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Nonprofit · Generator

The policy that lets you say no to a gift without saying no to the donor.

Most organisations write one the week after they accept something they should not have — a building with a roof problem, a restriction nobody can administer, a truck that costs more to move than it sells for. Answer the questions and this drafts it.

Your organisation

What you accept

Anything switched off appears in the policy as not accepted without a board resolution — which is the sentence that does the work.

The draft · 5 gift types accepted

GIFT ACCEPTANCE POLICY — [ORGANISATION LEGAL NAME]
DRAFT FOR BOARD AND COUNSEL REVIEW. NOT YET ADOPTED.

1. PURPOSE
This policy governs the acceptance of gifts by [Organisation legal name] and gives donors and their advisers a clear statement of what the organisation can and cannot accept. It exists so that a gift is never accepted that costs more to hold than it is worth, and so that no member of staff has to make that judgement alone.

2. RESPONSIBILITY
Gift Acceptance Committee is responsible for this policy and reviews it at least annually. Gifts identified below as requiring review, and any gift with a value above $25,000, any gift carrying a condition, restriction or naming right, and any gift of an asset the organisation cannot readily convert to cash, are referred to Gift Acceptance Committee before acceptance.

3. GIFTS ACCEPTED
3.1 Cash and cash equivalents
Cash, cheques, wire transfers, ACH and card payments are accepted without prior review, in any amount, and are recorded on the date received.
3.2 Publicly traded securities
Marketable securities are accepted and, unless the Board directs otherwise, sold on receipt. Value is recorded at the average of the high and low quoted prices on the date of transfer.
3.3 In-kind goods
Tangible goods are accepted where they can be used in programs, sold, or distributed for charitable purposes. Goods that carry storage, transport or disposal costs out of proportion to their value are declined.
3.4 Donated services
Volunteer services are welcomed and acknowledged. They are recognised in the financial statements only where they create or enhance a non-financial asset, or require specialised skills that would otherwise be purchased.
3.5 Bequests and planned gifts
Bequests, charitable remainder and lead trusts, and beneficiary designations are welcomed. The organisation does not serve as trustee, and encourages donors to name it in the singular legal name recorded below.

4. GIFTS NOT ACCEPTED
[Organisation legal name] does not accept the following without a specific resolution of Gift Acceptance Committee: real property; closely held or restricted securities; cryptocurrency and digital assets; life insurance; vehicles, boats and aircraft.

5. RIGHT TO DECLINE
[Organisation legal name] may decline any gift. A gift will be declined where it is inconsistent with the mission, where acceptance would expose the organisation to unacceptable financial, legal or reputational risk, where the restriction is too narrow to administer, or where the cost of holding, converting or disposing of the asset would exceed its value. A decision to decline is recorded, and the donor is told promptly and courteously.

6. RESTRICTIONS AND NAMING
Restricted gifts are accepted only where the restriction is documented in writing at the time of the gift and the organisation can reasonably satisfy it. Restricted funds are tracked separately and released only as the restriction is satisfied. A gift subject to a barrier the organisation must overcome, together with a right of return, is conditional and is not recorded as revenue until the barrier is overcome.

7. VALUATION, SUBSTANTIATION AND FILINGS
[Organisation legal name] does not appraise gifts and does not advise donors on the deductibility or value of a gift. Donors are encouraged to consult their own tax and legal advisers.
For any single contribution of $250 or more, the organisation provides a contemporaneous written acknowledgement stating the amount of cash or a description of any property received, and whether any goods or services were provided in return (IRC section 170(f)(8)).
Where a donor receives goods or services in return for a payment of more than $75, the organisation provides a written disclosure with a good-faith estimate of the value received (IRC section 6115).
Where a donor claims a deduction of more than $5,000 for noncash property, a qualified appraisal is the donor's responsibility. The organisation will sign Part V of Form 8283 Section B to acknowledge receipt; that signature acknowledges receipt only and is not agreement with the claimed value.
Where the organisation disposes of charitable deduction property within three years of receipt, it files Form 8282 within 125 days of the disposition. This does not apply to items valued at $500 or less, or to property distributed for charitable purposes.

8. REVIEW
This policy is reviewed annually by Gift Acceptance Committee and amended as the organisation's circumstances change.

PREPARED AS A DRAFT. Adopt only after review by the board and by counsel qualified in your jurisdiction. Compliance references are to United States federal law and were current when this was generated.

A draft, not advice, and not a substitute for counsel. The compliance clauses reference IRC sections 170(f)(8) and 6115 and IRS Forms 8283 and 8282 as they stand for United States organisations. Your state may add requirements — take this to your board and your lawyer before adopting it.