Advisors find creative ways to boost charitable giving.
Few things say "philanthropy" quite like an
automobile lease. An obvious exaggeration, of course, but an auto lease
arrangement on a Mercedes enabled financial advisor Sidney Blum to
broker a three-way deal that helped a client make a contribution to his
favorite charity. Blum's willingness to dig deep into a complicated
situation is one of several examples of advisors who add a new twist to
charitable giving.
Americans are a generous lot. Charitable giving hit a new record last
year at an estimated $295 billion, according to the Center on
Philanthropy at Indiana University. That's a 4.2% increase over the
amount given in 2005, and 6.6% more if excluding extraordinary disaster
relief giving for Hurricanes Katrina and Rita.
Such vehicles as donor-advised funds, private
foundations and charitable remainder trusts are commonly used by many
financial advisors to help clients achieve their charitable goals. But
sometimes unconventional steps can also play a philanthropic role.
In Blum's case, his vehicle of choice was actually a
vehicle. One of his clients owned his own consulting business and was
leasing a car provided to him by one of his business clients as part of
the compensation package for his consulting work. At the end of the
lease, the consultant's client wanted to give him the car, but that
would have counted as compensation and boosted the amount of taxes owed
by the consultant.
Blum's client wanted the car but didn't want to take
the tax hit. The man is charitably minded and had created a foundation
to raise education money for minorities, but he couldn't take the car
and donate it to charity because his corporation had already exceeded
its annual maximum gifting contribution limit. "My idea was to have the
client who was leasing the car to my client just gift the car to my
client's charitable foundation," says Blum, founder of GreenLight Fee
Only Advisors in Evanston, Ill. "Then my client could continue to use
the car by leasing it from the foundation."
Blum worked with a tax attorney to make sure the
arrangement passed muster. For starters, they didn't want the client's
lease payments to his education foundation to qualify as unrelated
business taxable income (UBTI). Charitable organizations are limited in
the types of activities they can do, and contributions classified as
UBTI can result in a not-so-charitable tax hit. Blum's research
indicated that the proposed leasing arrangement was considered an
isolated case that wouldn't trigger taxable income for his client's
foundation.
They calculated the fair-market value of a
three-year lease for the Mercedes at $875 a month, or $10,500 a year.
"The charity gets money from the lease it wouldn't get otherwise," says
Blum. "The company that donated the car to the charity gets a
charitable deduction, and my client has use of the car for business
purposes. Everybody wins."
Share The Wealth
The partners at the advisory firm Greenbaum and
Orecchio in Old Tappan, N.J., began a program called Shared Rewards
that acknowledges clients who make referrals that result in business by
donating $500 to the referring clients' charity of choice. After a
referral becomes a client, they'll call the person who referred them.
"For confidentiality reasons, we can't say specific names," says Tom
Orecchio, "but we tell them that someone they referred to us has become
a client and we'd like to make a donation to their charity of choice as
a way to say thanks."
The existing clients don't always have a specific
charity in mind, so they might suggest something like the Red Cross.
But others have definite choices, which Greenbaum and Orecchio vet to
make sure they have 501(c)(3) status.
In one case, Orecchio says, the Shared Rewards
donation started a stronger relationship between a client and a
charity, where the client got more involved and participated in some of
the charity's fundraising events. To date, the firm has donated $10,000
through its Shared Rewards programs.
Hands-On Experience
Children-related causes were the focus of a one-day
event in July sponsored by Evensky & Katz to engageĀ teens and
young adults in the philanthropic process by bringing them together to
review and evaluate various charities, and then letting them decide how
much money to donate to each cause. "We wanted to put together
something to help our clients work with their kids or grandkids in
different areas of financial planning," says Matt McGrath, senior vice
president of the firm, in Coral Gables, Fla.
The firm and the Coral Gables Community Foundation
put $2,500 apiece into a fund to be doled out to eight charities that
submitted requests for various needs to the community foundation. Most
of the charities were local and dealt with child-related programs such
as foster home care, aiding physically challenged children and
supplying food and shelter to children in other countries.
Evensky & Katz sent out invitations through
various channels looking for young people willing to participate in the
event, which followed a similar program they sponsored last year. Many,
but not all, of the respondents were children or grandchildren of
clients.
A dozen young people ages 16 through 22 gathered at
a local Hyatt Regency hotel and broke out into groups of three to
review the requests from the organizations. The groups presented two
requests each, and the participants decided among themselves how to
allocate the money among the various charities, all of which were
guaranteed to get at least a minimum amount. "We wanted to give them a
mental framework for giving and what factors to consider in that
process," says McGrath. "It wasn't meant to be overly deep. It was more
of a hands-on, two-and-a-half hour experience to get them exposed to
how the process works."
McGrath says the first two events have gone well and
the firm wants to continue doing something along those lines, and maybe
take it to a deeper level. "It was a Friday afternoon in summer," he
says, "and we were impressed we got 12 people."
Generous Provision
Check writing is the easiest way to make charitable
donations, but this after-tax gifting method is often the least
cost-effective from a tax standpoint. Savvy advisors are plugging into
a little-known provision of the Pension Protection Act of 2006 that
allows individual retirement account holders who are at least 701?2
years old to donate up to $100,000 to a nonprofit directly from their
IRA without paying any taxes on the distribution. The donations count
toward minimum required distributions.
"It's kind of tucked away in the bill," says Rusty
Cagle, president of ASE Wealth Advisors in Greenville, S.C. "You have
to educate the custodian so they know to make it directly to the
nonprofit because the individual can't take possession."
Cagle gives an example of a 73-year-old woman who
donates $10,000 a year to her church. Her tax bracket is 40%, and the
IRA that she taps into to pay for her donation is valued at $100,000.
Accounting for the 40% tax bite, she needs to withdraw $16,675 to have
enough money to make her $10,000 donation.
By using the special tax provision known as
170(b)(1)(A), the woman can boost her donation by taking out $16,675
tax-free from her IRA and giving the entire amount to her church. But
this provision is set to expire at the end of the year unless it's
extended, so advisors planning to use this strategy better move fast.