“Don’t look a gift horse in the mouth.” The saying often rings true, but, as with most rules of etiquette, there are exceptions. In fact, nonprofits that follow this proverb could land in a horse-load of trouble.
Nonprofits should exercise due diligence when it comes to accepting potential gifts. Hasty acceptance of a problematic noncash asset could lead to all sorts of liability, burdening your nonprofit’s mission instead of enhancing it.
For instance, imagine that Phil Fumbles wants to benefit his favorite charity with a gift of real property in another state. Trusting Phil’s good intentions, the charity accepts the generous gift, sight unseen. Only when the charity tries to sell the property do they learn that it is heavily contaminated by a chemical spill and subject to an ongoing lawsuit. No one wants to buy this less-than-desirable property, so the charity is stuck with a big environmental cleanup project, hefty attorney fees and a PR mess.
Gifts with undesirable strings attached are not uncommon, but don’t let the risk scare your nonprofit away from accepting all noncash assets. Instead of immediately accepting or rejecting a potentially problematic noncash gift, act with caution and weigh risks using the steps outlined in your organization’s gift acceptance policy.
Gift Acceptance Policy Basics
A gift acceptance policy acts as a rulebook to guide employees in determining whether to accept or reject a particular gift. It allows your nonprofit to formalize a cautious approach and serves to protect your nonprofit’s mission, guard its fiduciary responsibility and help donors avoid tax deduction missteps.
Gift acceptance policies outline actionable steps that your nonprofit should take before accepting any noncash asset. These precautions are put in place to uncover any hidden costs and liabilities and to assist your nonprofit in consistent decision making. An objective set of rules protects a nonprofit employee from playing favoritism or from accepting a problematic gift just to avoid offending a donor.
Gift Acceptance Policy Elements
Your gift acceptance policy should be tailored to the needs of your nonprofit, ensuring that all gifts align with the organization’s mission and values. Not all gifts carry the same level of risk. While cash and publicly traded securities are generally straightforward, other assets may require additional review. The policy should identify authorized gift types as well as categories of complex assets that your organization may encounter, such as:
- Real estate
- Mineral interests
- Closely held business interests
- Tangible personal property
- Cryptocurrency
The policy should outline the due diligence required for complex assets and specify when additional review is required. Additional diligence may be needed if the gift presents any of the following concerns:
- Debt-encumbered property
- Environmental concerns
- Potential UBTI consequences
- Ongoing management obligations
- Lack of marketability
- Reputational concerns
The policy should address how to evaluate donor restrictions on the gift, listing permissible restrictions and procedures for documenting donor intent. Outline steps for reviewing the feasibility of restricted gifts. If a restriction is too burdensome, the policy should suggest modification clauses and encourage working with the donor to introduce flexibility to the restrictions. A workable restriction balances donor intent with long-term flexibility for evolving nonprofit needs.
Finally, the policy should clearly define who has authority for accepting gifts. Which gifts may be accepted by individual staff members, and which require committee or board approval? It should balance both fiduciary responsibility and efficiency when outlining approval authority.
When to Bring in Experts
When extra diligence is required, the policy should recommend consulting independent professional advisors such as inspectors, real estate agents, landmen, attorneys and accountants. For instance, the gift acceptance policy might specify that a nonprofit representative personally visits a piece of property or hires a professional inspector before accepting a gift of real estate. Likewise, consult advisors for tasks such as ownership verification, title review, valuation and marketability, and tax and legal assessment.
In some cases, the nonprofit will determine that the gift is too complex for their internal team to handle. Rather than declining the gift outright, the policy may identify third-party organizations that can accept, manage and liquidate the asset on the nonprofit’s behalf.
When to Accept or Decline a Gift
The policy should state criteria that necessitate declining gifts, particularly if they create excessive risk, cost or conflict with organizational mission and values.
If accepting the gift, the policy should outline which assets to promptly sell and which assets can be retained. It should specify the process for liquidating gifts as well as procedures for managing gifts long-term.
Conflicts and Disclaimers
The policy should require conflicts of interest checks and suggest disclaimers to include when communicating with donors. For instance, mention these precautions:
- Donors should seek their own legal, tax and financial advisors.
- Donors are responsible for obtaining a qualified appraisal when required by law.
- The organization will not assign values to donated property.
- The nonprofit will provide gift receipts and acknowledgments that comply with IRS requirements.
Conclusion
Finally, provide steps for periodic review of the policy and regular staff training. A gift acceptance policy is only effective if employees understand when and how to apply it. Make sure the policy is known and used organization wide. As nonprofit needs change, remember to revisit the policy regularly, discuss with leadership and revise provisions as needed.
A well-designed gift acceptance policy protects both your nonprofit and your donors, so think carefully and mold it to the shape of your organization’s mission and risk tolerance.
If you have questions about shaping your nonprofit’s gift acceptance policy, our Trust and Legal team is here to help. Please reach out to us at 214.978.3300 or legalteam@highgroundadvisors.org.



































