Congress has long been concerned with ensuring that contributions
for which tax deductions are claimed directly benefit charitable
activities. Private foundations, a traditional arrangement that
allows donations to non-active charitable entities, typically pay
grants out of earnings on donated assets. Another arrangement that
is growing rapidly is the donor advised fund (DAF). A taxpayer
contributes to a DAF, taking a tax deduction. The fund sponsor
makes grants to active charities, advised by the donor. Unlike
private foundations, DAFs are not required to pay out a certain
proportion of assets as grants each year. DAFs have become
increasingly popular in recent years, partly due to commercial
funds (e.g., Fidelity) with limited traditional charitable
interests. Provisions enacted in the Pension Protection Act of 2006
(P.L. 109-280) required DAF sponsors to report data on grants. The
data are reported at the sponsoring organization level, where
sponsoring organizations may maintain multiple individual DAF
accounts. The 2006 act also directed the Treasury Department to
study DAFs, with Congress expressing particular interest in issues
relating to potential restrictions on deductions and minimum payout
requirements. The Treasury study was released in 2011. Senator
Chuck Grassley, Senate Finance chairman at the time of the 2006
legislation, has criticized the study as being "disappointing and
nonresponsive." The Treasury did not recommend restrictions on
deductions (such as those that apply to private foundations where
grants are typically made out of earnings), appealing to the lack
of legal control by the donor. However, evidence from public
comments in the report and sponsor websites indicate that
sponsoring organizations typically follow the donor's advice, thus
suggesting that donors have effective control over donations and,
in some cases, investments. Private foundations have a 5% minimum
payout rate (and actual payouts are only slightly above that
amount). The Treasury also did not recommend a minimum payout for
DAFs, indicating that more years of data are needed. The Treasury
also appealed to the higher estimated average payout rate of DAF
sponsoring organizations (9.3% in 2006) as compared to foundations.
This report uses 2008 data to examine the minimum payout
requirement, finding results similar to those found by Treasury.
The average payout rate was 13.1%. More than 181,000 individual DAF
accounts were maintained by roughly 1,800 DAF sponsoring
organizations. Most individual accounts were maintained by
institutions with a large number of accounts (two-thirds of all DAF
accounts were held by sponsoring organizations that maintained at
least 500 accounts; nearly half of all DAF accounts were held by
commercial DAF institutions). Assets in DAF accounts were $29.5
billion, contributions were $7.1 billion, and DAF accounts paid out
$7.0 billion in grants. Because DAF accounts have heterogeneous
objectives, in some cases to manage giving with high payout rates
and in others to establish an asset base, a DAF sponsor can have a
high average payout rate although many accounts have little or no
payout. In both 2006 and 2008, a substantial share of DAF
sponsoring organizations paid out less than 5% of assets each year.
To provide some insight into the payout behavior of individual DAF
accounts, sponsoring organizations that reportedly maintained only
one DAF account in 2008 are analyzed separately. Although the
average payout rate was over 10%, more than 70% of DAF sponsoring
organizations with a single DAF account paid out less than 5%, and
53% had no grants. In contrast, less than 4% of sponsors with 100
or more accounts, accounting for 87% of DAF accounts, have a payout
rate of less than 5%. This suggests that a minimum payout rate for
sponsors would not be effective; an effective minimum payout
requirement would need to be applied to individual DAF accounts.
General
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