Gift Acceptance Policy for
Indigenous Creatives Collective
Adopted March 2023
Indigenous Creatives Collective solicits and accepts gifts for purposes that will help the organization further and fulfill its mission: yəhaw̓ Indigenous Creatives Collective’s mission is to help improve Indigenous mental and emotional health outcomes through art-making, community building, and equitable creative opportunities for personal and professional growth.
Indigenous Creatives Collective urges all prospective donors to seek the assistance of personal legal and financial advisors in matters relating to their gifts, including the resulting tax and estate planning consequences.
The following policies and guidelines govern acceptance of gifts made to Indigenous Creatives Collective for the benefit of any of its operations, programs or services.
Use of Legal Counsel—
Indigenous Creatives Collective will seek the advice of legal counsel in matters relating to acceptance of gifts when appropriate. Review by counsel is recommended for:
Gifts of securities that may be subject to restrictions or buy-sell agreements
Documents naming Indigenous Creatives Collective as trustee or requiring Indigenous Creatives Collective to act in any fiduciary capacity
Gifts requiring Indigenous Creatives Collective to assume financial or other obligations.
Transactions with potential conflicts of interest
Gifts of property which may be subject to environmental or other regulatory restrictions
Other instances in which use of counsel is deemed appropriate by the Board
Restrictions on Gifts—
Indigenous Creatives Collective will not accept gifts that:
would result in Indigenous Creatives Collective violating its corporate charter,
would result in Indigenous Creatives Collective losing its status as an IRC § 501(c)(3) not-for-profit organization,
are too difficult or too expensive to administer in relation to their value,
would result in any unacceptable consequences for Indigenous Creatives Collective, or
are for purposes outside Indigenous Creatives Collective’s mission. Decisions on the restrictive nature of a gift, and its acceptance or refusal, shall be made by the Board in consultation with the appropriate members of the staff or its advisors.
Gifts Generally Accepted Without Review—
Cash. Cash gifts are acceptable in any form, including by check, money order, credit card, or on-line. Donors wishing to make a gift by credit card must provide the card type (e.g., Visa, MasterCard, American Express), card number, expiration date, and name of the card holder as it appears on the credit card.
Marketable Securities. Marketable securities may be transferred electronically to an account maintained at one or more brokerage firms or delivered physically with the transferor's endorsement or signed stock power (with appropriate signature guarantees) attached. All marketable securities will be sold promptly upon receipt unless otherwise directed by Indigenous Creatives Collective’s Board. In some cases marketable securities may be restricted, for example, by applicable securities laws or the terms of the proposed gift; in such instances the decision whether to accept the restricted securities shall be made by the Board or under the direction of appropriate members of the Board of Directors or its Advisors.
Bequests and Beneficiary Designations under Revocable Trusts, Life Insurance Policies, Commercial Annuities and Retirement Plans. Donors are encouraged to make bequests to TSG Foundation under their wills, and to name Indigenous Creatives Collective as the beneficiary under trusts, life insurance policies, commercial annuities and retirement plans.
Charitable Remainder Trusts. Indigenous Creatives Collective will accept designation as a remainder beneficiary of charitable remainder trusts.
Charitable Lead Trusts. Indigenous Creatives Collective will accept designation as an income beneficiary of charitable lead trusts.
Gifts Accepted Subject to Prior Review—
Certain forms of gifts or donated properties may be subject to review prior to acceptance. Examples of gifts subject to prior review include, but are not limited to:
Tangible Personal Property. The Board shall review and determine whether to accept any gifts of tangible personal property in light of the following considerations:
Does the property further the organization’s mission? Is the property marketable?
Are there any unacceptable restrictions imposed on the property?
Are there any carrying costs for the property for which the organization may be responsible?
Is the title/provenance of the property clear?
Life Insurance. Indigenous Creatives Collective will accept gifts of life insurance where Indigenous Creatives Collective is named as both beneficiary and irrevocable owner of the insurance policy. The donor must agree to pay, before due, any future premium payments owing on the policy.
Real Estate. All gifts of real estate are subject to review by the Board. Prior to acceptance of any gift of real estate other than a personal residence, Indigenous Creatives Collective shall require an initial environmental review by a qualified environmental firm. In the event that the initial review reveals a potential problem, the organization may retain a qualified environmental firm to conduct an environmental audit. Criteria for acceptance of gifts of real estate include:
Is the property useful for the organization’s purposes?
Is the property readily marketable?
Are there covenants, conditions, restrictions, reservations, easements, encumbrances or other limitations associated with the property?
Are there carrying costs (including insurance, property taxes, mortgages, notes, or the like) or maintenance expenses associated with the property?
Does the environmental review or audit reflect that the property is damaged or otherwise requires remediation?
Oil, Gas, and Mineral Interests. Indigenous Creatives Collective may accept oil and gas property interests, when appropriate. Prior to acceptance of an oil and gas interest the gift shall be approved by the Board, and if necessary, by Indigenous Creatives Collective’s legal counsel. Criteria for acceptance of the property shall include:
Gifts of surface rights should have a value of $20,000 or greater.
Gifts of oil, gas and mineral interests should generate at least $3,000 per year in royalties or other income (as determined by the average of the three years prior to the gift).
The property should not have extended liabilities or other considerations that make receipt of the gift inappropriate
A working interest is rarely accepted. A working interest may only be accepted where there is a plan to minimize potential liability and tax consequences.
The property should undergo an environmental review to ensure that Indigenous Creatives Collective has no current or potential exposure to environmental liability.
Miscellaneous Provisions
Securing appraisals and legal fees for gifts to Indigenous Creatives Collective: It will be the responsibility of the donor to secure an appraisal (where required) and independent legal counsel for all gifts made to Indigenous Creatives Collective.
Valuation of gifts for development purposes: Indigenous Creatives Collective will record a gift received by Indigenous Creatives Collective at its valuation for gift purposes on the date of gift.
Responsibility for IRS Filings upon sale of gift items: The Board of Indigenous Creatives Collective is responsible for the IRS filing (Form 8282) upon the sale or disposition of any asset sold within two years of receipt by Indigenous Creatives Collective when the charitable deduction value of the item is more than $5,000.
Acknowledgement of all gifts made to Indigenous Creatives Collective and compliance with the current IRS requirements shall be the responsibility of the Board of Indigenous Creatives Collective.
Changes to Gift Acceptance Policies:
These policies and guidelines have been reviewed and accepted by the Board of Indigenous Creatives Collective. The Board of the Indigenous Creatives Collective must approve any changes to or deviations from these policies.