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Part One Part Two Part Three Part Four
The United Methodist Church Foundation Policy and Procedure for Potential Gifts of Partnership Interests
I. AUTHORITY TO NEGOTIATE
The Executive Director and the President of the UMC Foundation
will have the overall authority to handle inquiries, negotiate
with donors, assemble documentation, and execute agreements
on behalf of The UMC Foundation. Assuming such activities
follow approved procedures and assuming such agreements are
approved by the Foundations legal counsel, this authority
to act will not require review or further approval by the
Board of Directors.
II. GENERAL GUIDELINES
Contributions of partnership interests to the UMC Foundation
raise several issues which bear on the advisability of accepting
the contribution. These issues include (i) exposure to creditors,
claims and contingent liabilities; (ii) GCF.s obligations
to obtain a reasonable rate of return and to invest prudently;
(iii) possible exposure to the unrelated business income tax
(UBIT); (iv) possible adverse effects to GCF.s tax-exempt
status; and (v) the nature of the partnership.s activities.
The purpose of this Policy and Procedure is to assure that
these issues are addressed prior to the acceptance of a contribution
of a partnership interest.
A. Type of Interest: The UMC Foundation will only accept
contributions of limited partnership interests. The UMC Foundation
cannot accept general partnership interests, due to the exposure
to claims of creditors and other liabilities.
B. Nature of Activity: The UMC
Foundation will only accept interests in passive, investment-type
partnerships, such as those holding rental real estate, stocks,
bonds, and other investments. GCF cannot accept interests
in partnerships that carry on an active, for-profit business.
In addition, the UMC Foundation will not accept contributions
of limited partnership interests where the nature of the partnerships
activities is not consistent with the mission and objectives
of the Foundation.
C. Sale or Liquidation:It
should appear reasonably certain that the partnership will
be sold or liquidated and its assets distributed within a
specific time frame, not to exceed three to five years.
III. RESPONSIBILITIES OF THE DONOR<
A. Documentation. The following
documentation must be submitted to the Foundation before a
proposed gift of a partnership interest can be accepted:
Partnership Agreement. A copy
of the partnership agreement. The Foundation.s legal counsel
will review the limited partnership agreement to determine
the nature of the interest being contributed and the activities
of the partnership and whether there are any potential liabilities
associated with holding the limited partnership interest,
such as capital calls or contingent liabilities.
Income Tax Return. A copy
of the most recent federal income tax for the partnership
(Form 1065) and the most recent Schedule K-1 that the donor
has received from the partnership. The Schedule K-1 will
be reviewed to determine the nature of the income generated
by the partnership (active versus passive).
Appraisal. If requested,
a qualified appraisal complying with IRS regulations for
the purposes of establishing the value of the gift for federal
income tax purposes, including the preparation of Form 8283
(Noncash Charitable Contributions.) See Treas. Reg 1.170A-13(a).
Description of Activities.
A description of the activities in which the partnership
engages. If the partnership owns real property, this description
should include a description of the property, its location
and the current use(s) of such property.
Transfer Instrument. A copy
of the proposed instrument that will be used to transfer
the partnership interest to the Foundation. The transfer
instrument should include a warranty that the interest is
free and clear of all claims and liens. The proposed transfer
instrument will be reviewed by the Foundation.s legal counsel
prior to acceptance by the Foundation.
Confirmation of Sale or Liquidation.
A written statement from the general partner of the partnership,
confirming the likelihood that the partnership will be sold
or liquidated and its assets distributed within three to
five years following the date of the transfer.
Administrative Expenses.
Prior to acceptance of the partnership interest, the Foundation
and the donor must agree in writing on arrangements for
paying expenses associated with the partnership interest.
In general, it is expected that the donor will agree that
UBIT and the Foundation.s associated administrative costs
(accounting expenses and tax return preparation) will be
charged against the fund holding the partnership interest.
In addition, there should be adequate assurance that the
affected fund will have adequate cash to pay the tax and
associated costs, either from the investment itself or from
further contributions from the donor. In some cases, partnerships
will not distribute sufficient cash to pay the tax, and
in these cases, the donor should agree to contribute additional
cash to the fund to pay the tax and associated costs.
B. Advance Approval.The required
documentation should be submitted to the Foundation sufficiently
in advance of the anticipated date of the gift as to allow
the Foundation adequate time to evaluate the proposed gift.
For gifts that are to be made at or before the end of the
calendar year, the required documentation should be submitted
prior to December 15.
C. Bequests. Donors are encouraged
to discuss contemplated bequests before finalizing their wills.
Partnership interests that are bequeathed to the Foundation
will be evaluated in accordance with this Policy and Procedure
like all other gifts of partnership interests.
IV. PROCEDURE FOR ACCEPTING PARTNERSHIP INTERESTS
A. Acceptance. After the requirements
of this Policy and Procedure have been satisfied, the Executive
Director will have the authority to accept or decline a gift
of a partnership interest.
B. Declination. The Executive
Director may decline to accept any offered gift of a partnership
interest that is judged not to be in the best interests of
the Foundation.
C. Acceptance Agreement. Prior
to or upon transfer of the interest to the Foundation, the
donor and the Foundation will sign an agreement (approved
by legal counsel) stating the terms of the gift, which shall
specify that there are not restrictions on the Foundation.s
right to use or convey the property.
D. IRS Form 8282. In addition,
the donor will be advised that if the property listed in IRS
Form 8283 is sold, liquidated, or otherwise disposed of within
two years of receipt, the UMC Foundation is required to file
a separate report within 125 days with the IRS on IRS Form
8282 (Donee Information Return.) and disclose facts about
the disposition. See Treas. Reg. 1.6050L-1.
V. WHAT THE FOUNDATION WILL NOT DO
A. Donor Expenses.
Except in extraordinary circumstances, the Foundation will not pay for
legal assistance, appraisals or other services on behalf of the donor.
B. Corroboration of Value. The
Foundation will not establish or corroborate the value of
any property for the purpose of substantiating the donor's
income tax charitable deduction.
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