Can donor-advised funds make pledges?

As donor-advised funds (DAFs) gain popularity among philanthropists and investors, questions arise about their capabilities and limitations. One common query: “Can donor-advised funds make pledges?” The short answer is no. This article will explore the reasons behind this restriction and provide alternative strategies for donors to support their favorite causes through DAFs.

​

The Fundamental Principle: DAFs Cannot Make Pledges

Donor-advised funds are philanthropic vehicles that allow donors to make charitable contributions, receive immediate tax benefits, and recommend grants to qualified organizations over time. However, IRS regulations stipulate that DAFs cannot make legally binding pledges. This restriction exists to ensure donors do not receive personal benefits or fulfill personal obligations using the fund.

It’s crucial to recognize the distinction between recommending a grant and making a pledge when utilizing DAFs managed by Endaoment or other providers. While donors can suggest grants to approved 501(c)(3) organizations, these recommendations cannot be treated as pledges due to legal and regulatory constraints.

​

Understanding Pledges vs. Grants from Donor-Advised Funds

To grasp why donor-advised funds cannot make pledges, it’s essential to understand the difference between a pledge and a grant:

• Pledge: A formal promise to give a specific amount of money to an organization, often with a set payment schedule. Pledges are legally binding commitments.
• Grant: A voluntary transfer of assets from a DAF to a qualified charitable organization, based on a donor’s recommendation but subject to approval by the DAF sponsor.

The key distinction lies in the legal obligation. Pledges create a personal financial commitment for the donor, while grants from DAFs are discretionary and cannot be guaranteed.

Endaoment’s grant recommendation process reinforces this difference. When recommending a grant, donors must confirm that the recommendation does not represent the payment of any pledge or other financial obligation.

​

The No Donor Benefit Rule and Its Implications for Pledges

The “No Donor Benefit” clause is a critical component of Endaoment’s Donor-Advised Fund Agreement. This clause prohibits donors from receiving any benefits or privileges in connection with grants made from their DAF. Examples of prohibited benefits include:

• Event tickets
• Auction items
• Admission to charitable events
• Payment of membership dues
• Discounts on goods or services

These restrictions prevent DAFs from being used to fulfill personal pledges, as doing so would constitute a direct benefit to the donor. Violating this rule could jeopardize the tax-deductible status of the original contribution to the DAF and potentially lead to penalties for both the donor and the sponsoring organization.

​

Consequences and Compliance: What Happens if a Pledge is Made

Attempting to use a donor-advised fund to fulfill a personal pledge can result in serious consequences:

1. Loss of tax deduction: The IRS may disallow the tax deduction for the original contribution to the DAF.
2. Excise taxes: Both the donor and the DAF sponsor could face excise taxes for improper use of charitable funds.
3. Legal issues: The donor may still be personally liable for fulfilling the pledge, even if a grant was made from the DAF.

To prevent these issues, Endaoment conducts a thorough due diligence process for all grant recommendations. This process ensures compliance with current laws and policies, effectively preventing the fulfillment of personal pledges through DAF grants.

​

Alternatives to Making Pledges Through DAFs

While donor-advised funds cannot make pledges, donors still have several options to support their favorite charities:

1. Make personal pledges outside of the DAF: Donors can make pledges using personal assets, separate from their DAF contributions.
2. Recommend recurring grants: Set up regular grant recommendations from the DAF to provide consistent support to organizations.
3. Communicate intentions: Inform charities about plans to recommend grants from a DAF, without making a binding commitment.
4. Use other assets: Make pledges using assets not held in the DAF, such as personal savings or income.

For tailored advice on strategic giving options that align with legal guidelines and personal philanthropic goals, donors can consult with Endaoment’s Philanthropy Advisors at admin@endaoment.org.

By understanding the limitations and exploring alternative strategies, donors can effectively leverage donor-advised funds to support their charitable objectives while remaining compliant with IRS regulations.