The community foundation submits sample gift acknowledgement letters for gifts of cash, non-cash property, and gifts to a donor advised fund.
Material Changes: A material change is any change that affects any of the above key elements. Changes in introductory language or other language that does not affect the above legal requirements will not be considered a material change.
For more information, review Core materials, FAQs and a glossary of important terms
Related Standards
III. Resource Development
III.B A community foundation's governing body has legal and fiduciary control over all contributions received.
VI. Donor Relations
VI.B A community foundation promptly and accurately acknowledges gifts.
Key Elements
- Letter acknowledging cash gift:
- The name of the community foundation
- Amount of cash received
- A statement that no goods or services were received in exchange for the gift (or) a description of goods/services provided and a good faith estimate of their value
- Language that does not contradict status of gifts as irrevocable and subject to board control
- Letter acknowledging non-cash gift:
- The name of the community foundation
- Description of non-cash property received
- A statement that no goods or services were received in exchange for the gift (or) a description of goods/services provided and a good faith estimate of their value
- Language that does not contradict status of gifts as irrevocable and subject to board control
- Letter acknowledging gifts to funds that are legally defined as donor advised funds (either cash or noncash), includes language stating that the community foundation has exclusive legal control over the contributed assets
Many foundations receive gifts of stock, immediately convert the stock into cash, and then state the amount of funds received as a result of the sale in their gift of stock letter. A letter that contains the following language will likely fail the standard: "Thank you for your gift of 100 shares of XYZ stock. The value of your charitable deduction is $10,000."
IRS rules require that acknowledgement letters for gifts of appreciated property, including stock, should describe the property but not state a value. However, if done correctly, the common practice of including valuation information such as the high, low, or average per share or the amount deposited into the donor's fund as a courtesy to the donor, will not cause your community foundation to fail this standard. The letter should give an adequate description of the property and be clear that any valuation information is being provided strictly as a convenience. If the letter includes valuation information, additional language encouraging the donor to seek advice from a tax advisor for the tax deductible amount of the gift is required.
Taking the insufficient example used above, one might include the following language in a gift of stock acknowledgment letter: "Thank you for your gift of 100 shares of XYZ stock. The stock was sold on November 1, 2008, with a day's trading high of $101.75 and a low of $99.50. The amount $9,750, after fees, was deposited into your fund account. This information is being provided as a courtesy and you should seek advice from your personal tax advisor for the tax deductible amount."
Under the Pension Protection Act, donors must obtain an acknowledgement of all gifts made to a donor advised fund. Community foundations should submit a sample gift acknowledgment letter for a gift to a donor advised fund that states that the community foundation has exclusive legal control over the contributed assets as required by law. Note that the community foundation sample acknowledgment letter for a gift of cash or non-cash property could also fulfill the requirement for a sample acknowledgment letter for a contribution to a donor advised fund.
In this instance the donor is receiving something of value in return for the gift. For example, at a fundraising dinner the donor pays $200 for a ticket to a dinner that is valued at $50. The community foundation must provide a value for what the donor is receiving in return for the ticket. If you hold fundraisers of this nature, you should provide a sample gift acknowledgment letter.
Review all key elements and consider if your organization has made changes to your policies, powers or practices.
Pay special attention to key elements and core materials marked with
and a
. These represent minimum requirements for reconfirmation as well as Pension Protection Act requirements. Items marked with a
are particularly critical for those who submitted record books prior to January 2007.
Document your compliance with each of these items as well as with all other key elements where support materials may have changed.