Happy National Tailgating Day! As we fire up the grill and hang up the pendants in prep for some college football, I figured today was the perfect day to explain where college sports ticket rights fall under the tax code. Why? Because the Tax Cuts and Jobs Act (TCJA), passed in 2017, made some major changes to the deduction for charitable contributions.
A Bit of History
Before the tax code overhaul, donations made to nonprofit universities and colleges in exchange for the direct or indirect right to purchase seats at athletic events were 80% deductible as a charitable contribution on itemized taxes. Since the late 1980s (under the Technical Corrections Act of 1988), colleges used this tax code provision to incentivize donors’ gifts and modeled the practice after seat licenses in pro sports. However, this was a costly provision; this tax break was apparently costing the U.S. Treasury at least $100 million a year (at the time of estimation in 2012), and possibly as much as $1 billion, according to Bloomberg.
In the post-TCJA world, this deduction is now repealed. So, what do you need to know? If you make a donation to a university in exchange for a receipt that gives you the ability to purchase certain seats (think the 50-yard line at Kinnick Stadium!), this charitable gift is no longer tax-deductible at the 80% rate on your federal income taxes. Of course, you can still elect to make valuable, qualified charitable donations to your alma mater or another favorite higher education institution, but college sports fans can’t claim a tax break specifically made to secure college sports season tickets.
However, Iowa sports fans cans still cheer, because Iowa did not parallel the federal repeal. Individuals can still deduct 80% of a qualifying contribution for those Cyclone, Panther, Bulldog, or Hawkeye seats to the extent it does not exceed the individual’s applicable adjusted gross incomededuction limitation on state income taxes. Keep in mind, of course, you will need to itemize to claim the deduction.
Still have questions about how to maximize contributions to your favorite college or university (for athletic seats or otherwise)? We can work out a plan so that you can meet your charitable giving goals in a tax-wise manner. I offer a free, no-obligation consult, so don’t hesitate to contact me.
https://www.gordonfischerlawfirm.com/wp-content/uploads/2019/03/Screen-Shot-2019-09-08-at-11.51.19-AM.png6761038Gordon Fischerhttps://www.gordonfischerlawfirm.com/wp-content/uploads/2017/05/GFLF-logo-300x141.pngGordon Fischer2019-09-07 18:59:372020-05-18 11:28:46Tax Talk: Deductibility of College Sports Ticket Rights
Before I explain the concept of “heirs at law,” you might be thinking, why even bring this up? Of what relevance is this “Ye Olde Sounding Phraise” in today’s modern world?
It’s important for me to share the concept of “heirs at law” with you, dear GoFisch blog Reader, for three reasons.
It helps explain why I, and other estate planners, ask so many darn questions. We need lots of info.
The concept of “heirs at law” shows that you need to be open and honest and forthcoming with me, or any estate planner. Without complete transparency and truth, the estate plan runs the risk of being useless (the idea of “garbage in, garbage out” applies here).
“Heirs at law” is yet another reason that a DIY will, or using an online service to produce your will, is just a terrible idea. You need an estate plan crafted by a trusted professional, unique to your special needs. Every family is different, so there can be no “one-size-fits-all” estate plan, and there are many moving parts to a comprehensive estate plan.
With that established, what does the term “heirs at law” actually mean?
Heirs at law are those folks who would inherit your property in the event you died without a will, which is called intestacy.1 It is critically important to determine who the heirs at law are, even for people not subject to the laws of intestacy (i.e., folks who have a will) for two big reasons.
Heirs at law must be notified of the probate process.
As I already stated, it’s a wise idea to work with your estate planner and provide all the information requested. As a practical matter, the extent of information you’ll need to provide your estate planner regarding heirs at law depends of the nature of your family and relatives. For instance, in the case of two people, married only to each other, with children only from that one marriage—then the spouse and children (and perhaps grandchildren) will be the obvious heirs at law.
In another example, a family could also constitute a remarriage with each spouse having children from previous relationships. In this case, the stepchildren would need to be adopted by the applicable stepparent to be considered an heir at law.
In other situations, the client relatives may be much more distant, requiring more fact investigation. For example, take the case of a client who is unmarried and without children. In such a situation, the estate planner will need to pay close attention to identifying other relatives.
Of course, with an estate plan you can bequeath your estate to whomever you choose. You don’t have to give anything to any of your obvious or non-obvious heirs at law or any other relative for that matter. (In colloquial terms we could call this “stiffing your relatives.”) Although with that said, you cannot choose to disinherit a spouse.
This point reiterates why the estate planner should know and have updated contact information of who are the heirs at law. Again, it’s required that heirs at law be notified of probate process and these heirs (unlike a non-relative work colleague or neighbor) also have the legal standing to contest the will in court.
Another reason the estate planner must have knowledge of the heirs at law is to ward off fraudulent claims if need be. This reason is particularly important if the heirs at law are distant relatives. (An unfortunate real-world example of this involves Prince and the complicated intestate process following the singer’s passing without an estate plan.)
Bottom line: heirs at law are important when it comes to the distribution of your estate (with or without a will). Of course, dying intestate is NOT optimal and you DO need a will for a number of important reasons. I’d love to discuss the topic over the phone (515-371-6077) or via email. Don’t hesitate to contact me at any time!
[1] Bonus word! If an Iowan dies without a valid will, they die “intestate” and the laws of “intestate” succession are used to determine who will inherit the estate.
https://www.gordonfischerlawfirm.com/wp-content/uploads/2017/10/kevin-delvecchio-273275.jpg38395758Gordon Fischerhttps://www.gordonfischerlawfirm.com/wp-content/uploads/2017/05/GFLF-logo-300x141.pngGordon Fischer2019-09-03 17:48:132020-05-18 11:28:46Legal Phrase of the Day: “Heirs at Law”
All nonprofits can benefit from smart and targeted outreach to donors and potential donors. This is especially true when donors are increasingly demanding more options when giving. Long gone are the days when nonprofits can simply ask donors to write a check. Rather, current and potential donors want a wide menu of choices when it comes to charitable giving—choices that give them flexibility in the type of gift, in the timing of the gift, in the tool or vehicle that maximizes their tax benefits, and in how to make their support meaningful both to themselves and to the nonprofit.
There are three methods I’ve found that work well for nonprofits to communicate the many ways donors and potential donors can maximize their charitable giving. The communication methods include (1) newsletters; (2) in-person seminars; and (3) website content. Sure, this may seem obvious, but all of these tactics should be well done for the greatest impact. I am happy to advise and assist nonprofits in developing and implementing off of these methods to create an effective and sustainable program for outreach, information, and advocacy.
Nonprofits interested in using newsletters to communicate with donors should start with an up-to-date email list. Next, divide the list into three groups: (1) donors/potential donors; (2) nonprofits and nonprofit personnel; and (3) professional advisors (accountants, financial advisors, insurance agents, and lawyers…anyone who may recommend or advise your nonprofit). Each group would receive its own newsletter tailored according to its connection to the nonprofit, its interests, and the relationship you want to build with it. Generally speaking, sending newsletters one a month is a good balance. More often than this and you become email clutter, less than this and you’re not keeping the nonprofit top of supporters’ minds.
Donors
The newsletter sent to current and potential donors could focus on a specific topic such as the types of and flexibility of gifts the nonprofit accepts; explanation and use of the Endow Iowa tax credit; and giving through estate planning.
Monthly seminars on charitable giving are a great way to familiarize current and potential donors about what the nonprofit does and to inform them about the many ways their support can be crafted to fit their financial situation, needs, and interests. Holding seminars at the nonprofit’s offices, rather than at a soulless hotel meeting room or corporate campus, has a number of benefits. Visitors can see where the hard work gets accomplished; they can meet staff and volunteers; and overall, they will develop a closer emotional connection to the organization.
Seminars would be customized to the nonprofit’s unique needs and its targeted audience. I have given many nonprofit-focused seminars over the years and am happy to work together to develop the perfect presentation. There are few topics in the area of nonprofits, estate planning, and charitable giving that I do not feel completely comfortable speaking on.
All presentations I give include an engaging visual presentation, handouts, and plenty of time for questions and discussion. I also send slides used in the session to attendees following the training.
In terms of promotion, it’s best to announce the seminar program well in advance, schedule seminars at the same time every month, and hold them at the same location (e.g., the third Thursday of every month, at 8 a.m., at the Nonprofit Offices).
There are three topics I recommend every nonprofit website have no matter its size or mission:
charitable giving through estate planning
tools and techniques for charitable gifting
professional advisors
These topics should each have their own webpages.
The “charitable gifting through estate planning” webpage should describe what an estate plan is; how charitable giving happens through an estate plan; the benefits of trusts; and ways to use the beneficiary designations. The page can provide the official and full name of the nonprofit; address; and federal tax ID number. Also, providing sample bequest language can be incredibly helpful to both donors and professional advisors in starting to organize and think through a bequest.
The page for professional advisors ideally has a two-fold purpose. First, it is to demonstrate the nonprofit wants to work with professional advisors; that the nonprofit should be seen as another “tool in the toolbox” for professional advisors. Specific examples of ways the nonprofit have previously worked with professional advisors should be provided. Second, it could provide a deep-dive into the charitable gifting tools and techniques discussed earlier: really provide the gritty details, so it’s a valuable resource for professional advisors, complete with case studies.
Before tackling these marketing ideas, nonprofits should put first things first, and be in optimal compliance with proper, well-drafted, and up-to-date policies and procedures. These should include the 10 major policies and procedures that support the best possible IRS Form 990 practices (such as public disclosure, gift acceptance, and whistleblowing). Nonprofits should also have documents in place covering the topics of employment, grantors and grantees, and endowment management. Further, nonprofits should provide regular training for boards of directors.
Please do not hesitate to contact me via email (gordon@gordonfischerlawfirm.com) or on my cell phone (515-371-6077). I’d be happy to discuss prospective nonprofit marketing strategies through newsletters, seminars, and website content, with you at your convenience.
Tax Talk: Deductibility of College Sports Ticket Rights
Taxes & FinanceHappy National Tailgating Day! As we fire up the grill and hang up the pendants in prep for some college football, I figured today was the perfect day to explain where college sports ticket rights fall under the tax code. Why? Because the Tax Cuts and Jobs Act (TCJA), passed in 2017, made some major changes to the deduction for charitable contributions.
A Bit of History
Before the tax code overhaul, donations made to nonprofit universities and colleges in exchange for the direct or indirect right to purchase seats at athletic events were 80% deductible as a charitable contribution on itemized taxes. Since the late 1980s (under the Technical Corrections Act of 1988), colleges used this tax code provision to incentivize donors’ gifts and modeled the practice after seat licenses in pro sports. However, this was a costly provision; this tax break was apparently costing the U.S. Treasury at least $100 million a year (at the time of estimation in 2012), and possibly as much as $1 billion, according to Bloomberg.
Federal Tax Change: Deduction Repealed
In the post-TCJA world, this deduction is now repealed. So, what do you need to know? If you make a donation to a university in exchange for a receipt that gives you the ability to purchase certain seats (think the 50-yard line at Kinnick Stadium!), this charitable gift is no longer tax-deductible at the 80% rate on your federal income taxes. Of course, you can still elect to make valuable, qualified charitable donations to your alma mater or another favorite higher education institution, but college sports fans can’t claim a tax break specifically made to secure college sports season tickets.
State of Iowa Taxes: Deduction Remains
However, Iowa sports fans cans still cheer, because Iowa did not parallel the federal repeal. Individuals can still deduct 80% of a qualifying contribution for those Cyclone, Panther, Bulldog, or Hawkeye seats to the extent it does not exceed the individual’s applicable adjusted gross income deduction limitation on state income taxes. Keep in mind, of course, you will need to itemize to claim the deduction.
Still have questions about how to maximize contributions to your favorite college or university (for athletic seats or otherwise)? We can work out a plan so that you can meet your charitable giving goals in a tax-wise manner. I offer a free, no-obligation consult, so don’t hesitate to contact me.
Legal Phrase of the Day: “Heirs at Law”
Estates & Estate Planning, Legal Word of the Day, Wills, Wills, Trusts & EstatesBefore I explain the concept of “heirs at law,” you might be thinking, why even bring this up? Of what relevance is this “Ye Olde Sounding Phraise” in today’s modern world?
It’s important for me to share the concept of “heirs at law” with you, dear GoFisch blog Reader, for three reasons.
With that established, what does the term “heirs at law” actually mean?
Heirs at law are those folks who would inherit your property in the event you died without a will, which is called intestacy.1 It is critically important to determine who the heirs at law are, even for people not subject to the laws of intestacy (i.e., folks who have a will) for two big reasons.
All in the (sometimes complicated) family
As I already stated, it’s a wise idea to work with your estate planner and provide all the information requested. As a practical matter, the extent of information you’ll need to provide your estate planner regarding heirs at law depends of the nature of your family and relatives. For instance, in the case of two people, married only to each other, with children only from that one marriage—then the spouse and children (and perhaps grandchildren) will be the obvious heirs at law.
In another example, a family could also constitute a remarriage with each spouse having children from previous relationships. In this case, the stepchildren would need to be adopted by the applicable stepparent to be considered an heir at law.
In other situations, the client relatives may be much more distant, requiring more fact investigation. For example, take the case of a client who is unmarried and without children. In such a situation, the estate planner will need to pay close attention to identifying other relatives.
Of course, with an estate plan you can bequeath your estate to whomever you choose. You don’t have to give anything to any of your obvious or non-obvious heirs at law or any other relative for that matter. (In colloquial terms we could call this “stiffing your relatives.”) Although with that said, you cannot choose to disinherit a spouse.
This point reiterates why the estate planner should know and have updated contact information of who are the heirs at law. Again, it’s required that heirs at law be notified of probate process and these heirs (unlike a non-relative work colleague or neighbor) also have the legal standing to contest the will in court.
Another reason the estate planner must have knowledge of the heirs at law is to ward off fraudulent claims if need be. This reason is particularly important if the heirs at law are distant relatives. (An unfortunate real-world example of this involves Prince and the complicated intestate process following the singer’s passing without an estate plan.)
Bottom line: heirs at law are important when it comes to the distribution of your estate (with or without a will). Of course, dying intestate is NOT optimal and you DO need a will for a number of important reasons. I’d love to discuss the topic over the phone (515-371-6077) or via email. Don’t hesitate to contact me at any time!
[1] Bonus word! If an Iowan dies without a valid will, they die “intestate” and the laws of “intestate” succession are used to determine who will inherit the estate.
Smart Marketing: Nonprofit Newsletters, Seminars & Website
NonprofitsAll nonprofits can benefit from smart and targeted outreach to donors and potential donors. This is especially true when donors are increasingly demanding more options when giving. Long gone are the days when nonprofits can simply ask donors to write a check. Rather, current and potential donors want a wide menu of choices when it comes to charitable giving—choices that give them flexibility in the type of gift, in the timing of the gift, in the tool or vehicle that maximizes their tax benefits, and in how to make their support meaningful both to themselves and to the nonprofit.
There are three methods I’ve found that work well for nonprofits to communicate the many ways donors and potential donors can maximize their charitable giving. The communication methods include (1) newsletters; (2) in-person seminars; and (3) website content. Sure, this may seem obvious, but all of these tactics should be well done for the greatest impact. I am happy to advise and assist nonprofits in developing and implementing off of these methods to create an effective and sustainable program for outreach, information, and advocacy.
Newsletters
Nonprofits interested in using newsletters to communicate with donors should start with an up-to-date email list. Next, divide the list into three groups: (1) donors/potential donors; (2) nonprofits and nonprofit personnel; and (3) professional advisors (accountants, financial advisors, insurance agents, and lawyers…anyone who may recommend or advise your nonprofit). Each group would receive its own newsletter tailored according to its connection to the nonprofit, its interests, and the relationship you want to build with it. Generally speaking, sending newsletters one a month is a good balance. More often than this and you become email clutter, less than this and you’re not keeping the nonprofit top of supporters’ minds.
Donors
The newsletter sent to current and potential donors could focus on a specific topic such as the types of and flexibility of gifts the nonprofit accepts; explanation and use of the Endow Iowa tax credit; and giving through estate planning.
Nonprofits
The newsletter sent to nonprofits and related personnel could focus on compliance controls and internal policies, such as:
Professional advisors
The newsletter sent to professional advisors could take deep dives into complex charitable gifting tools such as different charitable remainder trusts (CRATs, CRUTs, NIM-CRUTS, FLIP-CRUTS, etc.), donor-advised funds, and IRA charitable rollover. Illustrating these tools with real-life case studies (with details changed to preserve privacy) will help professional advisors learn how to recognize philanthropic opportunities when presented by their clients.
Seminars
Monthly seminars on charitable giving are a great way to familiarize current and potential donors about what the nonprofit does and to inform them about the many ways their support can be crafted to fit their financial situation, needs, and interests. Holding seminars at the nonprofit’s offices, rather than at a soulless hotel meeting room or corporate campus, has a number of benefits. Visitors can see where the hard work gets accomplished; they can meet staff and volunteers; and overall, they will develop a closer emotional connection to the organization.
Seminars would be customized to the nonprofit’s unique needs and its targeted audience. I have given many nonprofit-focused seminars over the years and am happy to work together to develop the perfect presentation. There are few topics in the area of nonprofits, estate planning, and charitable giving that I do not feel completely comfortable speaking on.
All presentations I give include an engaging visual presentation, handouts, and plenty of time for questions and discussion. I also send slides used in the session to attendees following the training.
In terms of promotion, it’s best to announce the seminar program well in advance, schedule seminars at the same time every month, and hold them at the same location (e.g., the third Thursday of every month, at 8 a.m., at the Nonprofit Offices).
Website Content
There are three topics I recommend every nonprofit website have no matter its size or mission:
These topics should each have their own webpages.
The “charitable gifting through estate planning” webpage should describe what an estate plan is; how charitable giving happens through an estate plan; the benefits of trusts; and ways to use the beneficiary designations. The page can provide the official and full name of the nonprofit; address; and federal tax ID number. Also, providing sample bequest language can be incredibly helpful to both donors and professional advisors in starting to organize and think through a bequest.
“Tools and techniques for charitable gifting” should describe options aside from checks and credit cards. Short, concise paragraphs should highlight gifting retirement benefit plans; real estate; gifts of grain; charitable remainder trusts; and charitable gift annuities, among others.
The page for professional advisors ideally has a two-fold purpose. First, it is to demonstrate the nonprofit wants to work with professional advisors; that the nonprofit should be seen as another “tool in the toolbox” for professional advisors. Specific examples of ways the nonprofit have previously worked with professional advisors should be provided. Second, it could provide a deep-dive into the charitable gifting tools and techniques discussed earlier: really provide the gritty details, so it’s a valuable resource for professional advisors, complete with case studies.
Cautionary Note: Policies & Procedures
Before tackling these marketing ideas, nonprofits should put first things first, and be in optimal compliance with proper, well-drafted, and up-to-date policies and procedures. These should include the 10 major policies and procedures that support the best possible IRS Form 990 practices (such as public disclosure, gift acceptance, and whistleblowing). Nonprofits should also have documents in place covering the topics of employment, grantors and grantees, and endowment management. Further, nonprofits should provide regular training for boards of directors.
Please do not hesitate to contact me via email (gordon@gordonfischerlawfirm.com) or on my cell phone (515-371-6077). I’d be happy to discuss prospective nonprofit marketing strategies through newsletters, seminars, and website content, with you at your convenience.