The Unique Alternative to the Big Four® Bridging the GAAP Between the Development and Accounting Departments Joanne Charles, Shawnee State University Angie Lewis, CPA, Crowe Horwath LLP Pete Ugo, CPA, Crowe Horwath LLP The Unique Alternative to the Big Four® Speaker Introductions Joanne Charles Shawnee State University Angie Lewis Crowe Horwath Pete Ugo Crowe Horwath Audit | Tax | Advisory | Risk | Performance © 2012 Crowe Horwath LLP 2 The Unique Alternative to the Big Four® Objectives What is the Issue? Why is it a Problem? Suggestions for “Bridging the ‘GAAP’” Examples of Gift Instruments with a Potential “GAAP” between Development and Accounting Audit | Tax | Advisory | Risk | Performance © 2012 Crowe Horwath LLP 3 The Unique Alternative to the Big Four® What is the Issue? Audit | Tax | Advisory | Risk | Performance © 2012 Crowe Horwath LLP 4 The Unique Alternative to the Big Four® Board of Directors Meeting Foundation / Development Department’s Portion of the Meeting Audit | Tax | Advisory | Risk | Performance © 2012 Crowe Horwath LLP 5 The Unique Alternative to the Big Four® Board of Directors Meeting Accounting Department’s Portion of the Meeting Accounting - GAAP Audit | Tax | Advisory | Risk | Performance Development/ Foundation © 2012 Crowe Horwath LLP 6 The Unique Alternative to the Big Four® Do You Think Like The Accounting or Development Department? Assessment test (yes or no) - “Yes” answers are strong indicators of “accounting” Audit | Tax | Advisory | Risk | Performance © 2012 Crowe Horwath LLP 7 The Unique Alternative to the Big Four® What is the Issue? Development “Counting” vs. Accounting “Recognition” Multi-year pledges Promises Grants Intent vs. promise/pledge In-kind contributions Discounted goods and services Bequests Remainder trusts Lead trusts Estate trusts Perpetual trusts Life insurance Publicly traded stock Private stock Conditions Naming rights Goods/services received by donor Audit | Tax | Advisory | Risk | Performance © 2012 Crowe Horwath LLP 8 The Unique Alternative to the Big Four® Examples of Different “Languages” What Development/Foundation May Hear from Donors: What Accounting WANTS to Hear: “The University is in my Will!” Irrevocable “My intention is to set up a scholarship endowment in my family’s name.” Promise to Give “As soon as the College opens the new School of Fine Arts, I will donate $1 million.” “I will donate $500 for a table at the upcoming dinner gala.” Unconditional Nonrecipirocal CASH “My company will provide a 20% discount on construction management services in relation to your upcoming capital project.” Audit | Tax | Advisory | Risk | Performance © 2012 Crowe Horwath LLP 9 The Unique Alternative to the Big Four® GAAP Contribution Definition ASC 958-605-20 (formerly known as FASB Statement #116) An unconditional transfer of cash or other assets to an entity or a settlement or cancellation of its liabilities in a voluntary nonreciprocal transfer by another entity acting other than as an owner. Those characteristics distinguish contributions from exchange transactions, which are reciprocal transfers in which each party receives and sacrifices approximately equal value; from investments by owners and distributions to owners, which are nonreciprocal transfers between an entity and its owners; and from other nonreciprocal transfers, such as impositions of taxes or legal judgments, fines, and thefts, which are not voluntary transfers. In a contribution transaction, the value, if any, returned to the resource provider is incidental to potential public benefits. In an exchange transaction, the potential public benefits are secondary to the potential proprietary benefits to the resource provider. The term contribution revenue is used to apply to transactions that are part of the entity's ongoing major or central activities (revenues), or are peripheral or incidental to the entity (gains). Audit | Tax | Advisory | Risk | Performance © 2012 Crowe Horwath LLP 10 The Unique Alternative to the Big Four® GAAP Contribution Definition ASC 958-605-25 (formerly known as FASB Statement #116) An unconditional promise to give shall be recognized when it is received. However, to be recognized there must be sufficient evidence in the form of verifiable documentation that a promise was made and received. A communication that does not indicate clearly whether it is a promise is considered an unconditional promise to give if it indicates an unconditional intention to give that is legally enforceable. Legal enforceability refers to the availability of legal remedies, not the intent to use them. Solicitations for donations that clearly include wording such as “information to be used for budget purposes only,” or that clearly and explicitly allow resource providers to rescind their indications that they will give, are intentions to give rather than promises to give and shall not be reported as contributions. Audit | Tax | Advisory | Risk | Performance © 2012 Crowe Horwath LLP 11 The Unique Alternative to the Big Four® Why is it a Problem? Audit | Tax | Advisory | Risk | Performance © 2012 Crowe Horwath LLP 12 The Unique Alternative to the Big Four® Why is the Development/Accounting “GAAP” a Problem? Management and staff confusion Board of Directors confusion Have we met our goal? Audited financial statements may be inconsistent with internal reports Audit adjustments and management letter comments May lead to distrust of internal reports When to give naming rights in a capital campaign? When to awards scholarships or fund program activities? Audit | Tax | Advisory | Risk | Performance © 2012 Crowe Horwath LLP 13 The Unique Alternative to the Big Four® Why is the Development/Accounting “GAAP” a Problem? When to start construction? Accounting not involved enough in key decisions Campaign goals and planning Gift counting decisions Complex donor agreements – gift annuity rates, payment terms, etc. Public acknowledgement of gifts before any cash received – what if donor does not pay? Budget grows to match development amounts…but accounting can’t make it “balance.” Donor relationship issues – what if your XYZ Building is open, and XYZ donor hasn’t paid a dime?! Audit | Tax | Advisory | Risk | Performance © 2012 Crowe Horwath LLP 14 The Unique Alternative to the Big Four® Suggestions for “Bridging the GAAP” Audit | Tax | Advisory | Risk | Performance © 2012 Crowe Horwath LLP 15 The Unique Alternative to the Big Four® Suggestion #1 – Understand the Fundraising Goal and What Will Actually Be Available to Spend Comprehensive Campaign (in millions): Major Gifts – silent phase Alumni appeal Faculty/employee appeal Outside foundations Government grants Miscellaneous $ 245 95 15 25 15 5 $400 Conclusion – We have a $400 million campaign! So if we meet our goal….we will have $400 million to spend!! Right??? Audit | Tax | Advisory | Risk | Performance © 2012 Crowe Horwath LLP 16 The Unique Alternative to the Big Four® Suggestion #1 Example “Bridging the GAAP” on Campaign’s Financials We Exceeded Our Goal!! Accounting – “Or did we?” Audit | Tax | Advisory | Risk | Performance © 2012 Crowe Horwath LLP 17 The Unique Alternative to the Big Four® Suggestion #1 Example Sources and Uses Financials Current Cash % of $465M Actual $ 242 Uses Fundraising costs Administrative costs 32 8 7% 2% 40 Left over to spend now Audit | Tax | Advisory | Risk | Performance $ 202 43% © 2012 Crowe Horwath LLP 18 The Unique Alternative to the Big Four® Suggestion #1 Example Lessons Learned From Campaign The accountants should be involved in planning for any fundraising campaign Reconcile the future rather than report the past - cash flow projections Share accounting information and concerns with development Make sure your “sources” have identified “uses” (so that others don’t think excessive spending is OK) Ensure that everyone knows what the balance sheet impact will be Audit | Tax | Advisory | Risk | Performance © 2012 Crowe Horwath LLP 19 The Unique Alternative to the Big Four® Suggestion #2 - Divide and Conquer Your Size How big is your institution acting? Net tuition revenue $25,000,000 Investment returns Philanthropy $50,000,000 $10,000,000 Audit | Tax | Advisory | Risk | Performance © 2012 Crowe Horwath LLP 20 The Unique Alternative to the Big Four® Suggestion #2 - Divide and Conquer Your Size Breakdown of Philanthropic $$ - Gross to Net Philanthropic revenue Fundraising costs Direct mail costs Net philanthropy $ $ 25,000,000 (5,000,000) (2,000,000) 18,000,000 Use of $18 Million Net Philanthropic $$ New faculty endowment Administration/Support Information systems upgrade Current scholarships / programs Application of net philanthropic $ to Operational Support * $ $ 5,000,000 3,500,000 2,500,000 5,000,000 2,000,000 *Need to clearly communicate the operational support to all parties early… easy to overspend when others are thinking at the gross level of $25M. Audit | Tax | Advisory | Risk | Performance © 2012 Crowe Horwath LLP 21 The Unique Alternative to the Big Four® Suggestion #3 – Divide and Conquer Your Development How much money is development really raising – and when (if ever) can it be used? Audit | Tax | Advisory | Risk | Performance © 2012 Crowe Horwath LLP 22 The Unique Alternative to the Big Four® Suggestion #4 – Keep the Board Informed (And remind everyone that it only “counts” once!) Temporarily Restricted Commitments and pledges - Time Restricted What are our prior commitments and pledges? What will be the new commitments? What prior commitments will be paid? What will be our balance at year end (time restricted) Restricted cash (Deferred gifts) – Purpose Restricted What is our prior total of deferred gifts (cash) What Cash will we receive What Deferred gifts will we use $ 35,000,000 15,000,000 $ (10,000,000) 40,000,000 $ 28,000,000 10,000,000 (24,000,000) $ 14,000,000 Unrestricted Uses of Development dollars Total Deferred gifts we will use Unrestricted cash we receive “Maturity” of planned gifts? Audit | Tax | Advisory | Risk | Performance $ 24,000,000 2,000,000 5,000,000 $ 31,000,000 © 2012 Crowe Horwath LLP 23 The Unique Alternative to the Big Four® Suggestion #5 – Benchmark Against Other Institutions Realizing the Power of Numbers NACUBO studies Other __ACUBO groups Total Revenue 300,000,000 US News & World Report iPeds Form 990 – Guidestar 250,000,000 200,000,000 Ask your peers 150,000,000 What to look at? Contribution revenue 100,000,000 50,000,000 Endowment size Fundraising expense % - Pledges receivable balance & fluctuations Net assets by classification (UR, TR, PR) Reserves (Unrestricted net assets less Board designated) Audit | Tax | Advisory | Risk | Performance © 2012 Crowe Horwath LLP 24 The Unique Alternative to the Big Four® Suggestion #6 – Reconcile Often Periodic reconciliation of development records vs. accounting records Validates completeness and existence of recorded contributions Tests the effectiveness of internal controls / segregation of duties Allows team to address issues in advance – don’t wait for the audit! AGREE Audit | Tax | Advisory | Risk | Performance © 2012 Crowe Horwath LLP 25 The Unique Alternative to the Big Four® Suggestion #7 – Develop and Document a Gift Counting Policy Establish parameters for determining if fundraising goal has been met How are revocable gifts “counted”? Endowment vs. capital or other temporarily restricted purposes Impact of planned gifts Other items that could be included: Certain types of gifts count toward specific fundraising categories Limit on number of years over which pledges may be paid Example Audit | Tax | Advisory | Risk | Performance © 2012 Crowe Horwath LLP 26 The Unique Alternative to the Big Four® Suggestion #8 – Develop and Document a Gift Acceptance Policy One of the most important reasons – it allows an organization to say “no thanks” to donor Provides consistency Removes case-by-case decision process and accompanying emotion/pressure Does your organization want to accept donor’s “gently used car” or “wonderful second home” Audit | Tax | Advisory | Risk | Performance © 2012 Crowe Horwath LLP 27 The Unique Alternative to the Big Four® Suggestion #9 – Consistent and Thorough Documentation Clear (and consistent) wording on all Pledge Cards and Donor Agreements Payment timing Restrictions (if any) Irrevocable? (regarding planned gifts) Promise rather than “intent” Donor’s signature Obtain review/input from both Accounting and Development Establish a process for reviewing deviations requested by donors Audit | Tax | Advisory | Risk | Performance © 2012 Crowe Horwath LLP 28 The Unique Alternative to the Big Four® Suggestion #10 – Communicate Often Frequent and scheduled interaction between Development and Accounting Keep the Board and other members of management informed Talk to your auditor throughout the year as complex gift transactions arise Audit | Tax | Advisory | Risk | Performance © 2012 Crowe Horwath LLP 29 The Unique Alternative to the Big Four® Examples of Gift Instruments with a Potential “GAAP” between Development and Accounting Audit | Tax | Advisory | Risk | Performance © 2012 Crowe Horwath LLP 30 The Unique Alternative to the Big Four® Example #1 – Bequest for Capital Campaign Mr. and Mrs. Generous are wealthy philanthropists who have made annual contributions to XYZ University for many years. XYZ is in the early stages of a $50 million capital campaign for a new classroom building. Mr. and Mrs. Generous met with XYZ’s VP of Development, and stated that they are updating their will to include a $35 million bequest to XYZ! VP of Development and President of XYZ want to name the new building in donor’s honor . Reactions and concerns from Accounting Department?? Audit | Tax | Advisory | Risk | Performance © 2012 Crowe Horwath LLP 31 The Unique Alternative to the Big Four® Example #1 – Bequest (Accounting Concerns) Bequest = not recordable as a pledge under GAAP Revocable Mrs. & Mrs. Generous are only 50 years old! Would you feel differently if they were 90 years old? How to fund the classroom building’s construction? Loans…and interest expense What if we rename the building, but never receive a dime? Main concern Development says XYZ has met 70% of the capital campaign goal Accounting says that XYZ has received no cash and has $0 GAAP contribution revenue $0 in cash vs. $50 million message? Audit | Tax | Advisory | Risk | Performance © 2012 Crowe Horwath LLP 32 The Unique Alternative to the Big Four® Example #1 – Bequest (What is next?) Consider an irrevocable trust Written documentation – maybe a “promise to give that is funded through estate?” Include building naming plans in written documentation, including impact if future payment not received Consult with Board of Directors Donor considerations History of previous pledge payments Stability of business/income Relationships Gift counting policy is an important part of campaign! Audit | Tax | Advisory | Risk | Performance © 2012 Crowe Horwath LLP 33 The Unique Alternative to the Big Four® Example #2 – Undocumented Pledges Mr. Donor met with President of ABC College, and informed President of Mr. Donor’s recent inheritance windfall. Mr. Donor (who has never donated to the College before) wants to direct several million dollars of his new found wealth to the College. Mr. Donor requests that gift be noted as “anonymous,” and indicates that his attorney will contact the College soon to work out a written agreement. Development’s position: record as a pledge in fundraising system, and publicity of large gift Why would this wealthy individual not pay his pledge? Accounting’s position: $0 of GAAP contribution revenue No history with this donor No written pledge agreement Accused of “raining on the parade,” as usual! Check presentation meetings cancelled Audit | Tax | Advisory | Risk | Performance © 2012 Crowe Horwath LLP 34 The Unique Alternative to the Big Four® Audit | Tax | Advisory | Risk | Performance © 2012 Crowe Horwath LLP 35 The Unique Alternative to the Big Four® Example #3 – Matching/Challenge Grant Outstanding University is running a fundraising campaign to increase its scholarship endowments University applied for a contribution from the Big Money Foundation (which is the private foundation of an alumni family) Big Money Foundation approved the request in the form of a matching grant To receive the $5 million gift from Big Money Foundation, the University must raise $5 million for this campaign from other sources (with restrictions on amount from any one individual donor, or from Board members and management) Development’s position: record in fundraising system and set scholarship criteria Accounting’s position: record as the required $5 million is raised Recognition = dollar for dollar What if one of the matching pledges is later deemed to be uncollectible? No scholarships awarded until funds are received and have earned an investment return Audit | Tax | Advisory | Risk | Performance © 2012 Crowe Horwath LLP 36 The Unique Alternative to the Big Four® Example #3 – Matching/Challenge Grant Conditional promise to give A promise to give that depends on the occurrence of a specified future and uncertain event to bind the promisor. ASC 958-605-25: Determining Whether a Promise Is Conditional or Unconditional 25-14: Determining whether a promise is conditional or unconditional can be difficult if it contains donor stipulations that do not clearly state whether the right to receive payment or delivery of the promised assets depends on meeting those stipulations. It may be difficult to determine whether those stipulations are conditions or restrictions. In cases of ambiguous donor stipulations, a promise containing stipulations that are not clearly unconditional shall be presumed to be a conditional promise. A conditional promise to give is considered unconditional if the possibility that the condition will not be met is remote. (See paragraph 958-605-55-16 for examples.) ASC 958-605-55:Implementation Guidance – Distinguishing Between Donor-Imposed Conditions and Donor-Imposed Restrictions 55-16: If the possibility that the condition will not be met is remote, a conditional promise to give is considered unconditional. For example, a stipulation that an annual report must be provided by the donee to receive subsequent annual payments on a multiyear promise is not a condition if the possibility of not meeting that administrative requirement is remote. Audit | Tax | Advisory | Risk | Performance © 2012 Crowe Horwath LLP 37 The Unique Alternative to the Big Four® Example #4 – Conditional Pledge Ms. Nice is a long-time supporter of ABC University. Ms. Nice sold her business for several million dollars a few years ago, and has been the University’s largest annual donor since then. She wants to support the expansion of University’s enrollment by contributing $20 million toward the cost of a new dormitory. $20 million will be contributed once the land for this new facility is purchased…as long as the University doesn’t pay “an arm and a leg” for the land. Concerns: Not recordable under GAAP until condition is met. How do you value “an arm and a leg?” Audit | Tax | Advisory | Risk | Performance © 2012 Crowe Horwath LLP 38 The Unique Alternative to the Big Four® Example #4 – Conditional Pledge (What is next?) Communicate with the donor about purchase price expectations Consider including a range of acceptable land purchase prices in the written pledge agreement Consult with Board of Directors Keep in contact with donor Documentation Other common examples of conditions: Matching/Challenge grant Installment payments contingent upon submission of satisfactory progress reports Pledge based on future event (i.e., college admission, graduation, new program started, etc.) Gift will be made after construction has started * Be careful to not confuse conditional pledges with exchange transactions Audit | Tax | Advisory | Risk | Performance © 2012 Crowe Horwath LLP 39 The Unique Alternative to the Big Four® Example #5 – Perpetual Trust XYZ College has been notified that it is a 50% beneficiary of a perpetual trust. Fair value of perpetual trust when XYZ was notified = $80 million (permanently restricted) Accounting and Development likely agree on the amount of contribution revenue (and beneficial interest asset) recorded = $40 million Accounting and Development disagreement likely relates to the fact that XYZ has $0 cash in hand today! Issues: Acknowledgement and publicity Don’t spend it all yet Annual distributions from trust’s earnings = revenue when received Changes in fair value of beneficial interest are recorded periodically Audit | Tax | Advisory | Risk | Performance © 2012 Crowe Horwath LLP 40 The Unique Alternative to the Big Four® Example #6 – In-Kind Contributions ASC 958-605-25-16: Contributions of services shall be recognized if the services received meet any of the following criteria: a) They create or enhance nonfinancial assets. b) They require specialized skills, are provided by individuals possessing those skills, and would typically need to be purchased if not provided by donation. Services requiring specialized skills are provided by accountants, architects, carpenters, doctors, electricians, lawyers, nurses, plumbers, teachers, and other professionals and craftsmen. Contributed services and promises to give services that do not meet these criteria shall not be recognized. Examples of conflicting Development/Accounting in-kinds: Unskilled volunteer services Board of Directors and Committee members’ volunteer time Pledge of future services (construction management, utilities, etc.) – record when received Free/discounted rent (may be recorded when pledged in some cases – written, term, etc.) *Items like those listed above are sometimes allowable for grant matching purposes, even if not recordable under GAAP. Audit | Tax | Advisory | Risk | Performance © 2012 Crowe Horwath LLP 41 The Unique Alternative to the Big Four® Other Examples of Accounting/Development Disagreements Pledged PTO from employees Retained variance power Forfeited PTO from management Multi-year pledge from supporting foundation that exists solely to support the institution CRATs, CRUTs, CLATs, CLUTs Life estate trusts Timing limitations on when donated stock may be sold Private company stock Donated coupons Donated collections Multi-year pledge with “intent” to extend into additional years Distributions from donor advised funds Questionable dates on contributions: Tax considerations Development has already hit goal, so “saving toward next year’s goal” None of these items are inherently “bad” Need to determine when and how they are counted Cash flow impact Audit | Tax | Advisory | Risk | Performance © 2012 Crowe Horwath LLP 42 The Unique Alternative to the Big Four® QUESTIONS? Joanne Charles Shawnee State University jcharles@shawnee.edu Audit | Tax | Advisory | Risk | Performance Angie Lewis, CPA Crowe Horwath LLP angie.lewis@crowehorwath.com Pete Ugo, CPA Crowe Horwath LLP pete.ugo@crowehorwath.com © 2012 Crowe Horwath LLP 43