19 April 2024

Donor-Advised Funds

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The bull market, booming mergers and acquisitions, and possible changes to the tax laws all signal that it is a good time to open a charitable-gift fund—or add to one that already exists. Also called donor-advised funds, the accounts offer charitably-minded investors an easy, low-cost and tax-favored way to manage their giving—and even to maximize it.

Charitable-gift funds enable investors to earmark funds for gifts and get an immediate tax deduction, while allowing them to postpone making decisions about specific recipients. Meanwhile, the money is invested and grows tax-free until it's disbursed.

While other charitable vehicles have waxed and waned, charitable-gift funds have grown in popularity ever since Fidelity Investments Chairman Edward C. "Ned" Johnson III recast an old charitable arrangement in the early 1990s. The move enabled investors whose donations range from several thousand to several hundred thousand dollars a year to reap many of the benefits of a private foundation without their high costs and hassles.

Now, more than 200,000 donors have accounts with more than 1,000 sponsors of charitable-gift funds.  For people who are charitably inclined, the advantages of donor-advised funds boil down to their ease of use, especially in capturing tax benefits.

Here's how they work: A person opens an account with a fund sponsor and makes an irrevocable gift of an asset, which can range from cash to stock to a "complex" asset such as shares of a private business or an ownership interest in a racehorse. Because the donor can't get the asset back, he gets an immediate tax deduction for the gift.

The cash or proceeds from an asset's sale go into the donor's account, where the money is invested as he directs. There it grows tax-free until the donor "recommends" one or more tax-exempt charities to receive grants of specified amounts, there isn't any additional tax deduction, even if the account has grown in value. The ability to postpone decisions about specific gifts enables many donors to concentrate on boosting the value of their gifts with smart tax planning.

Many donors to charitable funds are already aware of the tax benefit of giving appreciated assets. In addition, people with these funds dispense with onerous paperwork, because the sponsor is responsible for getting proper acknowledgment from charities for specific grants. This is a good feature for people who tend to lose their letters from charities before tax-filing time, say experts.

If you are thinking of opening or adding to a donor-advised fund, here are other points to consider.

Consider donating before tax laws change. Tax changes are difficult to handicap, and charities are formidable advocates. But some proposals in play would curtail charitable deductions—increasing the incentives to make donations under current law. The Obama administration has several times proposed limiting the value of charitable write-offs for upper-bracket taxpayers.

The sweeping reforms proposed by outgoing House Ways & Means Committee Chairman Dave Camp would lower the value of charitable write-offs, or deny them, for millions of taxpayers. The plan would also allow full deductions for appreciated assets only if they are publicly traded securities, so it could make sense give other types of assets before a change.

Conversely, a different provision in Rep. Camp's plan would require assets in donor-advised funds to be distributed within five years of their contribution, though so far it has attracted little support.

Know the different types of sponsors. The sponsor is the umbrella group holding the donor-advised funds, and there are distinct types. Investors looking for a charitable-gift fund need to determine which type best suits their needs.

Among the oldest are "community" trusts or foundations, which focus on a geographic area such as a city or region. Often they work closely with local nonprofits and offer extensive hand-holding and advice to donors who want to give locally.

The fastest-growing providers are the charitable funds affiliated with financial firms such as Vanguard Group, Fidelity, Charles Schwab and T. Rowe Price Group. Typically they impose fewer restrictions on donors and may offer lower fees, but donors often have to do more of their own research.

Keep an eye on account minimums, fees and other terms. They vary widely. For purposes of comparison, the minimum to open an account is $5,000 at Fidelity and Schwab, $10,000 at T. Rowe Price and $25,000 at Vanguard.

Annual fees typically include a basic administrative fee of about 0.6% of assets, plus an investment fee that can range from 0.1% for index funds to many times that. As with other investments, fees often decrease as account size increases; a common breakpoint is $500,000.

Also determine the maximum number of grants to charities allowed each year and the minimum for grants to specific charities and consider what assets the sponsor can accept as donations. In addition, find out whether the account is "portable"—meaning it can be moved to another sponsor if the donor should want to. Several of the largest funds allow such moves, and they have made good on this promise.

Consider a private foundation. Although such vehicles can be burdensome and expensive to administer, they do allow donors to do things that charitable funds can't—such as hire family members, make grants to individuals (as opposed to charities) and have a greater say in investing the foundation's funds.

Understand the endgame. What happens to a donor-advised fund if the person who set it up dies or becomes unable to advise it? Some sponsors allow the original owner to name one or more people to make grants if the account holder is unable to, while others ask for remaining funds to revert to the sponsor's general charitable account for it to dispense. If you name a successor, be sure to communicate your wishes.

Click here to access the full article on The Wall Street Journal.

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