Donor-Advised Fund Rules – Can I Use My DAF for That? | NPTrust (2024)

Donors, their advisors and charities sometimes have questions about how DAFs can—and cannot—be used. This quick reference guide provides a clearer understanding about how DAFs can be used to support charitable causes important to you.

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Can I Use My DAF for That?

Donor-advised funds (DAFs) are philanthropy’s fastest-growing charitable option for giving with more than 873,000 individual accounts in the United States, according to NPT’s most recent DAF Report.

Popular for their ease of use and efficiency, DAFs are used by donors to fund a wide variety of charitable organizations and projects around the world. With so many giving options available, new and prospective DAF holders or their advisors may wonder where to begin and what rules exist around DAF grantmaking.

The topics discussed below will provide a clearer understanding about how DAFs can—and cannot—be used to support charitable causes important to you or your clients.

Eligible Grant Recipients

Any active, qualified charitable organization with a 501(c)(3) designation and classified by the IRS as a public charity qualifies for grant support from donor-advised funds. DAF grants can support qualified nonprofits in arts and culture, the environment and animal welfare, food banks and hunger alleviation, educational and religious institutions, social service organizations and more. All grant recommendations to qualifying nonprofits are approved by the DAF sponsor.

Additional guidelines exist regarding grants to private operating foundations and supporting organizations, new or international charities and grants in support of scholarships, events or memberships, and other situations. DAFs sponsored by National Philanthropic Trust cannot make grants to political parties or candidates, or to private non-operating foundations or be used for any personal benefit.

To see real-world examples of where our donors are putting their grants to use, visit our Grants in Action series.

Here’s how to use your DAF for a variety of purposes:

Private Foundations

DAFs donors can make grant recommendations to private operating foundations under certain circ*mstances. Approved private operating foundations must certify in connection with each DAF grant that the organization currently qualifies as a private operating foundation and that the grant will not disrupt the organization’s private operating foundation status. Private non-operating foundations are not eligible for DAF grants.

Please read our Giving Vehicle Comparison for more on the differences between DAFs and private foundations.

Scholarships

DAFs may be used to start a new scholarship fund at any eligible charitable organization or institution. Grants may also be recommended to support an existing scholarship fund.

In both cases, DAF holders and their family members may not control the selection of scholarship recipients or use DAF grants to pay tuition on behalf of a specific individual. DAF holders and their family members may participate in the selection process, but they may not have a majority or deciding vote on qualified applicants. Additionally, grants cannot support scholarships where family members may be eligible recipients.

International Charities

DAF grants may be recommended to charities outside the U.S. that have been vetted by NPT’s legal and grants teams. NPT must either obtain a legal opinion that the organization is the equivalent of a U.S. public charity (known as an “equivalency determination) or ensure that the grant is spent only for the charitable purpose for which it was made (a process known as “expenditure responsibility”).

Because international grants require extra time and due diligence, DAF sponsors may assess a special processing fee to the DAF that is not associated with grants to U.S. nonprofits. International grants are not suited for time-sensitive needs.

Individuals and Family Members

You may recommend a grant that satisfies a personal pledge, but the DAF sponsor cannot make any reference to the existence of the pledge when it makes the grant (i.e., in the grant purpose section, check memo or cover letter.) In addition, no donor or advisor may receive, directly or indirectly, any benefit that is more than incidental on account of the grant, and no donor or advisor may attempt to claim a charitable contribution deduction for the grant.

DAFs cannot be used to benefit the donor or any family member of the donor and cannot be earmarked to benefit any specifically designated individual.

Please note that the definition of an “incidental” or “more than incidental” benefit may vary based on the situation. In general, items of financial value such as tuition payments or tickets to events are considered more than incidental. Smaller items of negligible value such as a coffee mug or keychain may be considered incidental.

For more information, Section 4 of IRS Notice 2017-73 addresses personal pledges.

New Charities

If a grant is recommended to a charity that has been in existence for less than five years, additional due diligence of the organization may be required and could result in delayed processing.

Events

DAFs cannot be used to pay for tickets to fundraising events, galas or auctions if the cost of the ticket is not fully tax deductible. Specifically, DAF grants cannot be used to pay the tax-deductible portion of a ticket if the full cost includes both a tax deductible and non-deductible portion. Additionally, grants may not be used to pay for items or services purchased or won at a charity auction.

Memberships

DAFs cannot be used to cover membership costs except under specific circ*mstances. You may only recommend a grant to cover the cost of membership to a charitable organization if the organization confirms that its membership fee is 100% tax deductible. Alternatively, you may indicate in the “grant purpose” section of your recommendation that you have declined all benefits associated with the membership.

Any benefits valued greater than the lesser of 2% of the grant or $110 will be considered a more than incidental benefit to person who receives it. A “more than incidental” benefit generally includes items with financial value such as tickets to attend an event, raffle tickets, auction items or the provision of any other goods or services. A penalty excise tax of 125% of the benefit is assessed against a donor or advisor who receives a more than incidental benefit from a DAF.

Other Exclusions

Federal penalty excise taxes exist regarding the abuse or misuse of donor-advised funds. Visit the IRS website for more information.

Achieve Your Charitable Vision

Whether you are just starting your philanthropic journey, looking to scale up, or planning to make a strategic shift, we are here to assist you.

Learn More

Donor-Advised Fund Rules – Can I Use My DAF for That? | NPTrust (1)

Grant Types, Amounts and Payout Rates

Bifurcated Donations

DAFs cannot be used for bifurcated donations, defined as grants where once part is tax-deductible and another part is not. Federal tax law prohibits DAF grants from conferring any benefits considered “more than incidental” to the donor, advisor or family relations of either.

A more than an incidental benefit can include any item with holding financial value. This includes (but is not limited to) event tickets, items won via live or silent auction, raffle tickets, or the provision of any goods or services.

Visit the IRS website for more on incidental benefits and bifurcated donations.

Minimum Payout Requirements

Rules regarding minimum payout requirements and grant amounts vary by DAF provider. There is no tax code requirement for DAF donors to meet a minimum payout requirement, but NPT encourages its donors to recommend grants actively and has adopted a minimum account activity to discourage inactive accounts. At NPT, less than 1% of DAF accounts fail to make at least one grant every three years.

Read more about DAF flexibility and the positive effect on payout rate here.

Transfers and Appreciated Stock

Giving with a donor-advised fund can be a tax efficient way to conduct your philanthropy. By donating appreciated stock held for more than one year directly to a DAF—rather than liquidating it and then donating the proceeds—you can reduce your tax liability and give more to the causes you care about.

Learn how an NPT Donor-Advised Fund can work for you.

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For Individual Donors

NPT’s uniquely flexible DAF can be customized to fit your personal philanthropic interests.

Learn More

For Advisors

We work with financial, tax, legal and other professional advisors to provide philanthropic expertise to your clients.

Learn More

For Financial Institutions

Fortune 500 companies and multi-family offices partner with NPT to offer company-branded donor-advised fund programs.

Learn More

For Charities

Convert your foundation or compliment it with a donor-advised fund with less overhead, improved tax deductions and increased grant flexibility.

Learn More

Additional Resources

Tips for Managing Your Charitable Giving

A brief guideline overview of DAF charitable giving with National Philanthropic Trust

Learn More

A Guide to Your Donor-Advised Fund

A more in-depth look at the options available to DAF holders

Learn More

Supporting Virtual Events

NPT’s blog provides insight on using DAFs for virtual events.

Learn More

Donor-Advised Fund Rules – Can I Use My DAF for That? | NPTrust (2024)

FAQs

Donor-Advised Fund Rules – Can I Use My DAF for That? | NPTrust? ›

With a donor-advised fund

donor-advised fund
A donor-advised fund, or DAF, is a giving account established at a public charity. The 501(c)(3) public charity serves as a “sponsoring organization,” which manages and administers individual DAF accounts.
https://www.nptrust.org › what-is-a-donor-advised-fund
account, you can claim a charitable contribution deduction for your contribution. Because you may take a tax deduction for your contribution to the DAF, grants you recommend from your DAF account cannot be used to take a tax deduction.

What can a DAF be used for? ›

DAF grants can support qualified nonprofits in arts and culture, the environment and animal welfare, food banks and hunger alleviation, educational and religious institutions, social service organizations and more.

Can I make a pledge with my DAF? ›

The good news is that, while a donor-advised fund grant cannot be used to fulfill your legally binding pledge, you can still support your reunion class gift with your Giving Account, said Stephanie Young, a leader on Fidelity Charitable's grants team.

Can I use my DAF to sponsor an event? ›

Can I sponsor with money from my Donor Advised Fund (DAF)? Yes, however we don't recommend it unless whoever funded the DAF is not attending the event in-person and will not receive a benefit that is more than insubstantial from their DAF's payment.

What are prohibited benefits from donor-advised funds? ›

With a donor-advised fund, you generally cannot:

Support organizations other than IRS-qualified, 501(c)(3) organizations, such as political groups or crowdfunding campaigns. Private foundations are also ineligible to receive donor-advised fund grants.

What can you do with DAF? ›

DAF payments could be spent on specialist equipment and resources or making reasonable adjustments to the setting (eg staff training in the use of sign language), and providers are expected to spend the full amount on the child.

Can you take money out of a DAF? ›

Grants must go to a public, 501(c)(3) nonprofit organization recognized by the IRS. No grants to individuals are allowed. DAFs may, however, fund scholarship opportunities based on a defined set of student criteria. Donors cannot receive a personal benefit from DAF grantmaking.

Can I give to my church through a donor-advised fund? ›

Your DAF can make grants in direct support of qualified charitable organizations, whether they are established charities or exciting new organizations. Qualified charities include 501c3 public charities, including schools and churches.

Can you make a grant from a DAF to a private foundation? ›

No, it is not possible. Because donor-advised funds can only make grants to public charities and private foundations are considered private charities, they are not qualified recipients of any funds or assets from a donor-advised fund.

Can DAF be used for scholarships? ›

A: Yes. DAFs can make grants to 501(c)(3) public charities, including colleges and universities, to support scholarship programs run by those public charities.

What are the disadvantages of a donor-advised fund? ›

Cons of Donor-Advised Funds
  • Loss of Control. When you contribute to a DAF, you effectively relinquish direct control over your donated assets. ...
  • Costs and Fees. ...
  • Delayed Impact. ...
  • No Payout Requirements.
Jun 6, 2024

Can you donate to someone else's DAF? ›

Contributing to a DAF on behalf of someone else can introduce the recipient to the benefits of charitable giving. The recipient gets firsthand experience in philanthropy, where they can recommend grants to charities of their choice over time.

What is the difference between a DAF and a fiscal sponsor? ›

Donor advisor funds lack flexibility, and they also don't offer any monetary or time-saving advantages. A fiscal sponsor fund takes the same amount of time, money, and effort to establish as a donor advisor fund does but much greater possibilities.

What is the 5% rule for DAF? ›

Tax deduction AGI limits are higher with DAFs, and donors can remain anonymous. With private foundations, donors have more say in the use of their funds, must distribute 5% of average net asset value annually, and are subject to annual 1.39% excise tax on net investment income.

Can you get money back from a DAF? ›

All contributions to a donor-advised fund are irrevocable, and cannot be withdrawn by the donor. Following donation, assets contributed to a DAF are solely owned by the sponsoring organization.

How many advisors can a DAF have? ›

Only one Advisor is permitted with respect to a DAF at a given time. Upon making the Initial Contribution, Donor will need to identify an individual to serve as the Donor's authorized Advisor who will have the ability to submit grant recommendations for the DAF (“Initial Advisor”).

What is the purpose of DAF? ›

DAF systems are designed to remove total suspended solids (TSS), biochemical oxygen demand (BOD), and oils and greases (O&G) from a wastewater stream. Contaminants are removed using a dissolved air-in-water solution produced by injecting air under pressure into a recycle stream of clarified DAF effluent.

What can you gift to a donor-advised fund? ›

You can donate many types of assets to a DAF, including cash, shares of stock, bonds, and real estate, among other asset classes. One of the most tax-efficient options is to contribute investable securities that have appreciated in value, as this helps donors avoid capital gains taxes and maximize their tax deductions.

What is the downside to a donor-advised fund? ›

The main benefits include tax deductions, flexibility in giving and the ability to grow contributions tax-free. However, there are drawbacks: once a donation is made, it cannot be retracted and administrative fees can reduce the amount available for grants.

Where is DAF used? ›

Where and Why DAF? Typically, DAF is used to clarify wastewater from food processing plants, industrial laundries, oil refineries, paper mills, metal finishing, and many other niche industries so water is suitable for reuse or discharge to sewer.

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