Charitable Giving Policy
WXXI solicits and accepts gifts for purposes that will help the organization further and fulfill its mission. WXXI urges all prospective donors to seek the assistance of personal legal and financial advisors in matters relating to their gifts, including the resulting tax and estate planning consequences. The following policies and guidelines govern acceptance of gifts made to WXXI for the benefit of any of its operations, programs or services.
Use of Legal Counsel—WXXI will seek the advice of legal counsel in matters relating to acceptance of gifts when appropriate. Review by counsel is recommended for:
- Gifts of securities that are subject to restrictions or buy-sell agreements.
- Documents naming WXXI as trustee or requiring WXXI to act in any fiduciary capacity.
- Gifts requiring WXXI to assume financial or other obligations.
- Transactions with potential conflicts of interest.
- Gifts of property which may be subject to environmental or other regulatory restrictions.
Restrictions on Gifts—WXXI will not accept gifts that:
- would result in WXXI violating its corporate charter,
- would result in WXXI losing its status as an IRS § 501(c)(3) not-for-profit organization,
- are too difficult or too expensive to administer in relation to their value,
- would result in any unacceptable consequences for WXXI
- are for purposes outside WXXI”s mission.
Decisions on the restrictive nature of a gift, and its acceptance or refusal, shall be made by the President and CEO, in consultation with the Treasurer.
Gifts Generally Accepted Without Review—
- Cash. Cash gifts are acceptable in any form, including by check, money order, credit card, or on-line. Donors wishing to make a gift by credit card must provide the card type (e.g., Visa, MasterCard, American Express), card number, expiration date, and name of the card holder as it appears on the credit card.
- Marketable Securities. Marketable securities may be transferred electronically to an account maintained at one or more brokerage firms or delivered physically with the transferor’s endorsement or signed stock power (with appropriate signature guarantees) attached. All marketable securities will be sold promptly upon receipt unless otherwise directed by WXXI and The Little Theatre Film Society’s Investment Committee. In some cases marketable securities may be restricted, for example, by applicable securities laws or the terms of the proposed gift; in such instances the decision whether to accept the restricted securities shall be made by the Executive Committee.
- Qualified Charitable Distributions (QCD’s) from Individual Retirement Accounts (IRA’s) WXXI will accept Qualified Charitable Distributions from Individual Retirement Accounts as allowed by law. WXXI may not give gifts or benefits in exchange for these donations except those that have been deemed de minimus.
- Bequests and Beneficiary Designations under Revocable Trusts, Life Insurance Policies, Commercial Annuities and Retirement Plans. Donors are encouraged to make bequests to WXXI under their wills, and to name WXXI as the beneficiary under trusts, life insurance policies, commercial annuities and retirement plans.
- Charitable Remainder Trusts. WXXI will accept designation as a remainder beneficiary of charitable remainder trusts.
- Charitable Lead Trusts. WXXI will accept designation as an income beneficiary of charitable lead trusts.
- WXXI maintains a Charitable Gift Annuity program for those 65 and older and the minimum gift is $20,000. It is currently administered by National Gift Annuity Foundation which distributes the annuitants’ quarterly income and remits to WXXI any balance remaining at the annuitants’ death.
Gifts Accepted Subject to Prior Review — Certain forms of gifts or donated properties may be subject to review prior to acceptance. Examples of gifts subject to prior review include, but are not limited to:
- Tangible Personal Property. The CEO and Treasurer shall review and determine whether to accept any gifts of tangible personal property (including virtual currency) in light of the following considerations: does the property further the organization’s mission? Is the property marketable? Are there any unacceptable restrictions imposed on the property? Are there any carrying costs for the property for which the organization may be responsible? Is the title/provenance of the property clear?
- Life Insurance. WXXI will accept gifts of life insurance where WXXI is named as both beneficiary and irrevocable owner of the insurance policy. The donor must agree to pay, before due, any future premium payments owing on the policy.
- Real Estate. All gifts of real estate are subject to review by the Executive Committee. Prior to acceptance of any gift of real estate other than a personal residence, WXXI shall require an initial environmental review by a qualified environmental firm. In the event that the initial review reveals a potential problem, the organization may retain a qualified environmental firm to conduct an environmental audit.
Criteria for acceptance of gifts of real estate include:
- Is the property useful for the organization’s purposes?
- Is the property readily marketable?
- Are there covenants, conditions, restrictions, reservations, easements, encumbrances or other limitations associated with the property?
- Are there carrying costs (including insurance, property taxes, mortgages, notes, or the like) or maintenance expenses associated with the property?
- Does the environmental review or audit reflect that the property is damaged or otherwise requires remediation?