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Published byHugh Thompson Modified over 9 years ago
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1 National Capital Gift Planning Council Planned Giving Days
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2 Population Percent Share of Wealth Their Issues Motivation NinetyThirdPassionMission NineThirdTaxesTax Mitigation OneThirdControlFamily/ Legacy
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3 Income bracketsIncome tax rate Cap gain rate Surtax rate $457,601 +36.9%20%3.8% $405,101 - $457,60035%15%3.8% $226,851 - $405,10033%15%3.8% (over$250,000) $148,851 - $226,85028%15%None $ 73,801 - $148,85025%15%None
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5 Long-term appreciated property (a year and a day) for the best deduction Any asset can be given to a charity Must itemize to use the deduction May require an appraisal Not all assets are good gifts
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6 Big business in the 1990s Market collapse in March 2000 Two missing elements ◦ Costly capital gains tax ◦ Asset appreciation Post recession in 2010s ◦ Tax rates are up ◦ Appreciation is back Importance of Wealth Effect Every day in 2014 is your birthday!
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8 “Contributing complex assets to charity, however, can be complicated and is fraught with technical requirements and potential pitfalls.” Never say NO for the donor
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9 Investments Real estate Business interests Tangible personal property Complex assets Other stuff
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10 Publicly traded stock Bonds Mutual funds
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11 Residential Rental Commercial Raw
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12 C Corp S Corp LLC LLP Partnerships
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13 Art Collectables Jewelry Cars, boats and planes
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14 Privately held companies Hedge funds Restricted stock Limited partnership interests
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15 Crops, timber, oil & gas interest, MLPs, horses, life insurance, copyrights, patents, classic car, shopping mall, antique desk, etc.
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17 If they say no, it is still good for you. ◦ You find out more detail about the donor: how to be asked, when to be asked ◦ You differentiate your self from other fundraisers It they say yes, it is even better for you. ◦ Window into the donor’s wealth ◦ The 300% solution
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18 Charitable giving is one of the few things you can do with your assets (keep, sell or give) versus giving cash (spend on anything, save or give). You benefit in three ways when making a gift with assets: ◦ Increases your cash flow ◦ Avoid capital gain taxes on the appreciated portion of the asset ◦ Provides you with a charitable income tax deduction for the full fair market value of the asset
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19 5 years ago donor bought 1000 shares of Cisco stock for $10 Today the shares are worth $30 a share ◦ What is the fair market value of the stock? ◦ What is the capital gain amount? ◦ Assuming a 18.8% capital gain tax rate, what is the tax avoidance? ◦ Assuming a 35% income tax rate, what is the tax savings?
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20 In 2012 only 3% of charitable giving was done with assets. Impediments to assets gifts: ◦ It’s a bad asset. ◦ Complexity ◦ The organization ◦ The fundraiser
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21 Close you eyes and picture your CFO and Corporate Attorney ◦ Policies and approval ◦ Due diligence ◦ Accepting the gift ◦ Processing the gift ◦ Crediting the gift Another way
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22 Many DAFs now offer themselves as a conduit for asset gifts. Resources: ◦ eCurrency - http://www.siliconvalleycf.orghttp://www.siliconvalleycf.org ◦ Cars - http://www.donateacar.com/charities.phphttp://www.donateacar.com/charities.php ◦ Boats - http://www.actiondonation.org/DonateBoat.htmlhttp://www.actiondonation.org/DonateBoat.html ◦ Planes - http://www.cardonationonline.org/donateaircraft.htmhttp://www.cardonationonline.org/donateaircraft.htm ◦ Real estate - http://www.realestateforcharities.org/services/http://www.realestateforcharities.org/services/ ◦ TPP - http://idonate.com/in-kind/http://idonate.com/in-kind/ ◦ Business interests & complex assets – www.Nationalcommunityfoundation.org www.Nationalcommunityfoundation.org
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23 Make no assumptions ◦ What a donor does for work does not mean that is how they make their money. ◦ Don’t be fooled by lifestyle, either way. Questions to begin the conversation ◦ “Have you ever made a gift of stock to a charity?” ◦ “Have you ever considered fulfilling your gift with something other than cash?” When you are asked a tough question ◦ “I don’t know, but I know someone who does.”
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24 “Before I accept this generous gift to our organization, let me ask you one question. What makes it possible for you to make a gift of (x amount) in cash to our organization?” If You Can Only Ask One Question
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25 IPO Buyout Merger Unit sale ESOP Business EventsPersonal Planning Tax Estate Financial Retirement Charitable
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26 Virtual Currency Crop Carried interest
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27 What it is? Virtual currency is a currency that is unregulated by traditional financial actors, such as central banks controlled by a sovereign government. How is it treated? IRS 2014-21 says for federal tax purposes, virtual currency is treated as intangible personal property.
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28 How is it valued? For U.S. tax purposes, transactions must be reported in U.S. dollars. What’s the deduction? FMV for LTCG currency; basis for STCG. What’s the donor’s benefit? Charitable deduction applicable to capital gain treatment.
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29 What is it? A basic good used in commerce that is interchangeable with other commodities of the same type. How is it treated? Harvested crops are deemed tangible personal property and are subject to related use rules.
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30 How is it valued? As a commodity, soybeans are traded on an exchange which establishes a price on any given trading day. What’s the deduction? None. However, the farmer will be able to exclude the value of the crop from their taxable income. What’s the donor’s benefit? Reducing taxable income.
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31 What is it? A right that entitles the GP of private equity or hedge fund to a share of the profits. How is it treated? Investment profit taxed as capital gain. How is it valued? Projected cash flows discounted to present value.
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32 What’s the deduction? FMV for LTCG currency; basis for STCG. What’s the donor’s benefit? Charitable deduction applicable to capital gain treatment.
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33 Gifts of assets create a whole new realm for gift solicitation and fulfillment. Fundraisers will need to raise the issue with donors to access this opportunity available through gifts of assets. It begins with asking questions and raising the possibilities.
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34 Jay Steenhuysen Steenhuysen Associates 1539 Fall River Ave., Suite 3 Seekonk, MA 02771 508-336-4544 jay@steenhuysen.com
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