Practice Due Diligence with Crypto-Philanthropy and DAFs
David King and skirting the rules.
“A lot of donors have a fuzzy understanding of how DAFs work and the “rules”. Unfortunately, the sponsoring organizations are not the enforcers; that falls to the nonprofits, and it can have a negative impact on donor relationships – especially if not all donors follow the rules. This has gotten a little better because the IRS has loosened some of the rules. Still, I can’t count the number of times an organization I’ve been working with has had to be the one to tell a donor, ‘Sorry, you cannot make a pledge on behalf of your DAF, nor can you pay a personal pledge from a DAF’ much to the dismay and disappointment of the donor. So, the workaround was that people either ignored the rule or ‘cheated’ and ‘wrote off’ portions of a pledge as DAF payments were received in order to get around the rule.”
|
Donor-advised funds are wildly popular, with total DAF assets standing at $250 billion, according to the latest analysis from the National Philanthropic Trust. And by one count, gifts in cryptocurrency exceeded $1 billion last year. But many don’t know that when a donor places money — or any kind of asset, like stock or crypto — in a DAF and gets an immediate tax break, they also relinquish control of those assets. Though in most cases, DAFs parcel grants to charities at the donor’s request.
Below are some tips about how to ensure your philanthropy goes as planned.
Giving it up. Remember, when donating through a DAF, you are legally ceding control over the funds. If things go sideways with the fund, it can be difficult, if not impossible, to get the money back because the donor no longer owns the donation.
Fees are important. Be cautious of a donor-advised fund that asks for a large upfront commission but does not have yearly management fees. Although those annual management fees may seem burdensome or unnecessary, they help ensure the fund can fulfill your grant requests.
Remember, it’s charity. Be cautious of solicitations presented as investment opportunities. While it’s common for donors to be asked to make matching gifts, it’s unusual for a DAF to request that a donor provide upfront funds with the promise that it will grow by a certain amount.
Investment policies are standard. Ensure that a donor-advised fund or crypto-philanthropy has an investment policy approved by its board that clearly outlines the risks the fund is willing to accept and the types of investment vehicles it will utilize.
Lawyer up. For all big transactions, consult a lawyer. IRS rules are complicated, and every situation is different. Having a lawyer look for potential problems is a must.
Paper trail. Carefully consider whether you want to donate to a group that hasn’t filed a 990 in several consecutive years. While missing the required IRS paperwork can happen, be cautious if a donor-advised fund skips multiple years.
Tracking crypto. Many nonprofits are enhancing their staff’s knowledge to determine whether potential crypto partners are legitimate. To prevent internal fraud and external attacks, grantees need to be skilled in evaluating a fund’s digital credentials.
Do research. Due diligence isn’t just about googling the organization and reviewing their financials. If you’re considering supporting a specific charity or cause, you can also contact that charity directly to ask if they’ve worked with the DAF in question.
Get a complete overview. When dealing with crypto investments, see how transparent the funds are beyond what is required in the IRS 990 form. You should know where your assets are held, what their current value is, and how they are liquidated.
More here. |