Q&A #7: DAFs, In-Kind Gifts, and Form 990-N: Understanding its Impact on the Public Support Test

Today we are returning to our Q&A series. It’s been a few weeks since we did one of these segments, and the questions just keep rolling in. For what it's worth, most of the questions addressed in these videos are received on our blog posts. We get tons from readers and some of them make for great conversation here on the UA-cam channel.
Today's topic: DAFs, In-Kind Gifts, Form 990-N, and the Public Support Test
📚 ADDITIONAL RESOURCES:
•VIDEO: Understanding the 501(c)(3) Public Support Test • Understanding the 501(...
•VIDEO: Nonprofits: DON'T Accept Donations of Pro Bono Services or Rent (Unless You Understand This) • Nonprofits: DON'T Acce...
•CHECK OUT OUR BLOG: www.501c3.org/blog/
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•Register for Fundraising TV: www.501c3.org/fundraising-tv/
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0:00 Introduction
0:55 Question #1 - DAFs and how they play a role in the Public Support Test
4:45 Question #2 -Form 990-N and the Public Support Test
6:22 Question #3 - Pro Bono vs Cash donations and the Public Support Test
7:51 Conclusion

[@FoundationGroup]

If you need help filing for IRS 501(c)(3) status, we’d love to help. Fill out the form at bit.ly/3i6rFxz or give us a call at 888-361-9445.

[@waynecmontgomery]

Hey Greg, Great video as always. However, should organizations needing to pass the public support test set up 509(a)(3) support organizations? Also what about funds coming from the federal government or similar government agencies how should they be counted? And I always think its important to break down the difference between 509(a)1 versus 509(a)2 public charities when it comes to the public support test. Also when does the 10% special circumstance rule come into play for 509 (a)1 charities?

[@gregmcray]

Great questions, Wayne. 509(a)(3)s are a good way to address public support concerns, as well. Also, money from gov't agencies are almost always going to count as public support grants or donations, unless they are vendor payments for contracted services. If that's the case, then it will usually be program revenue, which should be public support assuming they adopt a 509(a)(2) classification. The 10% facts-and-circumstances test comes into play whenever a public charity fails to meet the 1/3 test. If they have at least 10% public support, they can request the IRS to allow them to maintain public charity status due to qualifying activities and a plan to bring up the percentage to 1/3 levels. It's important to note, however, that the facts-and-circumstances test is a subjective decision by the IRS and shouldn't be considered a guarantee that it will work. It can be relied upon multiple years, but I don't advise it.

[@waynecmontgomery]

@@gregmcray Great answers !!! How are the Tennesse Volunteers doing this year?

[@FoundationGroup]

On any given Saturday, Wayne! Last weekend, not so much! Go Vols!

[@brendathompson5807]

Hello, our high school class just filed for501(c)3 which is all inclusive of all classes. Our question is; can any one class file their individual 501c (3) also. Thanks, for your help.

[@FoundationGroup]

Sorry for the delayed response. No, that wouldn't work, unfortunately.