Christmas Fund

Discuss questions around local unit policies for budgeting, reconciling, etc. This forum should not contain specific financial or membership information.
dcurtis
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#11

Post by dcurtis »

jdlessley wrote:Any donations given to the Bishop that is not handled in accordance with Church procedures (entered into MLS, etc.) is not a charitable contribution and is not given to a charitable organization, the Church. Funds given to the bishop outside the charitable umbrella of the Church becomes liable to the laws governing gifts to individuals and could, based on applicable law, be taxable to the bishop.

The Church's guidance for donations can be found in Handbook 1, Stake Presidents and Bishops (I do not have the specific reference on hand.).
In this case (giving cash directly to the bishop), I'm not thinking members are considering these sub-for-santa funds to be a donation, certainly not a tax-deductible one. It's just a way of helping needy families have a Christmas (1) preserving anonymity of the donor and the recipient (2) taking advantage of the fact that the bishop knows who the needy families are and (3) circumventing the need for policies regarding fast offerings to be followed. In this case, I don't think the members are counting on or are worried about that money being tax-deductible. They are doing it to give, not to improve their tax situation.

I'm assuming that if funds are gathered through an other account, the disbursements to the recipients would be tracked (at least by the bishopric and clerks), so there wouldn't be the same level of confidentiality. And I wonder if a sub-for-santa other account is really following the spirit of what the other account is intended to be used for.

On the other hand, maybe the ability to track those funds is an advantage, because it provides a level of protection for the bishop and a level of assurance that the funds will be used for the intended purpose.

Is there any specific guidance on these issues and how members and bishops should address them? Is a sub-for-santa account an appropriate use of the other category? Is there any rule against members giving money to the bishop for disbursement to a needy family without going through an official church account? Note that I'm not asking about tax consequences -- I'm asking about cases where donors aren't trying to get a tax deduction; they just want to help.

https://tech.lds.org/wiki/Other_category says "Leaders should not solicit or deposit money into the "Other" category for purposes beyond the established guidelines." Is sub-for-santa a purpose that falls within established guidelines?
jdlessley
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#12

Post by jdlessley »

The Other account is a passthrough account. One criteria is the funds must be disbursed for the event. In this case the event is Christmas. So if the funds are disbursed by Christmas that requirement is met.

A comment has been made about the intentions of donors in regards to a taxes. It is impossible to know what the intentions of donors are in regards to taxes. Making an assumption that a donor will not attempt to include such a donation as a charitable contribution should not be made. This places the Church at risk as to tax exempt status. Any contributions made to the Church must be treated uniformly and follow established policies and procedures. Exceptions cannot be made. The bishop is a representative of the Church in fiduciary matters. As such, he is responsible for adhering to both taxing authority guidelines as well as Church guidelines in regard to all donations. Dismissing such donations as not having a tax consequence is not responsible. While an individual may not claim a tax status for a contribution it does affect the Church's tax status if not handled properly.
JD Lessley
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allenjpl
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#13

Post by allenjpl »

jdlessley wrote:The Other account is a passthrough account. One criteria is the funds must be disbursed for the event. In this case the event is Christmas. So if the funds are disbursed by Christmas that requirement is met.
But the other criteria of a passthrough account is that is for a paid-for benefit. The inherent problem with Christmas accounts is that the status of the money is ambiguous. Is it a charitable donation? Is it a payment for things that the bishop will then buy? Is the payment a charitable donation? This leads to problems. See below.
A comment has been made about the intentions of donors in regards to a taxes. It is impossible to know what the intentions of donors are in regards to taxes. Making an assumption that a donor will not attempt to include such a donation as a charitable contribution should not be made.
And if it is made, there is the potential for it to be made in error. My first Christmas as a finance clerk, the Christmas account was announced over the pulpit, and people made donations. Since Tithing Settlement had mostly been completed by the time Christmas rolled around, the first time some people noticed that their Christmas account donations weren't charitable was when I handed them their tax statements. I was then placed in the uncomfortable position of trying to explain that it really wasn't a charitable donation, but a payment for gifts/whatever (because I had no idea what the bishop planned for these funds). One sister said that if she'd known that, she would have just donated to fast offerings. Ever since then, I've tried (and so have the auditors, who mention it every February audit) to convince the bishop not to have this account, and not to announce the account, but to no avail.
jdlessley
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#14

Post by jdlessley »

The topic of this thread unfortunately addresses two concerns that are closely related - proper use of the Other account and tax laws. The predominant issue is the purchase of goods for needy families for Christmas. From that issue there are two methods discussed so far for collecting funds for this purpose. The first is using the Other account and the second is the bishop accepting the donations but not recording those donations in MLS, purchasing the goods, and then distributing those goods.

While the purchase of goods for needy families can result in a tax benefit for the donors, that should not become the focus of the discussion in this thread. Whether or not there is a tax benefit for the donors is between them and the taxing authorities. The Church does not provide tax statements for contributions to the Other account simply because it is impossible for the Church to determine whether the purpose of the contribution would qualify for tax favored status or not. I would venture a guess that most of the time it would not qualify simply because the primary purpose of the Other:Authorized Member Financed Activities account is to collect funds for a defined purpose and then distribute the funds to pay for goods or services.

In the scenario being discussed for Christmas welfare to needy families it has potential to be a tax favored donation. But we do not need to get bogged down in that aspect for the purpose of addressing the method of collecting the funds in this thread. We should be concerned with what is in accordance with Church policies and procedures and in protecting the Church's tax exempt status and protecting the leaders of the Church.

The discussion should focus on what is the best method is of collecting the funds and then purchasing the goods. I addressed the tax issue only to ensure we understand that there can be negative tax consequences for the Church, and possibly the bishop, if handled improperly. Having no record of the collection and distribution of those funds as has been suggested has potential for negative consequences for both the bishop and the Church. I do not want to suggest or imply how donors should or may address the tax favored status of their donations. I am only concerned with protecting the Church leaders and the tax exempt status of the Church. Following Church policies and procedures ensures that protection.
allenjpl wrote:But the other criteria of a passthrough account is that is for a paid-for benefit. The inherent problem with Christmas accounts is that the status of the money is ambiguous.
The paid for benefit is for goods in behalf of donors to be given to needy families. I don't think the status of the money is ambiguous. It is clear that the bishop will purchase goods and then distribute them for and in behalf of the donors. Just because the recipients of those goods are not defined in the name of the sub-category does not make it ambiguous. If necessary the name of the family can be entered into the description of the purpose of each check. I do agree that the name of the Christmas account should reflect its purpose and not simply be titled "Christmas Fund". It could be "Christmas Gifts for Needy Families" or anything that makes it less ambiguous.
allenjpl wrote:Since Tithing Settlement had mostly been completed by the time Christmas rolled around, the first time some people noticed that their Christmas account donations weren't charitable was when I handed them their tax statements. I was then placed in the uncomfortable position of trying to explain that it really wasn't a charitable donation, but a payment for gifts/whatever (because I had no idea what the bishop planned for these funds).
Even after I stated we do not need to get bogged down in the tax status of a donation, I think some aspects of that issue should be addressed.

Simply because a donation to an Other account is not reported on a tax valid statement does not mean it cannot be treated as a charitable contribution. Whether or not it is a charitable contribution is for the donor to decide. In the U.S. the tax valid statement is not the only valid document for reporting contributions less than $250. This is the area we do not need to get bogged down in.

The proper response when someone is concerned about the tax favored status of a donation is for them to seek tax advice from a tax specialist. We should not make statements about the tax status of a donation unless we are tax specialists. In the case we are discussing it very well could be considered a tax favored charitable contribution. If a donor is expecting their contribution to be treated as a charitable contribution then I would recommend to them to not contribute to such a purpose without first seeking tax advice from a tax specialist.

An announcement made over the pulpit could include a disclaimer that the contributions will not appear on the tax valid statement and that the contribution may or may not be considered a charitable contribution. The disclaimer should also include the caution that tax advice should be sought from a tax specialist to determine whether contributions would qualify as a charitable contribution.

Note that I have not stated that it is appropriate to use the Other account for the purpose described by the OP. That decision rests with the local leaders. If the bishop is uncertain he should seek council from the stake president. The stake president can then seek council from the area auditor or other appropriate area authorities.

I am emphatically stating it is risky for the bishop to collect funds without proper records for the purpose described in the OP. The only way I know to maintain proper records for donations is in MLS using procedures outlined in the Handbook.
JD Lessley
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russellhltn
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#15

Post by russellhltn »

jdlessley wrote:In the scenario being discussed for Christmas welfare to needy families it has potential to be a tax favored donation.

If we were to create a Christmas basket for the neighbors next door, we're not going to be getting a tax statement.

I'll have to pay attention to how that's handled in my area the next time it comes up. I know there have been service projects where members are asked to bring items to put in a basket. As such, there's no money involved.

I also know of cases where a group made a basket and delivered it to the family in question. Presumably it was done so the contributors could experience the event for themselves instead of only having a verbal report from the bishop.

There's lots of ways it could be done.
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daveywest
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#16

Post by daveywest »

Families in need can be most eaisly addressed through properly documented fast offering administration. Should members wish to donate to the needy, they should be instructed to pay a generous fast offering. The bishop under the guidence of the spirit and with the assistance of active home teachers can indentify familes in need and provide proper assistance so that holiday celebrations would not be a burden on the family.

Though it is not normally the policy to purchase toys, clothing, etc., an approved fast offering dispersment (housing, utilities, food) may free up funds that the family would otherwise not have available.
Bro. West
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warnick
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Re: Christmas Fund

#17

Post by warnick »

How about creating a Miscellaneous budget category for the Ward Christmas gift fund and posting donations from members for this fund to the Ward budget, instead of the other account? That way, the donation would appear as a tax-deductible donation on the official tax statement. Does anyone see a catch to this idea?
jdlessley
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Re: Christmas Fund

#18

Post by jdlessley »

warnick wrote:Does anyone see a catch to this idea?
Yes. Donations should not be made to the budget. While MLS technically provides for funds to be deposited in a budget category, that capability is an administrative feature to permit things such as returning excess budget distributions, for example. See Handbook 1, 14.7.2. Pay particular attention to the sub-section titled "General Principles and Guidelines".
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russellhltn
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Re: Christmas Fund

#19

Post by russellhltn »

warnick wrote:How about creating a Miscellaneous budget category for the Ward Christmas gift fund and posting donations from members for this fund to the Ward budget, instead of the other account? That way, the donation would appear as a tax-deductible donation on the official tax statement. Does anyone see a catch to this idea?
Yeah, lots of problems.

As pointed out, the members are not allowed to donate to budget. It's for returning funds. Since it's not for donations, it won't show up in the official tax statement.

Last, I'm not entirely sure that it would be tax deductible. I'm not sure as anyone at the local level is allowed to make that determination. I'd leave it between the members and their tax advisor.
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warnick
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Re: Christmas Fund

#20

Post by warnick »

Thanks - this is helpful. Our stake financial clerk said basically the same thing. He also told me that the church prefers that "Christmas Fund" type donations be made to the Fast Offerings category. Is this documented anywhere?
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