Depreciated Securities - An unusual gift idea that may be just right this year

Before talking about gifts of depreciated securities it’s important to understand why gifts of appreciated securities are so popular. So, we begin with that.

Gifts of highly appreciated assets held long enough to qualify for long-term capital gains treatment if sold by the donor top the list of philanthropic win-win situations. Here's why: The donor receives a charitable tax deduction at the fair market value of the securities and completely avoids paying capital gains tax on the appreciation that accumulated over the years – and, the charitable beneficiary - your alma mater, for example - receives a gift likely much larger than would have been the case if the donor had made the gift using other assets.

If you have highly appreciated securities that you’ve held for more than one year, then these assets may be a terrific way to make a special charitable gift this year. If you’re interested in learning more about the considerable tax advantages and how this gift must be made, COMMENT here and we'll go into more detail in reply.

But, that said – the focus here is on the opposite situation, a topic much less often discussed. Why? Simply, there usually are better ways to make a charitable gift than to use depreciated securities. But, this is not a usual year – and, this just may be the right year to consider a gift idea that could be an ideal fit for today’s economic conditions.

If you own securities that have lost value, turning these securities into a charitable gift may be best thing you can do with them. Unlike appreciated securities – which you would give directly to the charitable organization to achieve maximum tax advantages, a gift of depreciated securities requires you to first sell the stock and then make the gift using the proceeds from the sale. This two-step sequence preserves your opportunity to take the capital loss tax deduction on the sale of the depreciated securities and creates your opportunity for a charitable gift tax deduction.

This year especially, it just may be that stocks you own which are substantially below your original cost could offer a creative way to fund the charitable gift you wish to make. Such a gift can be both generous and tax-wise.

LAW SIGNED BY PRESIDENT BUSH ALLOWS TAX-FREE CHARITABLE GIFT TRANSFERS FROM IRAs IN 2008.

President Bush has signed into law legislation that allows individuals 70½ and older who have Individual Retirement Accounts (IRAs) to make direct and tax-free transfers from their IRAs to their alma mater (and other public charities). This opportunity was possible for the past two years, but it expired last December. Now, donors will be able to do so again this year. The key thing is that the charitable gift transfer must be completed by December 31, 2008.

We know from last year’s experience that many Americans who are 70½ and older will see this new law as a creative way to support their alma mater (and other public charities). The IRA-funded gifts can be for any amount up to $100,000. This means a donor may give not only the amount that must be withdrawn this year to meet mandatory distribution requirements but also can draw down part of the IRA's principal – which has the added advantage of reducing the tax bill due on next year's withdrawal.

These IRA gifts are relatively easy to do, but they take a little time to process. Those interested in taking advantage of this special opportunity are encouraged to act soon, to be sure they meet the December 31 deadline. My office is available to answer any questions donors may have about what they need to do to make a ‘qualified charitable distribution,’ as these IRA gifts are called by the U.S. IRS.”

For more information on making a 'qualified charitable distribution' this fall from an Individual Retirement Account (IRA), I can be reached at either 540.568.3196 or (toll-free) 800.296.6162. By e-mail, please use sudoltj@jmu.edu.

And, to read more about making gifts from your IRA (and other such ideas), you are invited to visit the web at www.jmu.edu/development/plannedgiving.

Gifts of Life Insurance - The often forgotten asset.

As you think about financial resources you may have available to make a philanthropic gift, one set of assets that may not come to mind quickly — if at all — is the life insurance policies you may have collected over the years. Yet, a life insurance policy can be an ideal asset to fund the special gift you've wanted to make for a while now.

In fact, whether you have several life-insurance policies or just one, once you determine that the need you once had for life insurance has passed, a philanthropic gift can be the best way to put such an asset to good use.

If you have a paid-up whole or universal life policy, you can make a gift of the policy to your alma mater or other charitable organization — and, both the accumulated cash value and the ultimate death benefit can be earmarked by you to fund a generous gift.

And, it's easy to do. Your insurance representative can provide you with the forms you'll need to name your alma mater or other charity as the beneficiary and owner of the policy. Once the paperwork is completed, you would have made a thoughtful gift using an asset that you no longer need.

Even policies for which you are still making annual premium payments can be used - and, when you name your alma mater or other charity as the beneficiary and owner of such a life insurance policy, you're able to make an annual charitable gift for the amount of the premium payment — and then, your alma mater (or other charity) will use each annual gift to keep the premiums paid. Turning a premium payment into a charitable gift is an extra advantage of such a gift of life insurance.

Any questions about ways to devise creative charitable gift plans using existing or new life insurance policies, post your question and we'll talk about it here.

Why Give? Volunteers Know Why!

We all are asked to make financial contributions to charitable organizations from time to time - sometimes, it seems, day after day. It most cases, we're asked to give to organizations and causes we know little about. Alas, sometimes that's even true when the cause is our own alma mater. It's hard enough to keep track of things on our daily To Do lists, let alone stay current with the ever-changing campus of the college or university we attended more years ago than we want to count. In our hearts, we know we'd like to do something for our alma mater - make a gift that is meaningful - but, it's been so many years. . .

What's the answer?

Get involved! Next time you're invited to serve on a committee or council, plan an event or a program, sponsor an intern, or participate in an alumni community service project, say "Yes!"

And, you'll be glad you did.

So will your alma mater - because one thing that is as true today as it ever has been is that those who give the gift of their time and talents - as volunteers - are also more likely to give the gift of their treasures - their financial resources. It doesn't matter so much whether you serve on the Board of Directors or the annual Beach Party planning committee - what matters is that you have made the commitment of your time to something that is important to you.

In taking this step, you have helped yourself answer the question "Why give?" Now, you'll know!
So, call someone today that you know at your alma mater and offer to volunteer. You may be surprised at the opportunities awaiting you!

Donor Intent & The Role of Gift Agreements

When you make a charitable gift to support a worthy organization's work - whether it be for a scholarship at your alma mater, a particular program, or a special purpose - it's very important that a match exists between the donor's understanding about the gift and the organization's understanding - so that there is no doubt about how the gifted funds are to be used.

Hmmm, sounds basic, right? Well, sometimes it is. Sometimes, this is accomplished quite easily and with minimal discussion or paperwork. But, often it's a good idea to talk things over and write things down so that everyone involved is sure of the donor's intent - and, equally sure that the charitable organization can carry out the donor's intentions.

This is especially true when the amout involved is substantial. Ah, and what is 'substantial'? Well, like beauty and works of art, the defining point for 'substantial' may best be measured by the eye of the beholders. Whether a gift is for $1,000, $10,000, $100,000 or a million dollars, the degree of detail that goes into the discussion likely depends as much on the donor's views as on the charitable organization's size and scope.

One way or another, if you're making a gift to your alma mater or other charitable cause and you want to know that the gift will be used as you intend, the best way to be sure is to talk about it before you make your gift - and, then look for this plan to be placed in a writing.

This is the role and value of Gift Agreements. Such a document is the ideal place to describe in clear and complete terms the donor's intentions and confirm the organization's commitment to fulfill the donor's expectations. A Gift Agreement can be as simple or complex as a particular gift plan merits. The key is that it provides you, the donor, with the assurance that your alma mater (or other charitable cause) will use your gift in the manner you expect it to be used. Especially when your gift is intended to last for generations to come - in perpetuity - as part of an endowment, a Gift Agreement provides you and your family a confidence that your gift will be making a difference for years to come.

Have a question, want more information - your inquiries are invited.

Bequests are #1 gift by those with estate plans.

Recent research shows that 89 percent of gifts in estate plans are bequests. Whether you have a Will or a Trust for your estate plans, a charitable bequest is the #1 way to make a testamentary gift for your college, church, or favorite charities. If you have already included a charitable bequest in your estate plans, you have ensured your legacy gift will make a difference in perpetuity. If you have not yet done so, it's relatively easy - and you don't need to create a new Will or Trust - a Codicil (for your Will) or an Amendment (for your Trust) is sufficient.

It's important to check with your college, church, or favorite charity about the exact language you should use for your charitable bequest - to be sure what you want to do will be done - but, the key thing is to ask your lawyer to prepare the provision for your charitable bequest so that you can sign the documents promptly and then rest easy, knowing your desire to make this testamentary gift will be fulfilled.

And, in most cases, your charitable beneficiary will recognize your generosity in a special way. For example, at James Madison University, everyone who remembers the university in their financial & estate plans is recognized as a member of The Madison Founders Society. Nearly 500 individuals have been a part of this society since it was created in 1982 - and, a special benenfit of membership is the annual Membership Appreciation Brunch in the fall - commemorating the arrival of the first student at Madison nearly a century ago - in 1909. This year, the Madison Founders Society Brunch will be on Saturday, September 20th.

Create a legacy for generations to come, make a charitable bequest in your Will or Trust.