Toolkit · Wills and Estates
The Charitable Giving and Philanthropic Planning Toolkit
26 U.S.C. § 408
- Type
- Toolkit
- Jurisdiction
- National
- Date
- 2024-09-18
- Topic
- Wills and Estates
This toolkit collects the working documents used to plan, execute, and administer charitable gifts. It contains a donor intake worksheet, an asset selection matrix, a vehicle comparison, a gift agreement outline with model restriction and modification language, a compliant acknowledgment template, a gift acceptance policy outline, an appraiser engagement checklist, a private foundation compliance calendar, a charitable remainder trust worksheet, and donor and charity letter templates. Each item is drafted to be adapted rather than used verbatim. Statutory references point to the controlling federal provisions. A related materials index maps each tool to the guides, articles, and checklists that explain it.
The Charitable Giving and Philanthropic Planning Toolkit
Wills and Estates > Charitable Giving and Philanthropy | Published 18 September 2024 - Updated 10 January 2026 | UpLaw - uplaw.us
Everything here is a starting point. Adapt to the donor, the asset, the charity, and the state.
Tool 1 — Donor Intake Worksheet
Identity and posture
- Donor name, age, state of residence, filing status
- Marital status and whether the spouse is a joint donor
- Adjusted gross income, current and projected three years
- Itemizing or taking the standard deduction
- Existing charitable carryforwards by category and year
- Existing philanthropic vehicles: donor-advised funds, foundations, trusts
Assets available
| Asset | Fair market value | Basis | Held since | Encumbrance | Sale pending? | Character |
|---|---|---|---|---|---|---|
Goals, ranked
- ☐ Deduction this year ☐ Income stream ☐ Family involvement ☐ Permanence
- ☐ Named recognition ☐ Anonymity ☐ Specific project ☐ Simplicity
Constraints
- Liquidity needs, dependents, business succession, health, expected inheritance to family
- Willingness to accept administrative burden (rate 1–5)
- Willingness to accept public disclosure (rate 1–5)
Red flags to screen at intake
- ☐ Binding sale agreement in place → assignment of income
- ☐ Property mortgaged → bargain sale and possible self-dealing
- ☐ Short-term holding period → deduction reduced to basis
- ☐ Self-created work or inventory → ordinary income property
- ☐ Cryptocurrency → qualified appraisal required
- ☐ Conservation easement being promoted to the donor → decline
Tool 2 — Asset Selection Matrix
| Asset | Deduct at | Appraisal | Gain avoided | Notes |
|---|---|---|---|---|
| Cash | amount | no | n/a | least efficient |
| Long-held public stock | fair market value | no | yes | the default best gift |
| Short-term stock | basis | no | n/a | wait for the holding period |
| Closely held stock | fair market value | yes | yes | no binding redemption at gift |
| S corporation stock | fair market value | yes | partly | unrelated business income to donee |
| LLC or partnership interest | fair market value | yes | yes | debt-financed income, capital calls |
| Real property | fair market value | yes | yes | environmental review first |
| Mortgaged real property | reduced | yes | partial | bargain sale |
| Art, related use | fair market value | yes | yes | donee must actually use it |
| Art, unrelated use | basis | yes | no | museum vs. hospital |
| Cryptocurrency | fair market value | yes | yes | no securities exception |
| Inventory | basis | varies | no | enhanced rules for some food |
| Self-created work | basis | varies | no | ordinary income property |
| Patent or copyright | basis initially | yes | no | later deductions from donee income |
| Life insurance | lesser of reserve or basis | varies | n/a | charity must own and benefit |
| Vehicle | gross proceeds | varies | n/a | unless significant use |
| Retirement account (testamentary) | full, no income tax | no | n/a | the best charitable bequest |
| Retirement account (lifetime QCD) | exclusion, not deduction | no | n/a | 26 U.S.C. § 408 |
Tool 3 — Vehicle Comparison
| Direct gift | Donor-advised fund | Private foundation | Remainder trust | Lead trust | |
|---|---|---|---|---|---|
| Setup cost | none | none to low | high | moderate–high | high |
| Annual cost | none | fee on assets | accounting, tax, legal | trustee, tax | trustee, tax |
| Deduction limit | highest | highest | lower | remainder value | varies |
| Appreciated property | fair market value | fair market value | basis (except qualified appreciated stock) | fair market value | fair market value |
| Control | none | advisory only | full | trustee | trustee |
| Privacy | high | high | none — public return | moderate | moderate |
| Payout required | n/a | none | ~5% (§ 4942) | 5–50% (§ 664) | per instrument |
| Grants to individuals | n/a | prohibited | with approved procedures (§ 4945) | n/a | n/a |
| Insider transactions | n/a | § 4967 | § 4941 | § 4947 | § 4947 |
| Excise tax on income | none | none | § 4940 | none | none |
| Best for | most donors | most families | large assets, program work | concentrated low-basis positions | low-rate transfer planning |
Decision rule. If the donor cannot articulate a reason a donor-advised fund fails, do not form a private foundation.
Tool 4 — Gift Agreement Outline
Sections, in order:
- Parties and recitals — donor, institution, the general purpose in one sentence
- The gift — amount or property described precisely; payment schedule if pledged
- Whether the pledge is binding — say so expressly, in either direction
- Purpose — stated at the right level of generality
- Endowment status — endowed or expendable; whether principal may be invaded
- Spending — reference to the institution's spending policy, not a fixed percentage
- Administrative fee — disclosed as a percentage and as a dollar illustration
- Impracticability — the clause below
- Modification procedure — board action with notice, coordinated with state law
- Naming — what is named, for how long, and what ends it
- Reporting — to whom, how often, containing what
- Enforcement standing — reserved or not, expressly
- Recognition and publicity — including the donor's right to remain anonymous
- Successors — merger, dissolution, transfer of the fund
- Signatures — including the officer with authority under the gift acceptance policy
Model impracticability clause.
If, in the reasonable judgment of the Institution's governing board, the Purpose stated above becomes unlawful, impracticable, impossible to achieve, or wasteful, the Institution may apply the Fund to a purpose as near as reasonably possible to the Donor's stated charitable intent, giving priority in the following order: (a) [first alternative]; (b) [second alternative]; (c) the general purposes of the [named school, department, or program]; and (d) the general purposes of the Institution. The Institution shall give the Donor, or the Donor's designated representative under Section [Reporting], written notice at least sixty days before any such application and shall consider in good faith any written response received.
Model naming clause.
The Fund shall be known as the [Name] Fund in perpetuity. If the Institution ceases to use the name, or if the named facility is demolished, materially renovated, or repurposed, the Institution shall confer with the Donor's representative regarding comparable recognition. The Institution may remove the name only upon a determination by its governing board, after written notice to the Donor's representative, that continued use would materially damage the Institution's reputation.
Model reporting clause.
On or before [date] of each year, the Institution shall deliver to the Donor's Representative a written report stating the Fund's market value, the amount appropriated for expenditure, the uses to which it was applied, and, where applicable, the names of recipients who have consented to disclosure.
Tool 5 — Compliant Acknowledgment Template
Charities: build the bracketed choice into the system so it cannot be omitted. Donors: read it the day it arrives.
[Charity Letterhead]
[Date]
Dear [Donor]:
Thank you for your contribution to [Charity], a nonprofit organization exempt from federal income tax under 26 U.S.C. § 501(c)(3). Our taxpayer identification number is [EIN].
Contribution received: [$ amount] received on [date] — or — Property received: [description of the property, without a statement of value] received on [date]
[CHOOSE ONE — REQUIRED]
☐ No goods or services were provided to you in consideration for this contribution.
☐ In consideration for this contribution you received the following goods or services: [description]. Our good faith estimate of their value is [$ amount]. Under 26 U.S.C. § 170, the deductible portion of your contribution is limited to the amount contributed in excess of that value.
☐ The only benefit you received was an intangible religious benefit.
Please retain this letter with your tax records. It is your contemporaneous written acknowledgment for purposes of 26 U.S.C. § 170(f)(8). We do not provide tax advice and do not value donated property; please consult your own advisor.
With gratitude, [Officer]
⚠ Charities: never state a value for donated property in the acknowledgment. Describe it. Valuation is the donor's obligation and the appraiser's job, and a charity that supplies a number invites blame for a disallowed deduction.
⚠ Quid pro quo over the statutory threshold: a separate disclosure is required by 26 U.S.C. § 6115. The controlling standards are set by United States v. American Bar Endowment, 477 U.S. 105, and Hernandez v. Commissioner, 490 U.S. 680.
Tool 6 — Gift Acceptance Policy Outline
Purpose. To give the development office a graceful way to say no, and the board a documented standard.
Tier 1 — accepted by staff, no review. Cash, checks, credit cards, publicly traded securities (liquidated on receipt), and grants from donor-advised funds and foundations.
Tier 2 — gift acceptance committee review required. Real property, closely held business interests, partnership and limited liability company interests, cryptocurrency, tangible personal property above a threshold, life insurance, intellectual property, retained life estates, and any restricted gift creating an ongoing obligation.
Tier 3 — declined categories. Property with known environmental contamination, interests carrying capital call obligations, gifts conditioned on employment or admission, gifts requiring the charity to act outside its exempt purpose, and any arrangement marketed as a tax shelter.
Mandatory review elements for Tier 2.
- ☐ Written appraisal or valuation obtained by the donor
- ☐ Environmental site assessment for real property
- ☐ Title, survey, lien, and tax status
- ☐ Carrying cost and liquidation plan with a named responsible officer
- ☐ Governing document review for transfer restrictions
- ☐ Unrelated business income and debt-financed income analysis
- ☐ For foundations, excess business holdings screen under 26 U.S.C. § 4943
- ☐ Insider relationship screen under 26 U.S.C. § 4958
Standing rules. Marketable securities are sold on receipt. The charity does not sign appraisals as a valuation endorsement. The charity does not serve as trustee of a donor's split-interest trust without separate counsel. The charity does not provide tax advice.
Authority. Name the officer who may sign gift agreements, and the dollar threshold above which board approval is required.
Tool 7 — Appraiser Engagement Checklist
☐ The donor engages the appraiser — not the charity, not the advisor ☐ Appraiser holds a recognized credential or meets minimum education and experience for the property type ☐ Appraiser regularly performs appraisals for compensation ☐ Appraiser is not the donor, the donee, a party to the acquisition, or a related person ☐ Fee is not contingent on the appraised value ☐ Appraisal is prepared no earlier than sixty days before the contribution and no later than the return due date ☐ Report states it was prepared for income tax purposes under 26 U.S.C. § 170 ☐ Report includes description, condition, contribution date, valuation date, method, and basis for the valuation ☐ Report discloses any agreement restricting the donee's use or disposition ☐ Appraisal summary signed by both appraiser and donee before filing ☐ Full appraisal attached for gifts over $500,000 ☐ Appraiser advised of penalty exposure under 26 U.S.C. § 6695A ☐ For promoted arrangements, promoter penalty exposure under 26 U.S.C. § 6700 evaluated before proceeding ☐ Valuation methodology consistent with transfer tax principles under 26 U.S.C. § 2031 if the estate will also report the asset
Tool 8 — Private Foundation Compliance Calendar
| When | Task | Authority |
|---|---|---|
| Each transaction | Screen counterparties against the disqualified person list | § 4946 |
| Each transaction | Self-dealing screen — fairness is not a defense | § 4941 |
| Each grant | Public charity status verified, or expenditure responsibility undertaken | § 4945 |
| Before individual grants | Advance approval of grantmaking procedures | § 4945 |
| Quarterly | Investment review against the jeopardizing standard | § 4944 |
| Quarterly | Estimated excise tax on net investment income | § 4940 |
| Annually | Compute and satisfy the minimum distribution | § 4942 |
| Annually | Business holdings percentage test | § 4943 |
| Annually | Information return, prepared as a public document | § 6033 |
| Annually | Compensation reasonableness documented | § 4958 |
| Annually | State charitable trust and solicitation registrations | |
| On any misstep | Correct first, pay the first-tier tax, then argue | 26 C.F.R. part 53 |
| On conversion or wind-down | Termination planning | § 507 |
| On formation | Notice and classification | § 508, § 509 |
| On adverse determination | Declaratory judgment | § 7428 |
Tool 9 — Charitable Remainder Trust Worksheet
Inputs
- Property contributed, fair market value, basis: ________
- Trust form: ☐ annuity trust (fixed dollar, no additions) ☐ unitrust (percentage, additions allowed)
- Payout rate: ______ % (must be ≥ 5% and ≤ 50%)
- Term: ☐ life or lives of ______ ☐ term of years ______ (≤ 20)
- Prescribed valuation rate used: ______
Tests that must pass at funding
- ☐ Payout within the 5–50% range
- ☐ Present value of the remainder ≥ 10% of the value contributed
- ☐ For annuity trusts, probability-of-exhaustion test satisfied
- ☐ Governing instrument contains the required prohibitions under 26 U.S.C. § 4947
- ☐ No S corporation stock, no mortgaged property, no binding sale agreement
- ☐ Trustee independent of any transaction with a disqualified person
Outputs to document
- Deduction claimed for the remainder value, and the applicable percentage limit
- Projected first-year payment
- Tier-system characterization of distributions
- Annual valuation date for a unitrust
- Filing calendar for the trust's own annual return
Comparison to show the client
| Sell outright | Fund a 6% unitrust | |
|---|---|---|
| Value at start | $1,000,000 | $1,000,000 |
| Tax paid on sale | ~$214,000 | $0 inside the trust |
| Amount reinvested | ~$786,000 | $1,000,000 |
| First-year income | on ~$786,000 | ~$60,000 |
| Current deduction | none | present value of the remainder |
| To heirs | the whole account | the account, less what funded the trust |
| To charity | nothing | the remainder |
Say the last two rows out loud. The technique redirects a tax payment to charity; it does not create money.
Tool 10 — Letter Templates
A. Broker instruction for a securities gift (donor to broker)
Please transfer [number] shares of [security, CUSIP] from account [number] to [Charity], DTC [number], account [number], attention [contact]. Deliver the specific tax lots acquired on [dates] — these are my lowest-basis long-held shares. Do not sell the shares. Please confirm the settlement date to me in writing. This transfer must settle on or before December 31, [year]; if that is not achievable, notify me immediately.
B. Qualified charitable distribution instruction (donor to IRA custodian)
Please make a distribution of $[amount] from IRA account [number] payable directly to [Charity, EIN], and mail it to [address] with my name and address shown as the donor. This is intended to be a qualified charitable distribution under 26 U.S.C. § 408. Do not make the check payable to me or deposit it to my account. Please confirm the distribution date in writing.
C. Charitable beneficiary designation cover letter
Enclosed is the completed beneficiary designation form for account [number] naming [Charity, EIN] as [primary / contingent] beneficiary of [percentage]%. Please process it and send me written confirmation showing the beneficiary of record. I will not treat this designation as effective until I receive that confirmation.
D. Request for a corrected acknowledgment (donor to charity)
Thank you for your letter of [date] acknowledging my contribution of [amount / property]. The letter does not include the statement required by 26 U.S.C. § 170(f)(8) regarding whether goods or services were provided. I must have a corrected acknowledgment before I file my return. Suggested language: "No goods or services were provided in consideration for this contribution." Please send the corrected letter by [date].
E. Charity's declination letter
We are grateful for your offer of [property], and I want to explain why our board policy requires additional steps before we can accept it. Real property carries environmental and carrying-cost obligations that travel with the deed, so our gift acceptance policy requires a site assessment and a liquidation plan before acceptance. We would be glad to proceed on that basis — or, if you prefer a simpler path, you may sell the property and contribute the proceeds, which produces the same deduction on the same appraisal with none of the delay.
F. Donor-advised fund grant recommendation
I recommend a grant of $[amount] from the [Name] Fund to [Charity, EIN, address] for [purpose or "general operating support"]. I confirm that neither I nor any related person will receive any goods, services, membership, tickets, or other benefit in connection with this grant, and that this grant does not satisfy any pledge or obligation of mine. Please [acknowledge in my name / make this grant anonymously].
G. Foundation correction memorandum (counsel to board)
On [date] the Foundation [describe the transaction]. This constitutes an act of self-dealing under 26 U.S.C. § 4941. Because the second-tier tax is confiscatory if the act is not corrected within the taxable period, we recommend the board authorize correction immediately: [rescind the transaction / restore $____ plus interest to the Foundation], and that the Foundation report and pay the first-tier tax. Correction now costs approximately $[amount]. Failure to correct exposes [person] to a tax equal to a substantial multiple of the amount involved, and the participating managers to separate liability.
Tool 11 — Endowment Spending Policy Elements
☐ Statement of the standard of prudence applicable under the state's uniform endowment statute ☐ The enumerated factors the board considers, recited and actually applied in the minutes ☐ The formula (typically a percentage of a trailing multi-year average market value) ☐ Whether appropriation below historic dollar value is permitted, and the required findings ☐ Underwater fund protocol ☐ Administrative fee, disclosed to donors ☐ Investment policy statement incorporated by reference ☐ Release-or-modification procedure for small and old funds, with the notice the statute requires ☐ Annual board review with documented findings — the minutes are the compliance record
Tool 12 — Related Materials Index
Tool 13 — Authority Quick Reference
Deduction and substantiation: § 170 · § 6115 · § 6113 · 26 C.F.R. part 1 Exemption and classification: § 501 · § 507 · § 508 · § 509 · § 6033 · § 6110 · § 7428 Foundation excise taxes: § 4940 · § 4941 · § 4942 · § 4943 · § 4944 · § 4945 · § 4946 · § 4947 · § 4958 · 26 C.F.R. part 53 Donor-advised funds: § 4966 · § 4967 Vehicles and transfer tax: § 664 · § 642 · § 408 · § 2031 · § 2055 · § 2503 · § 2522 Penalties: § 6695A · § 6700 Cases: Bob Jones University v. United States, 461 U.S. 574 · Hernandez v. Commissioner, 490 U.S. 680 · United States v. American Bar Endowment, 477 U.S. 105 · Regan v. Taxation With Representation, 461 U.S. 540 · Americans for Prosperity Foundation v. Bonta, 141 S. Ct. 2373
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