Planned Giving Opportunities Why Become a Foundation Donor | What to Give How to Give
The Foundation encourages
and supports community service and charity. We seek to
help individual donors and our affiliated agencies meet
their charitable goals by providing them with
flexibility in planning and implementing charitable
gifts. The Foundation seeks, accepts, manages and
distributes charitable legacies, bequests, trusts,
endowments and other philanthropic funds for the benefit
of our community. The Foundation is committed to the
highest ethical and professional standards of
fundraising, grantmaking and nonprofit management. The
Foundation's programs and activities are inspired by the
values of our Jewish heritage to provide for the welfare
of future generations through: Tzedakah (practicing
charity and justice); Tikun Olam (repairing the world);
and Gemilut Chasadim (performing acts of kindness and
compassion).
The
Foundation actively solicits and receives gifts from
individuals, corporations, public and private
foundations on behalf of the Foundation and our
affiliated agencies, organizations, schools and
synagogues. We accept gifts in a variety of forms and
administer multiple types of funds and gift vehicles for
charitable purposes. We are
proud of our ability to accommodate our donors'
philanthropic objectives with a variety of flexible,
tax-advantaged tools and options. Donors can provide
ongoing support to their favorite organizations, through
a variety of planned giving vehicles.
Philanthropic gifts are
income tax deductible, are excluded from a donor’s
estate for probate and estate tax purposes, and can
consist of a variety of assets including cash,
securities, real property, Israel Bonds, etc.
Appreciated securities and other appreciated property
held by a donor for at least one year may be donated
without payment of income tax on unrealized capital
gains. A donor is entitled to an income tax deduction in
the year of his/her gift for the portion of the gift
deemed charitable. If a donor cannot use all of the
deduction in the year of his/her gift, then he/she may
carry the deduction forward.
For
descriptions of the types of philanthropic funds, trusts
and
foundations offered at the Foundation, please click a
link below:
Unrestricted Funds
Unrestricted gifts provide
the community with the means to respond to emergencies
and provide for its future by promoting necessary,
creative and innovative solutions to present and future
needs.
A donor may make an
unrestricted gift in any amount to the Foundation’s
Community Endowment Fund. A donor may create an
unrestricted endowment fund with an initial gift of
$1000 or more.
[Return to top]
Donor-Advised Funds
A donor-advised or
philanthropic fund affords a donor maximum flexibility
in charitable gift planning. With an initial gift of
$1000 or more, a donor may create this fund in his/her
own name or in any name he/she selects.
A donor or donor-designated
fund advisor may recommend that grants of $100 or more
be made from his/her donor-advised fund to charities of
his/her choice which are permitted by law. Grants may be
recommended for annual gifts, capital campaign gifts,
endowments or other special interests (i.e., scholarship
programs, medical research, education, services to
children or the elderly). Grants may not be made to
political campaigns, lobbying organizations, private
foundations or to or on behalf of the donor, the
advisor, the donor's or advisor's family or any person
or entity related to the donor or advisor. A grant may
not directly or indirectly provide an economic benefit,
excluding any income tax saving that may result, to the
donor or advisor.
The Foundation processes
all gifts and grants in the strictest confidence and
provides all donors with quarterly financial statements
and annual summary reports detailing all fund activity.
In order to cover its administrative expenses, the
Foundation may request that a donor designate the
Foundation as beneficiary of all or part of the fund’s
annual earned income. The fund will be subject to a
minimum annual fee in the amount of $100 or 1% of the
total fund assets, whichever is greater.
[Return to top]
Donor-Restricted
Endowment Funds
A donor-restricted endowment
fund can be created to support one or more specific
programs, services or agencies benefiting: education or
cultural arts; services to children or the elderly;
academic scholarships; missions to Israel, etc. With an
initial gift of $1000 or more, a donor may create this
fund in his/her own name or in any name that he/she
selects. The Foundation will be obligated to apply fund
assets to the specific program, service or agency
designated by the donor.
[Return to top]
Field-of-Interest
Funds
A
field-of-interest endowment fund can be created to
support a field or class of charitable beneficiaries or
institutions. A donor may direct his/her gift to a
particular field or class benefiting: education or
cultural arts; services to children or the elderly;
academic scholarships; missions to Israel, etc. In
addition, a donor may direct his/her gift to a specific
neighborhood, city or other locale. With an initial gift
of $1000 or more, a donor may create this fund in
his/her own name or in any name that he/she selects. The
Foundation will have the discretion to determine the
recipient organizations, agencies or programs in the
field of interest and in the locale designated by the
donor.
[Return to top]
Endowment Funds in General
An
endowment fund can serve as a perpetual legacy to honor
or memorialize a loved one or an entire family.
Endowment funds may be designated to support the annual
United Jewish Appeal campaign or any charitable
agencies, programs or purposes permitted by law.
A
permanent or true endowment fund is permanently set
aside to generate income. Its principal will be
permanently invested, but its income may be distributed
annually. The donor may define income to be distributed
as dividends, interest, rents and/or realized or
unrealized capital gains. If a donor limits the use of
income to specific named programs, services or agencies,
then the endowment is considered restricted. If a donor
leaves spending discretion to the Foundation, then the
endowment is considered unrestricted. Endowments are
invested by the Foundation and consist of a pool of both
unrestricted and restricted funds.
A
term endowment is a gift in which the principal is
restricted for a specific period of time. For example, a
donor may create an endowment for ten years for a
particular purpose. At the end of those ten years, the
Foundation may use the principal or allocate it to a
quasi-endowment fund.
A
quasi-endowment fund is committed to long-term use
by Foundation Board of Trustees resolution. Such
Board-restricted funds may include unrestricted bequests
or planned gifts received by the Foundation, surplus
funds available at year-end (that are not needed for
operating reserves), or funds resulting from asset
sales. Because the donor did not restrict the funds,
the Foundation may use some or all of the principal.
The Foundation will establish procedures to govern
distribution of income and withdrawal of principal.
[Return to top]
Pooled Income Funds
A gift to the pooled income
fund will allow a donor to: (1) make a gift to the
Foundation and
(2) designate him/herself and a survivor to receive
annual payments equivalent to the income from that gift
in a fluctuating amount. Generally, a donor irrevocably
transfers assets to the Foundation, the Foundation
invests the assets and pays the investment income to the
donor and then, when the donor dies, the Foundation uses
the assets in furtherance of its mission.
The Foundation maintains one
pooled income fund with an investment objective of
income. An initial gift of $10,000 or more is
required. Life income beneficiaries must be at least 50
years of age and payments will be made to no more than
two life income beneficiaries. A pooled income fund is
generally beneficial for donors aged 50 - 70 who are
comfortable with a variable rate of return and donors of
all ages who want to make a gift of appreciated
securities (held by the donor for at least one year) in
order to avoid income tax on unrealized capital gains.
A donor must execute a One
or Two-Beneficiary Instrument of Transfer to the Pooled
Income Fund and will receive the Pooled Income Fund
Disclosure Statement. The effective date of the
agreement is the date that the Foundation receives the
asset(s).
Gifts will be added to the
fund on the monthly valuation date. The valuation of the
income payout will be determined quarterly. Payouts to
donors will be made during the month following each
quarterly valuation.
A pooled income fund is
unique in that each beneficiary’s income is affected by
the combined gifts to the fund. Therefore, gifts to the
pooled income fund must be in the form of cash or
publicly-traded securities that will immediately
generate income. Closely-held securities are not
accepted because of the difficulty in their valuation.
Current law does not permit gifts of tax-exempt
securities, real estate and depreciable assets.
[Return to top]
Charitable Gift
Annuities
A charitable gift annuity
will allow a donor to: (1) make a gift to the Foundation
and (2) designate one or two beneficiaries to receive
fixed annual payments equivalent to the income from that
gift for life. Generally, a donor irrevocably transfers
assets to the Foundation, the Foundation invests the
assets and pays the investment income to the donor and
then, when the donor dies, the Foundation uses the
assets in furtherance of its mission.
The Foundation offers three
types of charitable gift annuities: current, deferred
and flexible deferred. An initial gift of $10,000 or
more is required.
For a current gift annuity, the youngest annuitant must
be at least 50 years of age. For a deferred gift
annuity, the youngest annuitant must be at least 50
years of age when payments are to begin. A deferred gift
annuity can provide an heir with income for life and is
thus an attractive alternative to bequeathing a lump
sum. College gift annuities are also available.
The Foundation will pay the
rate established by the American Council on Gift
Annuities as adjusted by the Council from time to time.
The Foundation will: (1) invest all gifts received to
establish such annuities as part of the Foundation’s
endowment funds and (2) guarantee payments to
annuitants.
A donor must execute a One
or Two-Beneficiary Charitable Gift Annuity Agreement and
will receive the Charitable Gift Annuity Disclosure
Statement. The effective date of the agreement is the
date that the Foundation receives the asset(s). If
multiple securities are used to fund an annuity and they
are received on separate dates, then the Foundation will
establish separate gift annuities as of the date of the
receipt of each security and the payment periods will
begin accordingly. If cash is combined with a security
to fund an annuity and the cash is received within a
short period after receiving the security, then the
Foundation will establish one annuity and, for payment
purposes, the gift date will be the later of the receipt
of the security or cash.
If the gift is funded with
appreciated securities held by the donor for at least
one year, then the donor avoids that portion of the
capital gains tax that is attributable to the gift.
However, the capital gains that are attributable to the
annuity payment (and returned to the donor and/or
subsequent annuitant[s]) are pro-rated over the donor’s
life expectancy and taxable in each year that payments
are received. Depending on the nature of the asset that
funds the annuity, each payment will consist of some
combination of ordinary income, capital gains income and
non-taxable return of capital. When a married couple
establishes a gift annuity for themselves, there will be
no gift or estate tax liability.
NOTE: In order to pro-rate
the taxable portion of the capital gains over the
donor’s life expectancy, the annuity must be payable to
the donor or instead to the donor as first annuitant and
then as a survivor. If the donor establishes an annuity
for one or two annuitant(s), excluding him/herself, then
the donor must report the entire taxable portion of the
gain in the year of the gift. Deferred and flexible
deferred gift annuities may be subject to special rules
concerning taxation of income.
[Return to top]
Charitable
Remainder Trusts
A charitable remainder trust
will allow a donor to: (1) make a gift to the Foundation
and (2) designate him/herself and/or a survivor to
receive annual payments equivalent to the income from
that gift for up to twenty (20) years or the donor’s
lifetime. Generally, a donor irrevocably transfers
assets to the Foundation, the Foundation invests the
assets and pays the investment income to the donor and
then, when the donor dies, the Foundation uses the
assets in furtherance of its mission.
There are two (2) types of
charitable remainder trusts: annuity and
unitrust.
1. A charitable
remainder annuity trust provides the income
beneficiary/ies with annual payments of a fixed
amount. An annuity trust can only be funded once and
does not allow for adjustments to payments as a
consequence of market conditions.
2. A charitable remainder
unitrust provides the income beneficiary/ies with
annual payments of a fluctuating amount. This
payment is a percentage of the revalued annual market
value of the trust’s assets. In addition to the initial
funding, a unitrust allows for additional contributions.
To accommodate its ability to accept assets that are not
easily converted to cash, such as real estate, a
charitable remainder unitrust can take one of several
forms:
(a) A net income
charitable remainder unitrust provides the
income beneficiary/ies with an annual payment that is
the lesser of the trust’s net income or a percentage of
the market value of the trust’s assets. It is
appropriate for an individual
using assets that are difficult to liquidate or who does
not need substantial current income. Trust income is
usually defined as interest, dividends and rents.
However, the donor can also define capital gains as
trust income for distribution purposes. A net income
charitable remainder unitrust with make-up
maintains a make-up account if the net income is less
than the percentage of market value of trust assets in
any given year. Then, in subsequent years, if trust net
income is greater than the percentage of market value,
income can be paid out up to the total of the current
year’s percentage amount, plus any balance in the
make-up account. Thus, assets may be invested for
growth, deferring income payments until a later date
(i.e., retirement).
(b) A flip charitable
remainder unitrust is a net income trust that allows
a one time “flip” from a net income payout to a
percentage of the market value of the trust’s assets.
The flip can occur upon the sale of any of the trust’s
assets or any triggering date (i.e., a birthday) that,
once established, is not within the control of the
donor, beneficiary, trustee or any other person. A flip
unitrust works well when a trust is funded with real
estate or other non-marketable assets.
Every charitable remainder
trust has a donor, trustee, income beneficiary and
charitable remainderman. The donor can designate
him/herself and one or more individuals to be the income
beneficiary/ies for a fixed term of up to twenty (20)
years or an indefinite term based on the length of the
beneficiary’s/ies’ life/lives. The donor can either
serve as trustee or appoint a bank or trust department
to so serve. The trustee manages and invests the trust
assets, makes distributions and prepares tax returns and
other required filings. As remainderman, the Foundation
will use the gift for charitable purposes when the trust
terminates.
A donor avoids income tax on
unrealized capital gains when transferring appreciated
assets held for at least one (1) year to a charitable
remainder trust. Payments to income beneficiaries,
however, are taxable on a four-tier system (i.e.,
ordinary income, capital gains, tax-exempt income,
return of capital).
An income beneficiary of any
trust may choose to assign his/her trust income to the
Foundation. If that occurs, then that income beneficiary
will be considered a donor who is entitled to an income
tax deduction in the amount of the present value of the
future trust income payments.
Payments to income
beneficiaries must be at least 5% of the initial market
value of the assets (calculated differently for
different types of charitable remainder trusts), must
not exceed 50% of the initial market value of the
assets, must come exclusively from trust assets and must
not be guaranteed by the Foundation. Based on payout
rates, life expectancies of income beneficiaries and the
IRS discount rate that is effective at the time of the
gift, at least 10% of the principal must remain for the
Foundation at the end of the trust’s term. See Rev.
Ruling 77-374.
Charitable remainder trusts
generally provide larger deferred gifts to the
Foundation and more flexibility in planning gifts of
annuities or pooled income funds. However, charitable
remainder trusts are more complex administratively and
tax-wise.
[Return to top]
Charitable Lead Trusts
A charitable lead trust will
allow a donor to: (1) make a gift to the Foundation for
a limited term of years and (2) designate him/herself
and/or any non-charity beneficiary to receive the assets
at the end of that term. The annual payment to the
Foundation can be based on a fixed annuity amount
(Charitable Lead Annuity Trust) or a percentage
of the annual market value of the assets (Charitable
Lead Unitrust).
A charitable lead
trust can pay out less than 5% or more than 50% of the
market value of the trust’s assets and can pay out for a
fixed term in excess of twenty (20) years. (A charitable
remainder trust is different in that, among other
things, it can pay out for up to twenty [20] years or a
donor's lifetime.)
There are two (2) types of
charitable lead trusts: grantor and
non-grantor. The income, gift and tax consequences
of a non-grantor trust differ from those of a grantor
trust.
Grantor trusts usually
return the assets to the donor. The donor of a
Grantor Charitable Lead Trust is entitled to
a tax deduction in the year of the gift of the present
value of the future income payments to the charity.
Thereafter, the donor is taxed on the income produced by
the trust even if all of that income is paid to one or
more charities. Therefore, a grantor charitable lead
trust is beneficial only when a donor anticipates that
he/she is in a significantly higher tax bracket when
establishing the trust than he/she will be in future
years.
The donor of a
Non-Grantor Charitable Lead Trust is using
the trust to make a current gift to the Foundation and
to pass assets to heirs that he/she expects will
increase in value during the trust term. The grantor
does not receive an income tax deduction in the year of
the gift and is not taxed on the income produced by the
trust thereafter. Instead, the trust itself is taxed
annually and receives deductions for its payments to
charities. The taxable value of the donor’s gift to the
non-charity remainderman is reduced because: (1) the
remainderman will receive the gift in the future, (2)
the present value of the future payments to the charity
are considered and (3) all capital growth in the value
of the trust assets during the trust term pass tax-free
to the remainderman.
Charitable lead trusts
generally appeal to individuals with high net worths.
Charitable lead trusts can provide significant income to
the Foundation, can be structured in a variety of forms
during a donor’s lifetime or in a will and can have
positive income, gift and estate tax consequences.
[Return to top]
A donor may choose to create
a supporting foundation. A supporting foundation,
although affiliated with the Foundation for Jewish
Philanthropies, is a separate legal entity with its own
board of directors. It offers an opportunity for
inter-generational participation and is ideal for donors
who wish to oversee investment and grant-making
decisions. A major benefit of establishing a supporting
foundation, rather than a private foundation, is that a
supporting foundation enjoys the status and tax benefits
of a public charity because of its affiliation with the
Foundation for Jewish Philanthropies. Donors may convert
their private foundations to supporting foundations.
[Return to top]
There are many advantages to
transferring a private foundation to the Foundation for
Jewish Philanthropies as either a philanthropic fund or
a supporting foundation. Donors enjoy tax and other
benefits because of the Foundation’s status as a public
charity. For example, there are no minimum distribution
requirements, no excise taxes on earnings and
substantially lower administrative costs.
[Return to top]
Custodial Funds
The Foundation will
establish and administer custodial funds for the benefit
of its affiliated Jewish charities, including social
service agencies, organizations, schools and synagogues.
A custodial fund is created with the transfer of
charitable assets from an affiliate to the Foundation
which the Foundation accepts in a custodial capacity and
subject to a custodial fund agreement. Legal control of
the assets remains with the affiliate. The Foundation
provides consulting, fund development, investment, fund
management, accounting and reporting services.
To benefit one or more of
the Foundation’s affiliates, a donor may make a gift in
any amount to an affiliate’s custodial fund or create a
custodial fund individually or with others.
[Return to top]
|