Nonprofit Law/donation to another 501(c)3
The president of our 501(c)3 organization made a promise to donate money on our behalf to another 501(c)3 for a workshop (the purpose of the workshop is aligned with our organization's purposes). He made this commitment without consulting our Board first. Now he would like to donate money to our organization and specify that we use this money to fulfill the commitment he made. (He does not want to donate directly to the other organization because he wants our group to get the credit.) My understanding is that this would be a violation of IRS rules for 501(c)3 non-profits. Am I correct or is this allowed?
I am assuming that the recipient 501(c)(3) organization is not a private foundation. If it is, let me know. The IRS refers to what he is proposing as "pass-throughs", but, when the earmarking is for another 501(c)(3) organization that is a public charity (not a private foundation), then that is allowed.
As to pass-through funds, see the Google Book Version of "Not-For-
Profit Accounting Made Easy" By Warren Ruppel.
Starting at the bottom of that page 81 for a few pages you can read
the recommended treatment of pass-throughs. Mr. Ruppel advises to
follow the recommendations of The Financial Accounting Standards
Board, Statement 136, entitled "Transfers of Assets to a Not-for-
Profit Organization or Charitable Trust that Raises or Holds
Contributions for Others". A good description is also available
-- From Mr. Ruppel --
After the issuance of SFAS 116, some not-for-profit organizations
that raise funds for other not-for-profit organizations questioned
whether certain provisions of SFAS 116 would prevent these
organizations from recording contribution revenue (and a
corresponding expense) because they passed the funds that they
raised through to the other organizations. Indeed, SFAS 116 states
that it does not apply to . . transfers of assets in which the
reporting entity acts as an agent, trustee, or intermediary, rather
than as a donor or a donee." In other words, under this language,
if a not-for-profit organization is an agent or an intermediary, it
is not a donor or a donee, meaning that it does not have
contribution revenue to record. The issue involved some of the not-
for-profit organization acting as an agent or intermediary and
should record a liability (instead of contribution revenue) because
it owes the $1,000 to the university.
With two exceptions, which are described below, recipient
organization that acccepts assets from a donor and agrees to use
those assets on behalf of, or transfer those assets to, a specified
beneficiary is not a donee. In these situations, the recipient
organization should record an asset and a liability for cash and
financial assets that it receives, measured at the fair value of
the assets. When nonfinancial assets are received in this type of
transaction, recording an asset and a liability by the recipient is
permitted, but not required. Whatever policy is adopted for
nonfinancial assets should be disclosed and consistently applied.
The two exceptions to the above rules are described below. In these
instances, the recipient organization would account for the
transfer of assets as a donee (i.e., would record the receipt of
assets as contribution revenue, instead of as a liability)-
Subsequent transfers to the assets to the ultimate beneficiary
would then be accounted for as expenses (decreases in net assets)
instead of a reduction to a liability.
---End of Excerpt---
Harvey Mechanic, Attorney at Law -
P.S. This response is intended to be a general statement of law, should not be relied upon as legal advice and does not create an attorney/client relationship.