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Receiving Tickets and Using Your Donor Advised Fund



Accepting and using tickets and other tangible benefits of more than minimal value raises questions.
Here is what the general Tax Code rules say is acceptable.

Tickets are Tangible Economic Benefits.
Whether they are tickets to a benefit dinner, a performance or for general admission to a facility, tickets have economic value, generally the fair market value of the goods and services provided. For public charities such as the Community Foundation, the tangible economic value of tickets means that it is important to monitor distributions from donor advised funds. To the extent that a donor advisor might receive tickets as a result of a distribution from a fund at the Community Foundation, the Community Foundation could be viewed as providing benefits to private individuals. To the IRS, a pattern of this sort of activity might suggest that the Community Foundation is not operating exclusively for charitable purposes as required to retain its tax exemption.

There is no problem with individuals making direct gifts to charities and receiving tangible benefits in return, the problem is when the Community Foundation’s funds are used to gain these goods and services for the donor.

Dividing Ticket Value into A Charitable and A Non-charitable Component Does not
Work

For the purposes of the self-dealing rule, the IRS has taken the position that is not possible to separate the price of a ticket into its charitable and non-charitable components. For public charities such as community foundations, the idea that charitable and non-charitable components of the ticket are inseparable suggests that the donor advisor cannot correct the private benefit problem posed when fund distributions pay for tickets by offering to pick up the non-charitable portion of the tab.

Tickets May Be Refused or Otherwise Disposed of.
The IRS has provided rules for how grant makers wishing to avoid the issues potentially raised by tickets may refuse them (see Rev.Rul. 67-246, 1967-2 C.B.104). Options include indicating on a contribution form that no tickets are to be sent or refusing to accept the tickets if they are sent. Revenue Ruling 67-246 emphasizes that simply not using the tickets does not constitute a refusal. As long as the taxpayer still has the tickets, he or she has the right to attend the event and that right has economic value. The IRS holds that a taxpayer who donates the tickets back to the charity for resale is entitled to a charitable deduction equal to the cost of the ticket. (see Rev. Rul. 74-348, 1974-2 C.B.80)

In light of the above IRS tax laws, the Board of Trustees of the Community Foundation cannot approve grants requests when the donor-advisor receives tickets for dinners or performances. These restrictions extend to the donor(s), fund advisors and related parties. The Trustees will  consider such grant requests when the grant recommendation form specifically states that the donor advisor refuses to accept the tickets, or donates the tickets back to the organization for their use.


 

 

 

 

 

Receiving Tickets and Using Your Fund
 
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