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Donor advised fund

What Is a Donor Advised Fund?

A donor advised fund (DAF) is a charitable giving vehicle administered by a public charity that allows donors to make a charitable contribution, receive an immediate tax deduction, and then recommend grants from the fund over time. It is a popular tool within the broader field of charitable giving, offering flexibility and administrative convenience for individuals and organizations seeking to support various non-profit organizations. Once assets are contributed to a donor advised fund, the donor relinquishes legal ownership, though they retain advisory privileges regarding how the funds are invested and where grants are ultimately disbursed.

History and Origin

The concept of donor advised funds originated in the United States in the 1930s, with the first such fund established by the New York Community Trust in 1931. While these charitable accounts existed, formal regulatory recognition and distinctions between different types of charitable entities became more defined with legislative actions like the U.S. Tax Reform Act of 1969.10 The growth and visibility of donor advised funds significantly increased in the 1990s, particularly as financial service institutions began offering them as convenient philanthropic tools. This expansion continued into the 21st century, solidifying the donor advised fund as a major component of modern philanthropy.

Key Takeaways

  • A donor advised fund allows a donor to make an irrevocable charitable contribution and receive an immediate tax deduction.
  • Donors retain advisory privileges over how the funds are invested and which qualified public charities receive grants, but they relinquish legal ownership of the assets.
  • DAFs offer administrative convenience, as the sponsoring organization handles the record-keeping, grant distribution, and other compliance tasks.
  • Funds held in a donor advised fund can potentially grow over time through investment management, allowing for greater charitable impact.
  • They serve as an alternative to direct giving or establishing a private foundation for many philanthropists.

Interpreting the Donor Advised Fund

A donor advised fund provides a simplified and tax-efficient mechanism for charitable giving. Donors contribute cash, appreciated securities, or other assets to a sponsoring public charity that establishes a separate account for their charitable purposes. The key aspect is that while donors advise on the ultimate recipients of grants, the sponsoring organization maintains legal control over the assets. This structure can be particularly beneficial for donors who wish to make a significant charitable contribution now for tax purposes but prefer to take their time deciding on specific grant recipients. The funds can also be invested, allowing the charitable capital to potentially grow before grantmaking occurs.

Hypothetical Example

Consider Sarah, a successful investor with a diversified portfolio. In a year where she has significant capital gains from selling stocks, she decides to establish a donor advised fund.

  1. Contribution: Sarah contributes $100,000 worth of appreciated shares directly to a sponsoring organization's donor advised fund. By doing so, she avoids paying capital gains tax on the appreciation and receives an immediate tax deduction for the fair market value of the shares in that tax year.
  2. Investment: The $100,000 is placed into a DAF account and, under her advisement, is invested in a growth-oriented fund managed by the sponsoring organization. Over the next two years, the account grows to $115,000.
  3. Grant Recommendations: Sarah then recommends a $25,000 grant to a local animal shelter and a $15,000 grant to her alma mater. The sponsoring organization vets these charities and approves the grants, disbursing the funds accordingly. Sarah still has $75,000 remaining in her donor advised fund, which continues to be invested and can be used for future charitable recommendations.

This example illustrates how a donor advised fund allows for immediate tax benefits, potential asset growth, and flexible grant recommendations over time.

Practical Applications

Donor advised funds are widely used by individuals, families, and corporations as a streamlined approach to philanthropy. They are frequently integrated into wealth management and estate planning strategies, providing a flexible alternative to establishing a complex private foundation. For instance, a donor can make a large charitable contribution in a high-income year, securing an immediate tax deduction, and then distribute the funds to various charities over several years or even decades.

According to the 2024 DAF Report, charitable assets in all donor advised fund accounts in the U.S. totaled $251.52 billion in 2023, representing a nearly 10% increase from the prior year. Grants from DAFs to charitable organizations amounted to $54.77 billion in 2023.9 The Internal Revenue Service (IRS) provides guidance and regulations concerning donor advised funds, particularly through the Pension Protection Act of 2006, which introduced new requirements for these funds.8

Limitations and Criticisms

Despite their growing popularity, donor advised funds face certain limitations and criticisms. A primary concern revolves around the lack of mandatory annual distribution requirements for DAFs, unlike private foundations which typically must distribute 5% of their assets annually. Critics argue that this absence of a payout mandate can lead to charitable dollars sitting indefinitely in accounts rather than being distributed to active charities that can put them to immediate use.7

Another point of contention is the potential for a lack of transparency. While the sponsoring organization is publicly identified as the grantmaker, the original donor can remain anonymous, which some argue reduces accountability in philanthropic decisions. Additionally, some critics note that DAFs, especially those offered by commercial providers, may generate fees that reduce the amount ultimately distributed to charities. Donors must also understand that once a contribution is made to a donor advised fund, it is irrevocable; the donor cannot reclaim the assets for personal benefit.6 The IRS continues to consider regulations to address various aspects of DAFs, including definitions related to donors and donor advisors, and the potential imposition of excise taxes for certain transactions.5

Donor Advised Fund vs. Private Foundation

The donor advised fund and the private foundation are both prominent vehicles for structured charitable giving, yet they differ significantly in their setup, administration, and regulatory oversight.

FeatureDonor Advised Fund (DAF)Private Foundation
EstablishmentAccount within an existing public charity.Separate legal entity, often requiring legal setup.
ControlDonor advises; sponsoring charity has legal control.Donor/board maintains full legal control.
AdministrationSponsoring charity handles all administrative tasks.Donor/staff manages all administration, including legal and tax filings.
CostGenerally lower, often a percentage of assets under management.Higher, with significant operational expenses and compliance costs.
Tax DeductionGenerally more favorable (adjusted gross income limits typically 60% for cash, 30% for securities).4Generally less favorable (AGI limits typically 50% for cash, 20% for securities).
Payout RequirementNo federal minimum annual payout requirement.Legally required to distribute at least 5% of assets annually.
AnonymityPossible for individual grants.Public disclosure of grants and financials required.

While a donor advised fund offers simplicity and immediate tax benefits, a private foundation provides greater control and direct involvement in grantmaking and charitable operations. The choice between the two often depends on the donor's philanthropic goals, desired level of involvement, and financial resources.

FAQs

Q: Can I contribute any type of asset to a donor advised fund?
A: Donor advised funds typically accept a wide range of assets, including cash, publicly traded securities, and sometimes more complex assets like real estate or private business interests. The acceptance of non-cash assets can vary by sponsoring organization.

Q: Do donor advised funds have a minimum contribution or grant amount?
A: While there are no federal tax law requirements for minimum contributions or grants, most sponsoring organizations have their own minimums for opening an account and for individual grants. These can vary significantly, from a few thousand dollars to much larger sums.3

Q: Can I use a donor advised fund to fulfill a personal pledge to a charity?
A: No, grants from a donor advised fund cannot be used to fulfill a personal, legally binding pledge. The grant must originate from the DAF's assets, with the sponsoring organization making the final decision, ensuring the donor does not receive a personal benefit.2 This also applies to things like event tickets, auction items, or membership fees that offer more than incidental benefits.1

Q: Are there fees associated with donor advised funds?
A: Yes, sponsoring organizations typically charge administrative or management fees, usually a small percentage of the assets under management within the fund. These fees cover the costs of administration, compliance, and investment management services.