary Gifts of Life Insurance Commercial Annuities

68 CHAPTER 23 Testamentary Gifts
What Are the Tax Implications? Charitable Estate Tax Deduction Property Included in Decedent's Gross Estate Payment of Estate Taxes QTIP Property

69 CHAPTER 23 Testamentary Gifts
What Are the Tax Implications? (cont’d) Powers of Appointment General Power of Appointment Special Power of Appointment Disclaimers Income Earned During Estate Administration Questions and Answers

70 CHAPTER 24 Supporting Organizations
What Is It? When Is the Use of Such a Device Indicated? Advantages Disadvantages

71 CHAPTER 24 Supporting Organizations
What Are the Requirements? How Is It Done? What Are the Tax Implications? What Are the Alternatives? Where Can I Find Out More About It? Questions and Answers

72 APPENDIX A Planned Giving Trends
Aggressive Charitable Planning Techniques Increased Scrutiny from Legislators

73 APPENDIX B Charitable Gift Annuity Rates and IRS Expected Return Multiples
Single Life Two Lives – Joint and Survivor Expected Return Multiples

74 APPENDIX C Charitable Remainder Trust (CRT) Administration
Choosing a Charitable Trustee Institutional Trustee Charity as Trustee Grantor as Trustee Investing Trust Assets Unrelated Business Taxable Income (UBTI)

75 APPENDIX C Charitable Remainder Trust (CRT) Administration
Tax Reporting Requirements Form 5227 (Split-Interest Trust Information Return) Form 1041-A (U.S. Information Return, Trust Accumulation of Charitable Amounts) Schedule K-1 of Form 1041 (Beneficiary's Share of Income, Deductions, Credits, etc.) Form 8282 (Donee Information Return) Other Tax Reporting Requirements

76 APPENDIX C Charitable Remainder Trust (CRT) Administration
Accounting for Annuity or Unitrust Payments to the Income Beneficiary The 4-Tier Ordering System Paying the Annuity or Unitrust Amount Recordkeeping Requirements

77 APPENDIX C Charitable Remainder Trust (CRT) Administration
Valuation of CRT Assets Charitable Remainder Annuity Trust (CRAT) Charitable Remainder Unitrust (CRUT) Termination of a Charitable Remainder Trust Complying With the Private Foundation Rules

78 APPENDIX D Income Percentage Limits for Lifetime Charitable Gifts*

79 APPENDIX E Codes of Ethics
Professional Codes American Association of Fundraising Counsel (AAFRC) AAFRC Membership Standards Association of Fundraising Professionals (AFP) AFP Code of Ethical Principles and Standards of Professional Practice Association for Healthcare Philanthropy Statement of Professional Standards and Conduct Education (CASE)

80 APPENDIX E Codes of Ethics
Professional Codes (cont’d) Council for Advancement and Support of Education (CASE) CASE Statement of Ethics Council on Foundations Principles and Practices for Effective Grantmaking

81 APPENDIX E Codes of Ethics
Professional Codes (cont’d) International Alliance of Grantwriters and Nonprofit Consultants (IAOGWANC) (formerly known as the International Alliance of Grantwriters and Nonprofit Management Consultants (IAOGWANMC)) Code of Ethical Principles Standards of Professional Practice Summary of Competencies for Nonprofit Consultant

82 APPENDIX E Codes of Ethics
Professional Codes (cont’d) National Committee on Planned Giving (NCPG) Model Standards of Practice for the Charitable Gift Planner

83 APPENDIX E Codes of Ethics
Donor Bill of Rights Principles of the E-Donor Bill of Rights

84 APPENDIX F IRS Filing and Reporting Requirements
Revenue Procedure 83-32, CB 723 IRS Filing Requirements IRS Forms

85 APPENDIX G Model Forms for Charitable Remainder Trusts
Inter Vivos Charitable Remainder Unitrust One Life Two Lives, Consecutive Interests Two Lives Concurrent and Consecutive Interest

86 APPENDIX G Model Forms for Charitable Remainder Trusts
Testamentary Charitable Remainder Unitrust One Life Two Lives, Consecutive Interests Two Lives, Concurrent and Consecutive Interests

87 APPENDIX G Model Forms for Charitable Remainder Trusts
Inter Vivos Charitable Remainder Annuity Trust One Life Two Lives, Consecutive Interests Two Lives, Concurrent and Consecutive Interests

88 APPENDIX G Model Forms for Charitable Remainder Trusts
Testamentary Charitable Remainder Annuity Trust One Life Two Lives, Consecutive Interests Two Lives, Concurrent and Consecutive Interests

89 APPENDIX H Charitable Planning Software
What to Look for–Selection Criteria Types of Software Comprehensive Calculations and Illustrations Administrative Software Where Can I Find Out More About It? Questions and Answers

90 APPENDIX I Tax Rates and Credits
Income Tax Rate Schedules Gift and Estate Tax Rate Schedules Unified Credit Maximum Credit Table for State Death Taxes

91 APPENDIX J Valuation Issues Relating to Specific Assets
General Valuation Rules Fair Market Value Deduction Limitations Reduction Rule: Ordinary Income Property Reduction Rule: Long-Term Capital Gain Property Reduction Rule: Tangible Personal Property Reduction Rule: Gifts of Appreciated Property to a Private Charity Appraisal Requirements

92 APPENDIX J Valuation Issues Relating to Specific Assets
Valuation Issues for Specific Assets Real Estate Publicly Traded Stocks, Bonds, and Mutual Funds Closely Held Stock Life Insurance Tangible Personal Property

93 APPENDIX K Valuation Tables
CLATs, CRATs CLUTs, CRUTs PIFs Charitable Gift Annuities

94 APPENDIX L Charitable Planning Websites
Comprehensive Professional Resources Associations Publications Researching a Nonprofit Organization Software Trust Administration


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