Philanthropy plays a pivotal role in the financial planning of many affluent individuals, especially those with high-net-worth. Often, these individuals allocate a significant portion of their wealth to philanthropic causes, sometimes even more than what they leave for their family members. A prime example of this is The Giving Pledge, a movement initiated in 2010 by 40 of the wealthiest U.S. individuals, including Warren Buffett and Bill and Melinda Gates. This movement encourages wealthy individuals to commit to donating the majority of their wealth to charitable causes, either during their lifetime or upon their death. As of 2023, 241 individuals from 29 countries worldwide have signed the Pledge.
There are several aspects to consider when it comes to philanthropy. First, it’s important to understand how clients initially discover their areas of interest for charitable giving. This could be through personal experiences, research, or through the influence of others. Second, involving family members and others in the process can be beneficial. This can help to ensure that the philanthropic efforts align with the values and interests of the family as a whole. Lastly, the process for gifting needs to be implemented. This includes understanding the various structures available to achieve one’s charitable goals.
International philanthropy and making cross-border gifts are also important aspects to consider. These can present unique challenges and opportunities, and understanding the legal and logistical implications is crucial. It’s important to note that some of the content in Sections 3.1 to 3.3 is derived from “The Philanthropy Toolkit: An Introduction to Giving Effectively” (Stanford University, 2020).
When advising a high-net-worth individual like Bill Gates on their philanthropic endeavors, it’s essential to comprehend the various elements that shape their charitable giving. These elements encompass the client’s motivations for giving, such as Gates’ desire to eradicate polio, and their values, like his belief in equal access to opportunities. A private wealth advisor should be well-versed with Gates’ current philanthropic activities, like his donations to the Bill & Melinda Gates Foundation, the causes he supports, and his collaborators in these endeavors.
Moreover, the advisor should converse with Gates about his ultimate objective for his philanthropy. Gates, for instance, aims to effect change through mission-related investing, channeling a substantial portion of his wealth into initiatives fostering positive societal or environmental change.
Gates’ risk tolerance should also be assessed. Some missions, like starting a new venture, necessitate a certain level of risk tolerance. Alternatively, Gates may opt to back established charitable organizations with a proven track record, mitigating risk with his philanthropic donations.
Furthermore, the advisor should delve into the issues that matter to Gates and the philanthropic legacy he aspires to leave. Once the advisor comprehends Gates’ personal motivations, values, risk tolerance, and intended legacy, they can assist Gates in identifying a focus area or areas based on the issues most significant to him and the desired outcomes.
Grasping a client’s motivations for charitable giving is a pivotal aspect of the financial advisory process. This understanding can be achieved by asking open-ended reflection questions that guide the client on their journey of self-discovery. For instance, a financial advisor might ask a client like Bill Gates about his motivations for establishing the Bill & Melinda Gates Foundation, his hopes for the impact of his philanthropic gifts, and his immediate and long-term goals for philanthropy.
After understanding their motivations, it’s essential to identify the client’s values. These values can encompass a wide range of concepts such as compassion, education, equity, empowerment, inclusion, justice, kindness, liberty, social responsibility, and well-being, among others. For example, Warren Buffet’s commitment to philanthropy is driven by his value for education and healthcare.
Combining a client’s motivations and values can assist in formulating mission or focus statements. These statements clarify the client’s thinking about the overall aims of their charitable giving. They also concisely articulate specific issues of concern and how they may be addressed through the giving. For example, the mission statement of the Chan Zuckerberg Initiative, founded by Mark Zuckerberg and Priscilla Chan, reflects their motivation and values.
High-net-worth donors are increasingly seeking to collaborate with others who share a similar mission and focus. This collaboration can significantly enhance the impact of a charitable grant on a particular cause. There are several ways in which this collaboration can take place.
The most prevalent form of collaboration among wealthy donors is the pursuit of learning with others. This could involve joining an affinity group and sharing lessons learned. For instance, groups like the World Wildlife Fund for nature conservation or Amnesty International for human rights are platforms where knowledge exchange can occur.
Donors may choose to delegate their grant money to an existing, well-established entity. This type of collaboration often occurs with a community foundation, which is a public charity that accumulates funds from donors, typically aimed at a specific community. For example, Warren Buffett’s unrestricted gift of USD 30 billion to the Bill and Melinda Gates Foundation in 2006 is a real-world example of this type of collaboration.
Another form of collaboration is for a donor to combine their donation funds with another fund to make a larger impact. This could take the form of a donation to a specific private or public fund that works on an issue of interest to the donor. For instance, a donor interested in education might contribute to a fund like the Global Partnership for Education.
The two pivotal collaboration strategies in the fiel of funding and community service. The first strategy, coordination of funding strategies, involves identifying other donors who are funding similar issues and coordinating the funding to support each other’s work. For instance, if two organizations are working towards environmental conservation, they can pool their resources to have a greater impact. This strategy can help reduce overlap and allow for strategic planning to address a problem.
The second strategy, collaboration with the community to be served, involves donors identifying a community to serve and may decide to work closely with or even cede decision making about the grant to the individuals working within that community. This could be likened to a multinational corporation working with local communities to understand their needs better. This type of collaboration may involve a listening tour, where donors meet with leaders and staff spearheading the chosen activity to learn and build a rapport. Some donors may wish to have a seat at the decision-making table or alternatively engage in an active partnership with the community leaders. The primary benefit of this approach is the strengthening of trust between the donor and the community.
Involving family members in philanthropic activities can offer numerous benefits, from financial education to enhanced family cohesion. This section explores the advantages and methods of family involvement in philanthropy.
Philanthropy is a significant aspect of many families, especially those with substantial wealth. Involving family members in philanthropic activities can foster a sense of unity and shared purpose. However, it’s crucial to consider the roles and dynamics within the family before involving them.
Family members can play various roles in philanthropy. For instance, Bill Gates, the founder of Microsoft, involved his family in his philanthropic activities. His daughter, Jennifer Gates, serves as an advisor, providing feedback on the philanthropic goals and plans. Similarly, his son, Rory Gates, is an implementer, researching how and where to give to implement the philanthropic goals. In some families, a member may be designated to lead the philanthropy currently or to be a successor to the donor, like in the case of the Rockefeller family.
Before involving family in philanthropy, it’s essential to understand the family dynamics. For instance, in the Walton family, founders of Walmart, one family member might be more interested or suited in actively participating in charitable pursuits than another. Family members may have diverse philanthropic goals that differ from those of the donor and other family members. In such cases, careful navigation is required to determine the optimal method for involving family in philanthropy.
Philanthropic gifting involves various methods and vehicles, each designed to facilitate the process of making donations. For instance, a person might choose to donate to a non-profit organization like the Red Cross.
The most prevalent method of philanthropic gifting is an outright cash gift to a chosen charity. In countries like the United States, such a donation may qualify the donor for a charitable income tax deduction.
Another effective method is gifting appreciated securities to the charitable organization. This method not only provides a tax deduction based on the full fair market value of the securities but also eliminates the need to sell the securities, realize the taxable gain, and then make the gift in cash. It can also serve a portfolio management function, such as allowing for tax-efficient rebalancing or reducing tracking error to a benchmark without recognizing gains.
In the United States, individuals can make a gift of up to USD 100,000 via a required minimum distribution from a retirement plan. This amount would escape income tax that would otherwise be payable if the required distribution were made directly to the individual. This technique is known as a qualified charitable distribution.
A private foundation is a distinct legal entity, established exclusively for charitable purposes. It often mirrors a family’s philanthropic vision. For instance, Bill and Melinda Gates Foundation, a private foundation, was established by the Gates family to enhance healthcare and reduce extreme poverty globally. The donor can establish a foundation, fund it with various assets, and receive a tax deduction for these contributions.
Key Features of Private Foundations are:
For affluent individuals seeking to make a significant impact through philanthropy, two key vehicles are Private Foundations and DAF . Each serves a unique purpose and carries distinct requirements, offering a comprehensive approach to charitable giving when used in tandem.
Private foundations, such as the Bill and Melinda Gates Foundation, are mandated by U.S. law to distribute at least 5% of their assets annually to charitable causes. This can be a hurdle for large foundations, particularly in their formative years when their philanthropic focus is still being defined. Non-compliance with this distribution requirement can result in penalties.
DAFs, like the Fidelity Charitable Gift Fund, are public charities and thus, are not subject to the same distribution requirements as private foundations. A private foundation can meet its distribution requirement by transferring a portion or all of its required distribution into a DAF, which can then allocate the funds to charities in the following years.
Operating both a private foundation and a DAF provides several advantages. One key benefit is the ability to donate anonymously through the DAF, a feature not available with private foundations due to public disclosure requirements. Private foundations in the U.S. must submit an annual form detailing their grants, investments, total spending, and expenses to the tax authorities. This form is publicly available, eliminating the possibility of anonymous giving.
Limited Liability Companies (LLCs) are a popular choice for ultra-high-net-worth individuals for their philanthropic endeavors. The primary advantage of an LLC is its ability to limit the owners’ liability against lawsuits, thereby safeguarding the personal assets of the owners from any legal claims against the business.
Unlike a private foundation, an LLC offers more flexibility and privacy due to the absence of annual distribution requirements or public filing requirements. This allows the owners to conduct their charitable activities with greater discretion.
An important aspect to note is that the donor does not receive a charitable tax deduction upon funding the LLC. However, such a tax deduction is received when the LLC makes a charitable contribution. This can be a significant advantage for individuals who want to make large charitable contributions while also benefiting from tax deductions.
The LLC is governed by its owners, who have the ability to actively manage the LLC and direct its contributions to charitable activities. They can also make direct donations to other charities. This provides the owners with a high degree of control over the charitable activities of the LLC.
A real-world example of an LLC charitable structure is the Chan Zuckerberg Initiative. This was created by Meta founder Mark Zuckerberg and his wife Priscilla Chan in 2015. This initiative demonstrates how an LLC can be used effectively for charitable giving.
Planned giving is a strategic approach to philanthropy that involves making contributions to charitable organizations through one’s estate plan. This can include various types of charitable trusts and bequests under a will. A key instrument used in this process is the Charitable Remainder Trust (CRT).
A CRT is a financial tool used predominantly in the United States for philanthropic purposes. It is designed to provide an income stream to the donor or other beneficiaries, while also committing the remaining assets (the remainder) to a future gift to charity. This arrangement combines the donor’s desire for income, tax efficiency, and charitable giving. For instance, a wealthy individual might set up a CRT to provide income for their spouse, while also ensuring a significant future donation to a charity they support.
If Bill Gates sets up a CRT, he and his wife Melinda would be the initial beneficiaries. If both are US citizens, there is no gift tax upon its creation. The donor receives a charitable income tax deduction in the year the trust is established for the remainder value of the trust that will ultimately pass to the charity or charities.
To qualify for this deduction, the actuarial value of the CRT’s remainder must equal at least 10% of the initial fair market value of the trust assets. The CRT’s remainder may be paid to the donor’s Donor Advised Fund (DAF) or to the donor’s private foundation, although there are special rules when the private foundation is the remainder charity.
Typically, wealthy donors create a CRT to obtain the charitable tax deduction, to continue to receive a lifetime benefit from the assets transferred, and to benefit the charity when the trust terminates. Using appreciated securities and other property to fund a CRT allows the donor to diversify the assets transferred to the trust with no immediate capital gains taxes. However, as distributions are made to the individual beneficiaries, they may be responsible for capital gains tax consequences.
A CLT is an irrevocable trust that allows a donor to contribute assets to a trust, which then makes predetermined payments to one or more charities for a set term. This term can be for a specific number of years or the lifetime of one or more individuals. For instance, if Bill Gates sets up a CLT, he could have the trust pay out to the Bill & Melinda Gates Foundation for a set number of years. The payments can be either a fixed sum, known as a Charitable Lead Annuity Trust (CLAT), or a variable sum based on a percentage of the trust assets, known as a Charitable Lead Unitrust (CLUT).
At the end of the trust term, the remaining assets are distributed to the non-charitable beneficiaries, usually the donor’s heirs. For example, Bill Gates’ children could be the beneficiaries of the remaining assets.
The tax benefits of creating a non-grantor CLT, upon the donor’s death via a will, are two-fold:
A strategy often used is a zeroed-out CLAT, which is a CLAT with an annuity so large that the actuarial remainder value is zero. If the property contributed to the CLAT has appreciated significantly, then the remainder can have significant market value despite its actuarial calculation of zero, and that appreciation will pass tax free to the remainder individual beneficiaries.
High-net-worth individuals often participate in cross-border philanthropy, a practice of donating to causes outside their home country. This form of philanthropy presents unique challenges and considerations, requiring a comprehensive understanding of the geographic area and issues they wish to support. This understanding can be enhanced by partnering with an entity knowledgeable about the area and issues.
One of the key areas requiring scrutiny in cross-border philanthropy is risk mitigation. For instance, there is a significant risk of donating to an organization involved in illegal activities such as money laundering. A real-world example is the case of US donors who need to be aware of the restrictions imposed by the PATRIOT Act, a law enacted in 2001 to prevent the funding of terrorist activities.
The question of who is ultimately responsible for the good stewardship of the donation can be complex in international giving. This is due to the many entities that could potentially be responsible, such as a local non-profit, an intermediary organization, or a domestically based organization. It is essential for donors to have clarity on which entity is responsible to ensure they receive the accountability they expect. In emergency funding situations, there is also the question of whether the organization can expect further funding once the crisis passes. Donors should be clear about what the donee organization can expect in terms of future funding.
In the current globalized era, Cross-Cultural Competency is a vital skill. It involves the ability to function effectively across different cultural contexts, particularly in the dynamic international environment where political issues are constantly evolving. This dynamism often poses challenges for donors in obtaining reliable, current information.
As per Winer and Brill (2018), to work effectively across cultures, it is essential to have explicit policies and practices in place. These should be guided by a deliberate set of principles and ethics. For example, a multinational corporation like Google must respect local cultures in its global offices to avoid negative impacts.
Donors are often advised to make cross-border donations through intermediaries, such as renowned international aid organizations like UNICEF. These organizations possess the expertise and resources to navigate the international landscape more proficiently, ensuring donations are used effectively and ethically.
US Cross-Border Grantmaking is a complex process that involves a series of regulations both from the US and foreign countries. Foundations that participate in this process must establish compliance protocols to ensure adherence to these regulations.
According to Hart (2018), there are several key areas of responsibility for grantmakers. One of these areas is the rules of the US Internal Revenue Code for qualifying grants under the charitable contribution rules.
There are two main rules that define this qualification. The first rule is the equivalency determination. This is the process of determining that the donee non-US charity is the equivalent of a US public charity. For instance, a charity in the UK, such as the British Red Cross, would need to meet the same criteria as a US charity like the American Red Cross to qualify.
The second key rule is expenditure responsibility. This is the process of determining that a foreign charity will use the grant for appropriate purposes. This process involves four steps: a pre-grant inquiry, a written grant agreement, a reporting mechanism from the donee, and a filing by the non-US charity to the US tax authorities.
Charitable giving is a significant aspect of many societies, influenced by regional legal structures, cultural norms, and tax policies. This note focuses on the mechanisms of charitable giving in Europe and Asia, with a particular emphasis on common law jurisdictions like the United Kingdom, Hong Kong SAR, and Singapore.
In common law systems, charitable giving often takes place through two main vehicles: charitable trusts and foundations. For instance, consider the Bill and Melinda Gates Foundation in the United States, a real-world example of a foundation. The donor, in this case, Bill and Melinda Gates, endows the foundation with assets. The foundation’s board then manages these assets to generate income for charitable activities. Similarly, the Wellcome Trust in the United Kingdom is an example of a charitable trust where the donor transfers assets to a trustee who manages them for charitable purposes. Both these mechanisms typically receive tax exemptions on income and capital gains, and donations may be tax-deductible for the donor.
The concept of charitable giving vehicles in civil law jurisdictions. Unlike common law jurisdictions, civil law jurisdictions typically do not recognize trusts. However, some have enacted trust legislation, such as the Hague Trust Convention, which is recognized by 14 countries. In these jurisdictions, the approach to charitable giving emphasizes more on direct tax subsidies and less on trust law.
Wealthy individuals in civil law countries like France and Germany often use various types of vehicles for charitable giving. The choice of vehicle and its tax efficiency can vary significantly, but they generally strike a balance between promoting philanthropy and ensuring accountability.
Practice Questions
Question 1: Philanthropy is a significant objective for many high-net-worth individuals, often receiving the largest portion of their wealth. Which of the following is not a key aspect to consider when it comes to philanthropy?
- How clients discover their areas of interest for charitable giving
- The process for gifting
- The tax implications of the client’s business ventures
Answer: Choice C is correct.
The tax implications of the client’s business ventures are not a key aspect to consider when it comes to philanthropy. While tax implications can be a factor in the overall financial planning of a high-net-worth individual, they are not directly related to the process of philanthropy. Philanthropy is about giving back to the community or supporting causes that the individual is passionate about. It involves identifying areas of interest for charitable giving, involving family members in the process, and understanding the process for gifting. These are the key aspects that need to be considered when advising clients on philanthropy.
Choice A is incorrect. How clients discover their areas of interest for charitable giving is indeed a key aspect to consider when it comes to philanthropy. This involves understanding the client’s passions, values, and interests, and helping them identify charitable causes that align with these. This is a crucial step in the philanthropic process as it ensures that the client’s charitable giving is meaningful and impactful.
Choice B is incorrect. The process for gifting is also a key aspect to consider when it comes to philanthropy. This involves understanding the various ways in which a client can make charitable donations, such as through direct donations, setting up a charitable trust, or establishing a foundation. It also involves understanding the legal and tax implications of these different methods of giving. This knowledge is crucial in helping clients make informed decisions about their philanthropic activities.
Question 2: Why is it beneficial to involve family members in the philanthropic process?
- To ensure that the philanthropic efforts align with the values and interests of the family
- To increase the amount of donation
- To reduce the tax liability
Answer: Choice A is correct.
Involving family members in the philanthropic process is beneficial primarily to ensure that the philanthropic efforts align with the values and interests of the family as a whole. Philanthropy is not just about giving money, but also about making a difference and leaving a legacy. By involving family members in the process, it ensures that the causes and organizations supported are ones that resonate with the family’s values and interests. This can lead to more meaningful and impactful giving. Additionally, involving family members can also help to instill a sense of social responsibility and philanthropic values in younger generations. It can be a way to teach them about the importance of giving back to the community and helping those in need. It can also be a way to bring the family together and strengthen family bonds.
Choice B is incorrect. While involving family members in the philanthropic process might potentially lead to an increase in the amount of donation, it is not the primary reason for their involvement. The main benefit of involving family members is to ensure alignment with family values and interests, not to increase the donation amount.
Choice C is incorrect. While certain philanthropic structures can provide tax benefits, reducing tax liability is not the primary reason to involve family members in the philanthropic process. The main benefit is to ensure alignment with family values and interests. Furthermore, tax laws vary by country and the specific tax benefits of philanthropy depend on a variety of factors, including the type of donation, the type of charitable organization, and the donor’s tax situation. Therefore, while tax considerations can be a factor in philanthropic planning, they should not be the main driver of philanthropic decisions.
Private Wealth Pathway Volume 2: Learning Module 7: Transferring the Wealth; LOS 7(c): Discuss and recommend appropriate wealth management planning approaches for the preservation of wealth across multiple generations through charitable giving and philanthropy