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The Dos and Don’ts of Charitable Gift PlanningThe Dos and Don’ts of Charitable Gift Planning

Pitfalls and safe havens.

Jonathan Tidd

September 21, 2022

14 Min Read
Tidd-GettyImages-595457488.jpg

Charitable gift planning typically involves:

  • the donor and what the donor wants to do;

  • one or more of the donor’s professional advisors (lawyer, accountant, financial planner);

  • the asset the donor wants to use to make the gift;

  • state and federal laws applicable to the proposed gift arrangement; and

  • the charity the donor wishes to benefit and the charity representatives who deal with the donor.

Each of the individuals on this playing field is a link in a chain. Sometimes, one or more links fail because of federal tax law. Let’s looks at the pitfalls and safe havens that are involved in some common gift planning situations.

Weak Links

Here’s an example of a weak link based on actual situations. The donor is a wealthy and prominent individual. The charity’s board chair, a high profile corporate lawyer, solicits the donor to make an 8-figure gift to charity, for which the donor’s name will be placed on the charity’s entrance hall. The donor makes a written pledge in response, which is prepared by the donor’s lawyer. Subsequently, the charity receives a check in satisfaction of the ple...

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About the Author

Jonathan Tidd

Jonathan G. Tidd  is an attorney whose practice is limited to advising charitable organizations on gift planning issues.  He has been admitted by exam to the Connecticut, Illinois, Indiana, and New York Bars.  His clients include a wide range of educational, health care, arts, human rights and social service organizations.  His articles on charitable gift planning have appeared in THE JOURNAL OF TAXATION; ESTATE PLANNING; and other professional journals.  His office is in West Simsbury, Connecticut.