Policy:Gift policy: Difference between revisions

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New page: =='''WIKIMEDIA FOUNDATION GIFT POLICY'''== ===Definition of Gift=== # A gift or donation (gift) is a voluntary, irrevocable transfer of assets (e.g. cash, securities, real or personal pro...
 
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<languages />{{DISPLAYTITLE:<translate><!--T:1--> Wikimedia Foundation Gift Policy</translate>}}
=='''WIKIMEDIA FOUNDATION GIFT POLICY'''==
{{policy-board}}
===Definition of Gift===
:<translate><!--T:2-->
# A gift or donation (gift) is a voluntary, irrevocable transfer of assets (e.g. cash, securities, real or personal property) made by a donor without any expectation or receipt of direct economic benefit or tangible compensation (i.e., goods or services) from the recipient commensurate with the worth of the gift.
''Please also see the [[<tvar name="1">Special:MyLanguage/Policy:Donor privacy policy</tvar>|Donor Privacy Policy]].''
# The donor may direct assets for a specific purpose (e.g. project), program, or asset purchase whereby the gift is considered "restricted."
# Gifts of cash and fungible assets may include a conditional clause that provides for “matching” donations, for which (1) a not-to-exceed amount and (2) date of termination of the applicable “matching” condition, are specified.
# In all other cases, the gift is "unrestricted" or "undesignated" and can be used at the Foundation's discretion. The gift may or may not involve an expectation of an "informal" summary at the end of the giving period.
==Policy==
===Policy===
# If any one of the following indicators exists, the Wikimedia Foundation, Inc., (Foundation) shall have responsibility for solicitation, negotiation, receipt, and administration of the gift or donation.
# The gift is from a private individual, corporation, trust, or foundation.
# The gift is from a non-governmental not-for-profit source.
# The gift specifies conditions or stipulations placed on the intended use of the gift which do not constitute a grant, contract, or other sponsored agreement, but do direct the funds to support general Foundation mission and functions.
# The donor specifically intends the award to be a charitable gift as reflected by the characteristics of the award instrument and pertinent documentation and as defined by the IRS.
# The donor intends the gift to be irrevocable and, therefore, relinquishes the right to reclaim the gift or any unused remainder. (There can be certain "challenge grant" situations, whereby not securing the appropriate level of funding negates the gift.)
# The donor makes the gift without expectation of direct economic benefit or other tangible benefit commensurate with the worth of the gift. Indirect benefits such as tax advantages, business or personal goodwill derived from close association with the Foundation, including website “thank you” messages, and miscellaneous benefits derived from acknowledgement of donor status are not sufficient to negate gift intent.
==Gift Procedures==
===Gift Procedures===
# All gift solicitations and negotiations should be coordinated with the Foundation Grants Coordinator, or in his absence, the Executive Director.
# Prior to acceptance by the Foundation, all gifts are subject to the approval of the Grants Coordinator, Executive Director, General Counsel, or by the Foundation Board. Any gift or donation with terms or conditions which would violate law or the policies and procedures of the Foundation will not be accepted.
# Cash, checks, negotiable securities, and other forms of donation must be accompanied by proper documentation specifying the donor's name and address as well as the donor's wishes (if any) with respect to the use of the gift and the intended recipient of the gift.
# Donations through electronic means must be logged and electronic information identifying the donor and donation retained.
# Designations of unrestricted gifts to the Foundation, including bequests, are made through a review process specified by the Executive Director and Foundation Grants Coordinator.
# All gifts transmitted to the Foundation must be recorded through the Foundation's gift recording and accounting system within two business days of receipt.
# Upon acceptance, the Foundation will provide the donor with gift acknowledgment adhering to Internal Revenue Service guidelines and all applicable laws.
# If the gift is to be used as a required match or cost sharing on a grant, the Foundation will coordinate with the Foundation’s Grant Coordinator, or in his absence, the Executive Director.
# The Foundation provides stewardship functions for the gift and maintains records that can be audited.


<!--T:3-->
==POLICY ON THE RECEIPT OF GIFTS==
This policy was initially approved by the board in 2007–2008 with [[<tvar name="1">Special:MyLanguage/Resolution:Gift Policy</tvar>|Resolution:Gift Policy]]. It was most recently revised in February 2021 with [[<tvar name="2">Special:MyLanguage/Resolution:Gift Policy Amendments, 2021</tvar>|Resolution:Gift Policy Amendments, 2021]]
# All gifts and matching gifts from individuals, foundations, corporations, trusts, etc., and other donations such as real property transmitted to the Foundation must be recorded through the Foundation's gift recording and accounting system within two business days of receipt. Proper documentation specifying the name and address of the individual donor as well as the donor's wishes with respect to the use of the gift (if any) and the intended recipient of the gift must accompany cash, checks, negotiable securities, and other forms of donation. The Foundation will provide the donor with acknowledgment of all gifts keeping in mind Internal Revenue Service guidelines.
</translate>
# Grants and contracts are not gifts, and they are processed in a different manner. Grants and contracts in support of specific sponsored programs and projects which require periodic reporting and financial accounting to the grantor or contractor must be processed through the Foundation Grants Coordinator, or in his absence, the Executive Director.

== {{int string|Purpose}} ==

<translate><!--T:5-->
Gifts and grants serve to support Wikimedia Foundation's mission to encourage the growth, development, and distribution of free, multilingual content, and to providing the full content of these wiki-based projects to the public free of charge. This work is made possible, in part, by donations made by individuals and organizations from around the globe. We are incredibly grateful for their support, and we are committed to honoring the wishes of our donors. Through this policy, Wikimedia Foundation defines the basic guidelines governing acceptance and acknowledgment of gifts and grants to further its mission.

== Policy == <!--T:6-->

=== Gifts Not Requiring Board Notice === <!--T:7-->

<!--T:8-->
The Wikimedia Foundation will accept differing types of grants and gifts without requiring board notice, including:

<!--T:9-->
* Cash and cash-equivalent gifts, offered without condition, of up to US$250,000.
* Publicly traded securities, which will be liquidated upon receipt, up to US$250,000 in value.

<!--T:10-->
The Wikimedia Foundation may accept the following, subject to the other provisions of this policy:

<!--T:11-->
* Real estate, subject to title search and environmental audit. Real estate will be sold within two years of donation. Minimum value of a gift of real estate must be US$1 million.</translate>
<translate>
<!--T:12-->
* Other assets, including but not limited to stock in closely held businesses, patents, stock options, collectibles such as artwork, manuscripts and copyrighted works, stamps, coins, and memorabilia, provided that the minimum value of such gifts, in themselves or as part of a larger gift, is US$1 million.

<!--T:13-->
Gifts may be reviewed for purpose and fit prior to acceptance.

=== Gifts Requiring Board Notice === <!--T:14-->

<!--T:15-->
The Wikimedia Foundation takes its commitments to our donors very seriously. To help ensure that we honor those commitments, the foundation shall provide the Board of Trustee with notice and the opportunity to review gifts or private grants to the Foundation which:

<!--T:16-->
* are valued in excess of US$250,000;
* include any restriction on how the gift may be used;</translate>
<translate>
<!--T:17-->
* do not conform with approved Foundation policies; or
* obligate the Foundation to expenditures or costs for which there is no established fund source.

<!--T:18-->
In most cases, the Board will be given 7 business days to decline a proposed gift or private grant if they feel that the Foundation cannot meet the commitment to the donor or if the grant obligates the foundation to unfavorable terms.

<!--T:19-->
The Foundation shall also provide the Board of Trustees with notice for information only, on a quarterly basis, for any donations (or cumulative donations from an individual donor or entities controlled by an individual donor-controlled) that exceed US$100,000 or equivalent value.

<!--T:20-->
The Foundation may accept any pledges and gifts/private grants that do not require Board notice according to this policy. The Foundation reserves the right to refuse any gift. The Foundation reviews gift offers to ensure that the terms are in conformity with Foundation policy and do not unduly restrict the usefulness or desirability of the gift.

=== Restricted Gifts === <!--T:21-->

<!--T:22-->
The Wikimedia Foundation encourages donors to make gifts for unrestricted use. The Foundation may accept gifts with appropriate restrictions for particular purposes or projects. These gifts may be subject to additional review. When a donor wishes to make a restricted gift, that donor may determine gift parameters in advance with the Wikimedia Foundation. Such parameters may include the following:

<!--T:23-->
* Donation amount and type
* Restrictions and designation
* Gift date</translate>
<translate>
<!--T:24-->
* Distribution term
* Reporting requirements
* Provisions for disposition of gifts when the purpose or project terminates or becomes impossible to achieve.

=== Pledges === <!--T:25-->

<!--T:26-->
Donors may commit to future gifts ("pledges"), which the Foundation will generally treat as gifts of cash.

=== Required Accompanying Documentation === <!--T:27-->

<!--T:28-->
Electronic donations made on the Foundation website do not need further declaration of donor's intent. In-kind donations, such as computer or office equipment may be accompanied by a declaration of donor's intent, and delivery should be arranged with Foundation staff. Gifts must also be accompanied by other documentation as required by applicable state and federal law.

<!--T:29-->
Endowments may be accompanied by a statement in writing from the donor, which may:

<!--T:30-->
* express the donor's intent to make a gift;
* describe the gift;
* declare the irrevocability of the transfer;
* if the donor wishes, designate the purpose(s) for which the gift is to be used;</translate>
<translate>
<!--T:31-->
* authorize the Foundation to:
* combine the endowment with other funds for investment purposes;
* transfer the income to the principal;
* authorize the Executive Director to identify a new purpose if the original purpose is no longer valid, and to transfer funds to other Foundation priorities;

=== Determining Value of Gift === <!--T:32-->

<!--T:33-->
The dollar amount of a gift/private grant shall be the amount of cash actually received; or, if in the form of a pledge, the full amount pledged; or the equivalent to the fair market value of securities or other property. The valuation of stock depends upon the date of its receipt.

=== Conflicts of Interest === <!--T:34-->

<!--T:35-->
There may be a conflict of interest if the acceptance of a gift is placed in a fund in which the recipient retains control of expenditures (e.g., if an employee or Board member makes a gift in support of a project or department that the employee or Board member administers). All such gifts should be assigned to an account over which the Executive Director has signature authorization that is not shared by the designated recipient.

=== Accepting Gifts of Securities === <!--T:54-->

<!--T:36-->
The Foundation is the official custodian of all securities (e.g., stocks and bonds). When securities are received by any department, that fact should be made known immediately to the Executive Director or to an officer delegated by the Executive Director.

=== Accepting Bequests or Devises === <!--T:37-->

<!--T:38-->
All papers and documents relating to probate matters, including notices of hearings, wills, documentary evidence of assets, and forms of receipt for distribution as assets, should be forwarded promptly to the Executive Director or to an officer delegated by the Executive Director. Acknowledgment of a testamentary gift is generally made after distribution from the estate. In some cases, however, acknowledgment prior to receipt may be appropriate. The Executive Director or an officer delegated by the Executive Director should be consulted in advance concerning prior acknowledgment of a testamentary gift.

=== Accepting Gifts-in-Kind === <!--T:55-->

<!--T:39-->
Gifts-in-kind may only be accepted by the Executive Director or by an officer delegated in writing by the Executive Director with the authority to accept such a gift.

== Donor Benefits and Constraints == <!--T:40-->

=== Tax Consequences === <!--T:41-->

<!--T:42-->
The Wikimedia Foundation is unable to offer tax advice to would-be donors. Donors who are concerned about tax-deductibility of donations should consult with their own tax advisers. The Foundation is a 501(c)(3) tax-exempt organization operating under United States law as a Florida corporation.

=== Naming Opportunities === <!--T:43-->

<!--T:44-->
The Wikimedia Foundation does not normally offer naming opportunities.

=== Donor Expenses === <!--T:45-->

<!--T:46-->
The Wikimedia Foundation does not typically cover donors' donation-related expenses such as travel, shipping, and appraisals.

== Anti-Harassment Policy Statement == <!--T:47-->

<!--T:48-->
The Wikimedia Foundation is committed to maintaining an environment that is courteous, respectful and free from harassing behaviors for its employees, contractors, and interns.

<!--T:49-->
The Wikimedia Foundation employees, contractors, and interns have the right to refuse to interact with any donor, potential donor, or supporter. Employees, contractors, and interns who observe or believe they are the subject of harassment are strongly encouraged to report such incidents to the appropriate channels, documented in Wikimedia's internal Office Wiki. The Wikimedia Foundation prohibits any retaliation against an employee, contractor, or intern who reports a concern about workplace harassment, other inappropriate behavior or assists in any inquiry about such a report.

== Review and Updates == <!--T:50-->

<!--T:51-->
[[<tvar name="1">Special:MyLanguage/Resolution:Gift Policy Amendments, 2021</tvar>|This policy was last updated on February 24, 2021]]. The policy will be reviewed annually by the Audit committee of the Board of Trustees of the Wikimedia Foundation, to consider any necessary recommendations for improvements.
</translate>
== {{int string|See also}} ==
* [[Special:MyLanguage/Policy:Delegation of authority policy|<translate><!--T:52--> Delegation of Authority Policy</translate>]]
* [//foundation.wikimedia.org/w/index.php?title=Policy:Gift_policy&oldid=104442 <translate><!--T:53--> Earlier Gift Policy</translate>]

[[Category:Policies{{#translation:}}]]

Latest revision as of 07:19, 30 March 2024

Please also see the Donor Privacy Policy.

This policy was initially approved by the board in 2007–2008 with Resolution:Gift Policy. It was most recently revised in February 2021 with Resolution:Gift Policy Amendments, 2021

Purpose

Gifts and grants serve to support Wikimedia Foundation's mission to encourage the growth, development, and distribution of free, multilingual content, and to providing the full content of these wiki-based projects to the public free of charge. This work is made possible, in part, by donations made by individuals and organizations from around the globe. We are incredibly grateful for their support, and we are committed to honoring the wishes of our donors. Through this policy, Wikimedia Foundation defines the basic guidelines governing acceptance and acknowledgment of gifts and grants to further its mission.

Policy

Gifts Not Requiring Board Notice

The Wikimedia Foundation will accept differing types of grants and gifts without requiring board notice, including:

  • Cash and cash-equivalent gifts, offered without condition, of up to US$250,000.
  • Publicly traded securities, which will be liquidated upon receipt, up to US$250,000 in value.

The Wikimedia Foundation may accept the following, subject to the other provisions of this policy:

  • Real estate, subject to title search and environmental audit. Real estate will be sold within two years of donation. Minimum value of a gift of real estate must be US$1 million.
  • Other assets, including but not limited to stock in closely held businesses, patents, stock options, collectibles such as artwork, manuscripts and copyrighted works, stamps, coins, and memorabilia, provided that the minimum value of such gifts, in themselves or as part of a larger gift, is US$1 million.

Gifts may be reviewed for purpose and fit prior to acceptance.

Gifts Requiring Board Notice

The Wikimedia Foundation takes its commitments to our donors very seriously. To help ensure that we honor those commitments, the foundation shall provide the Board of Trustee with notice and the opportunity to review gifts or private grants to the Foundation which:

  • are valued in excess of US$250,000;
  • include any restriction on how the gift may be used;
  • do not conform with approved Foundation policies; or
  • obligate the Foundation to expenditures or costs for which there is no established fund source.

In most cases, the Board will be given 7 business days to decline a proposed gift or private grant if they feel that the Foundation cannot meet the commitment to the donor or if the grant obligates the foundation to unfavorable terms.

The Foundation shall also provide the Board of Trustees with notice for information only, on a quarterly basis, for any donations (or cumulative donations from an individual donor or entities controlled by an individual donor-controlled) that exceed US$100,000 or equivalent value.

The Foundation may accept any pledges and gifts/private grants that do not require Board notice according to this policy. The Foundation reserves the right to refuse any gift. The Foundation reviews gift offers to ensure that the terms are in conformity with Foundation policy and do not unduly restrict the usefulness or desirability of the gift.

Restricted Gifts

The Wikimedia Foundation encourages donors to make gifts for unrestricted use. The Foundation may accept gifts with appropriate restrictions for particular purposes or projects. These gifts may be subject to additional review. When a donor wishes to make a restricted gift, that donor may determine gift parameters in advance with the Wikimedia Foundation. Such parameters may include the following:

  • Donation amount and type
  • Restrictions and designation
  • Gift date
  • Distribution term
  • Reporting requirements
  • Provisions for disposition of gifts when the purpose or project terminates or becomes impossible to achieve.

Pledges

Donors may commit to future gifts ("pledges"), which the Foundation will generally treat as gifts of cash.

Required Accompanying Documentation

Electronic donations made on the Foundation website do not need further declaration of donor's intent. In-kind donations, such as computer or office equipment may be accompanied by a declaration of donor's intent, and delivery should be arranged with Foundation staff. Gifts must also be accompanied by other documentation as required by applicable state and federal law.

Endowments may be accompanied by a statement in writing from the donor, which may:

  • express the donor's intent to make a gift;
  • describe the gift;
  • declare the irrevocability of the transfer;
  • if the donor wishes, designate the purpose(s) for which the gift is to be used;
  • authorize the Foundation to:
  • combine the endowment with other funds for investment purposes;
  • transfer the income to the principal;
  • authorize the Executive Director to identify a new purpose if the original purpose is no longer valid, and to transfer funds to other Foundation priorities;

Determining Value of Gift

The dollar amount of a gift/private grant shall be the amount of cash actually received; or, if in the form of a pledge, the full amount pledged; or the equivalent to the fair market value of securities or other property. The valuation of stock depends upon the date of its receipt.

Conflicts of Interest

There may be a conflict of interest if the acceptance of a gift is placed in a fund in which the recipient retains control of expenditures (e.g., if an employee or Board member makes a gift in support of a project or department that the employee or Board member administers). All such gifts should be assigned to an account over which the Executive Director has signature authorization that is not shared by the designated recipient.

Accepting Gifts of Securities

The Foundation is the official custodian of all securities (e.g., stocks and bonds). When securities are received by any department, that fact should be made known immediately to the Executive Director or to an officer delegated by the Executive Director.

Accepting Bequests or Devises

All papers and documents relating to probate matters, including notices of hearings, wills, documentary evidence of assets, and forms of receipt for distribution as assets, should be forwarded promptly to the Executive Director or to an officer delegated by the Executive Director. Acknowledgment of a testamentary gift is generally made after distribution from the estate. In some cases, however, acknowledgment prior to receipt may be appropriate. The Executive Director or an officer delegated by the Executive Director should be consulted in advance concerning prior acknowledgment of a testamentary gift.

Accepting Gifts-in-Kind

Gifts-in-kind may only be accepted by the Executive Director or by an officer delegated in writing by the Executive Director with the authority to accept such a gift.

Donor Benefits and Constraints

Tax Consequences

The Wikimedia Foundation is unable to offer tax advice to would-be donors. Donors who are concerned about tax-deductibility of donations should consult with their own tax advisers. The Foundation is a 501(c)(3) tax-exempt organization operating under United States law as a Florida corporation.

Naming Opportunities

The Wikimedia Foundation does not normally offer naming opportunities.

Donor Expenses

The Wikimedia Foundation does not typically cover donors' donation-related expenses such as travel, shipping, and appraisals.

Anti-Harassment Policy Statement

The Wikimedia Foundation is committed to maintaining an environment that is courteous, respectful and free from harassing behaviors for its employees, contractors, and interns.

The Wikimedia Foundation employees, contractors, and interns have the right to refuse to interact with any donor, potential donor, or supporter. Employees, contractors, and interns who observe or believe they are the subject of harassment are strongly encouraged to report such incidents to the appropriate channels, documented in Wikimedia's internal Office Wiki. The Wikimedia Foundation prohibits any retaliation against an employee, contractor, or intern who reports a concern about workplace harassment, other inappropriate behavior or assists in any inquiry about such a report.

Review and Updates

This policy was last updated on February 24, 2021. The policy will be reviewed annually by the Audit committee of the Board of Trustees of the Wikimedia Foundation, to consider any necessary recommendations for improvements.

See also