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Real Estate Gifts: A Report from Practitioners in the Trenches

Thursday, March 24th, 2011

Real Estate Gifts – A Report from Practitioners in the Trenches

As real estate gift activity continues to increase – especially at institutions actively promoting their interest in real estate gifts – more and more professionals are concentrating on the growing field of real estate gift planning.  In my work, I often confer with colleagues specializing in this discipline.

This issue of my newsletter is entirely devoted to recent trends in the real estate gift arena, based on my experience working with a range of clients, and on my conversations with three trusted colleagues: Chase Magnuson,  Director of Planned Giving-Real Estate at George Washington University; Harry Estroff, Real Estate Gift Manager at The Nature Conservancy; and Jerry McCarter, Professional Advisor Relations Officer at the Minnesota Real Estate Foundation.

Overall real estate gift trends

Among organizations with which I’m working, real estate gift activity is clearly up at institutions that have decided they want to be more proactive in making real estate gifts happen, e.g. marketing, initiating conversation with promising real estate gift prospects, gift officer training, etc.  For organizations that aren’t specifically promoting their interest in real estate gifts, it is my experience that they generally continue to receive the occasional inquiry at about the same rate as in previous years.

Chase reports real estate gift activity at GWU has increased dramatically in recent years, which of course coincides with the time period that GWU decided to invest in a dedicated staffer to pursue real estate gifts.  Jerry reports that the Minnesota Real Estate Foundation completed 15 gifts in 2010, compared to 5 in 2009.  He reports new real estate gift prospects are emerging at the rate of two to three per month.  Harry reports that The Nature Conservancy’s overall number of real estate gifts has declined in the last two years, but that the average gift size has increased.

The most frequent real estate gift structures

My experience is that the most dramatic increase in real estate gift activity is in the area of outright gifts, followed by charitable gift annuities funded with real estate.

At The Nature Conservancy, the trend has been fewer life income gifts and more outright gifts and retained life estates.  The Minnesota Real Estate Foundation also reports outright gifts as the most popular gift type, with numerous inquiries about Charitable Remainder Trusts. GWU reports continued strong interest in both CRTs and CGAs as ways to provide income streams to donors.

What is motivating the real estate donor these days?

We are all in agreement that most donors of real estate these days are motivated by a desire to rid themselves of the headaches of owning and managing property they no longer use.  Generally, charitable intent is equally important.  The trend is that use of tax deductions, and desire for an income stream, are less a part of the motivation than they might have been in earlier years.

I have found that the most successful marketing efforts explicitly appeal to older property owners who may be facing decisions about what to do with seldom-used property that is now more of a burden than it is enjoyable.

Who are these donors, and what properties are they giving away?

The most common real estate gift scenario for the Minnesota Real Estate Foundation is the over-60 donor looking to make a gift of a debt-free vacation property or raw land.  The Nature Conservancy has seen a marked increase in inquiries from donors without a history of supporting the organization who are challenged by the difficulties presented by current market conditions.  For George Washington University, a common fact pattern is folks in the 70 to 85 range looking to dispose of a residential property in order to get rid of management headaches and produce a life time income.

My own experience is that the most common real estate donor profile is an over-70 individual or couple, with multiple properties scattered geographically, looking for help in disposing of a second home, who often times have not previously shown up on the radar screen of the non-profit they wind up giving their property to.  Also, we know from the most recently-available IRS data (2007) that the average size of reported real estate gifts for donors over 65 (the vast majority of such donors) was $787,000.

How do real estate gifts find their way to you?

The Minnesota Real Estate Foundation has been especially successful cultivating relationships with financial advisors, attorneys and CPAs who are their best referral sources. The Foundation’s partner organizations, armed with marketing material from the Foundation, also produce a significant number of referrals.

George Washington University has had considerable success training its major gift officers to initiate conversations with donor prospects identified by a prospect research team focusing on owners of multiple pieces of real estate. Similarly, The Nature Conservancy benefits from their army of well-trained field fundraisers exploring the full range of assets, including real estate, with their donor prospects. TNC also generates many inquiries through its excellent real estate gifts website.  (I recommend it to all my clients: http://giftplanning.nature.org/giftguide/)

Though some institutions have generated gifts through mailings highlighting the story of actual real estate donors, the trend seems to be greater results from web pages that specifically highlight real estate as an asset to be donated. But the one trend that tops them all is the success of those development shops that focus prospect research on real estate donors, and then encourage (or require) their trained gift officers to initiate real estate conversations with prospects.

What is your advice to other non-profits interested in ramping up their real estate gift activity?

The themes that emerge from our collective experience are:

  1. Seek professional help in developing real estate gift acceptance policies and procedures appropriate for your organization.
  2. Find a combination of in-house staff eager to be trained, and outside consultants, who can evaluate gift opportunities, structure and close the gifts.
  3. Make sure that all staff and board members fully understand the organization’s interest in real estate gifts, and that they feel comfortable at least starting the discussion with donors when appropriate.
  4. Be patient. Understand that an investment of time and money will be necessary, but that with patience it will pay off in the form of substantial real estate gifts.

And finally, as a reminder that organizations that follow these practices are successful in attracting real estate gifts, a national survey of almost 600 non-profits conducted by the National Committee on Planned Giving (now the Partnership for Philanthropic Planning) in 2008, revealed that 13% of survey respondents – virtually all of which employed the steps outlined above – reported that 10% or greater of their total giving in recent years had been in the form of real estate gifts.

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Real Estate Gifts and Non-Profit Retirement Communities

Monday, October 11th, 2010

October 11, 2010

I have recently had occasion to work with several non-profit retirement communities, helping them attract and structure real estate gifts.  My experience with such communities is that their residents may have disposed of their primary home (though some still own them), but many of them continue to own a summer home on the lake or on the shore, or a farm, or an investment property.  Many times these property owners, as they age, are especially receptive to ideas about how they might dispose of their real estate in a way that benefits charities in their life (including the retirement community)  while addressing their tax planning and/or retirement income needs.

In other instances, I have seen non-profit retirement communities work with prospective new residents to see if a donation of their home could meet the entrance fee (or purchase price) requirements of moving into the community.

I have often wondered why more non-profit retirement communities don’t explore ways that they could provide a valuable service to their residents – helping dispose of increasingly burdensome real estate — while at the same time opening up the possibility of substantial charitable gifts, to their organization and others as well.

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Why Not a Charitable Gift Annuity Funded with your Property?

Saturday, October 9th, 2010

October 9, 2010

Let’s say that you are in your 70s, and have for some years not been getting much use out of your vacation home on the shore. Instead, you’ve been renting it out more and more, and have become rather accustomed to the extra cash flow from your property.

But now, as you age, the hassles of maintaining the property (and of paying taxes, utilities, repairs, etc.) and carrying around that responsibility are starting to outweigh the benefits of property ownership. Which means it’s time to dispose of the property.

Let’s also say that you have watched friends go through this process, and this has left you dreading the task of listing the property, working with a broker, adjusting he asking price, fielding offers, and working the process all the way through to a closing. (Not to mention you’re not excited at the prospect of paying a very considerable capital gains tax upon the sale of your low-basis property.)

So, what is the alternative?

Well, if your financial situation permitted, you could make an outright gift of the property to a charity of significance to you. You would be eligible for a charitable tax deduction equal to the current appraised value of the property, there would be absolutely no capital gains tax paid, you would have made a magnificent gift. And the charity, not you, would assume all the responsibility for selling the property.

If you’re not in position to give it away outright, and instead need a continuing stream of income, perhaps you could talk with a charity of meaning to you about funding a charitable gift annuity with your waterside property. With a gift annuity, you would lock in a steady, regular income stream for the rest of your life, you would generate a substantial tax deduction, and you would pass on to the charity (as in the case of an outright gift) the responsibility for selling the property.

More and more charities are interested in working with property owners on this sort of arrangement, because they have become more adept at structuring the arrangement in ways that minimize the risks that they might need to begin making annuity payments prior to the time they’ve sold the property.  Also, an increasing number of charities are recognizing that many property owners want to roll their property into a steady income stream, not the variable income that would come from a charitable remainder trust.

If the situation above sounds a little bit like yours, talk with your advisors, or talk with your favorite charity, about the possibility of a charitable gift annuity funded by a property that you are ready to dispose of however reluctantly.

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IRS Study Documents Increase in Real Estate Gifts

Friday, October 1st, 2010

October 1, 2010

Starting with Tax Year 2003 the IRS has been producing reports called “Individual Noncash Charitable Contributions.”  IRS researchers have examined Form 8283 (Noncash Charitable Contributions) used to substantiate charitable deductions greater than $500 claimed on Schedule A (Itemized Deductions) of Form 1040.

In the spring of 2010 such a study was issued for the Tax Year 2007.  Here is a quick comparison of key real estate gift data from Tax year 2005 vs. Tax Year 2007.

What does this mean?

I think it means that in the middle of the decade the idea of real estate giving was grabbing hold.  Total real estate giving increased by over 30% during this period, with an especially dramatic increase (261%!) in the average size of the gift for donors 65 years and older.  This is especially significant, as a very high percentage of real estate giving comes from these older donors.

I predict that we will see a continuation of this trend once the IRS issues its report for Tax Year 2009.

When development officers tell me that real estate gifts are time consuming, sometimes complicated, and that some are pursued without ever making it to completion, I agree with all of this. But I point out: If the size of the gift is likely to be in the range of $400,000 or $500,000 or more, isn’t it worth a little investment of time and resources? Explain to me how this is a poor return on investment?

Here’s a link to the complete IRS Report: http://www.irs.gov/pub/irs-soi/10sprbulindcont07.pdf

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Combining Land Conservation with a Major Gift

Friday, December 4th, 2009

December 4, 2009

Sometimes owners of conservation-worthy land are reluctant to make a gift of that land to a non-profit organization, such as their alma mater.  Their conern is that the non-profit will be bound by its fiduciary responsibility to sell the land at fair market value, even if that means the land might someday be developed. A solution to this situation is for the private owner to first donate a conservation easement on the property to a land trust or to an appropriate unit of government, and then to donate the fee interest in the land to the charity (or charities) they wish to support.

Here is an example of such an arrangement as reported by the Partnership for Philanthropic Planning:

“Dr. Herald Nokes and his wife, Donna, donated 1650 acres of their forest land in central Idaho to the University of Idaho by placing a conservation easement on the land in favor of the Idaho Department of Lands, and then donating the fee title to the University subject to a retained life estate.  Total value of the gift was just under $11 million.  UI will use the property as an outdoor classroom/laboratory and for field research.  Ongoing selective harvesting of the trees will provide a continuous source of revenue to help underwrite the maintenance and use of the land.” 

I’m aware of a New England  family who decided to first gift a conservation easement on their farm to a local land trust, generating a tax deduction of over $1 million.  They then gifted the fee-restricted land to the husband’s alma mater, generating an additional charitable contribution of over $2 million.  Had they donated the land unrestricted to the college their total tax deduction would have been about the same, but they wouldn’t have had the satisfaction that the land would be forever protected from development.  The College, on the other hand, received a gift of land worth over $2 million which they were able to market to a farm family looking for expansion agricultural land. The College would never have received a gift a tall were it not for the conservation easement.

The Land Trust Alliance reports that there are currently at least 1700 land trusts in the country.  These land trusts, in addition to  units of government, can hold conservation easements. Properly structured, the use of conservation easement can enable gifts and land protection that meet the objectives of all involved.

For information on how Bidwell Advisors can help address your land conservation issues, click here.

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Growing Non-Profit Attention to Real Estate Gifts

Monday, November 23rd, 2009

November 23, 2009

I attended a recent meeting of the Planned Giving Group of New England in Boston. It was “Real Estate Theme Day” at PGGNE, with presentations on real estate gifts by a team from the University of Pennsylvania, and by Harry Estroff, Real Estate Gift Manager at The Nature Conservancy. Coincidentally, on the same day, my colleague Chase Magnuson was presenting on real estate gifts at the National Capital Gift Planning Council in Washington, DC. Chase joined the development staff at George Washington University to develop a comprehensive real estate gifts program for the University, drawing on his background as founder and principal of Real Estate For Charities.

In February, I’ll be presenting at PGGNE on Real Estate Gift Basics.  I’ve also been asked to make presentations on real estate gifts in the coming months at the Chicago Planned Giving Council, the Minnesota Planned Giving Council, and the Greater Cincinnati Planned Giving Council.

Why all the attention to real estate gifts?

Here’s my short list of reasons that development offices across the country are turning more of their attention to real estate gifts:

  1. There is growing awareness of the dramatic success of some real estate gift programs. For example, The Nature Conservancy has generated $300 million in real estate gifts (this doesn’t include gifts of conservation land) since 1982.
  2. Some charitably –minded donors want to proceed with plans to make gifts, but are cash-strapped and don’t have much in the way of appreciated securities, so are turning to the real estate portion of their balance sheets to make gifts.
  3. More and more property owners, particularly aging property owners, are finding the continued ownership, management and carrying costs of property – especially second, third or fourth homes – are more burdensome than enjoyable. They are thus quite interested in ways of disposing of their property with as little hassle as possible.
  4. Some property owners are wary of the process of marketing their properties in volatile times. They are therefore more inclined to gift the property, letting the charity undertake the marketing process.
  5. More financial advisors, as well as gift planners, have become knowledgeable of the range of real estate gift structures and how they can be helpful in addressing the retirement planning, estate planning, and charitable objectives of the families they work with.

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Thoughts on How to Market a Real Estate Gift Program

Friday, October 16th, 2009

October 16, 2009 

Research and anectodal reports point to one marketing theme that tends to work better than all others when it comes to attracting gifts of real estate to a non-profit organization.  It isn’t an emphasis on the tax deductions that can be generated by real estate gifts. And it isn’t an appeal to the wonderful mission and good works of the organization.  

What is it? It’s an appeal to the fact that many aging property owners find the continued ownership and management of properties (especially second or third or fourth homes) burdensome and worrisome.  

Such property owners are often eager for ideas on low-hassle ways of disposing of their real estate, especially when it furthers their charitable objectives and serves their tax planning needs.

So, rather than run magazine and newsletter advertisements that say “Give us your real estate because we’re a wonderful organization and will do good things with your gift,” try something like this: 

“If you’re approaching a time in your life when you need to make decisions about parting with a property that has become more burdensome than enjoyable, give us a call. We have ideas that might work for you and work for us.”

For information on how Bidwell Advisors can help develop a real estate gifts marketing program, click here.

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Real Estate Prospect Research

Friday, September 18th, 2009

September 18, 2009

It always surprises me when I learn that a non-profit client uses estimates of a prospect’s real estate wealth as one of the indicators pointing to the size of the cash gift they will solicit.  I recently talked with a development officer who was aware that a prospect owns four pieces of property with an estimated total value of about $5 million. He estimated the total net worth ofhis prospect at about $10 million. He then laid out a plan for asking that prospect for a $2 million cash gift. 

Why, I asked him, didn’t you just ask your prospect  for one or two of her properties, which she appears to not be using as she ages? Well, I’m just not comfortable talking with folks about the complexities of real estate, he responded.

To which I say: It’s time to get comfortable with at least introducing the real estate topic, knowing there’s expertise waiting in the wings to help you out.

This points to the need for many organizations to think differently about their prospect research.  I contend that organizations should be mining their data bases and their collective organizational histories to identify  prospects who fit this pattern: own multiple pieces of property in multiple states; are age 65 or over; are charitably inclined to your organization.  When this fact pattern is used for screening, very strong real estate gift prospects emerge that in many cases may not have even been rated using traditional prospect rating systems. Identifying real estate gift prospects requires a different approach to thinking about wealth and thinking about donor motivations. 

We know from a report on second home ownership prepared by the National Association of Realtors in 2005 that:

  • 1 in 10 households owned 2 or more properties
  • 1 in 25 households owner 3 or more properties
  • 40% of the residences sold in 2005 were either vacation homes of residences owned for investment purposes

Fundraising consultants can provide a valuable service to their clients by reminding them to turn their attention, and that of their researchers, to the real estate holdings of their donor prospects.  Often, friends of the organization that are short on cash and appreciated securities can realize their charitable objectives through real estate gifts they had not previously considered.

For more information on how  Bidwell Advisors can help fundraising consultants to better advise their clients, click here.


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Real Estate Gifts: Why, and How, to Pursue Their Largely Untapped Potential in Difficult Economic Times

Thursday, July 23rd, 2009

July 23, 2009

As the effects of the deteriorating economy ripple through development offices of non-profit organizations of all sizes and shapes, increasing attention is being paid to the potential of real estate gifts. This shift in attention is due to several factors:

  • With growing liquidity concerns in most households, cash gifts – current or deferred – are becoming harder and harder to come by. This is causing development professionals to turn more of their attention to the non-cash assets of their donors and prospects, particularly real estate assets.
  • Real estate assets comprise over 35% of the assets of U.S. households. Yet only about 3% of charitable giving in recent years has come from real estate gifts. Development offices are increasingly recognizing the need to go where the wealth is – the largely untapped potential of real estate.
  • More attention is being paid to the experience of those non-profits that have consistently attracted large numbers of substantial real estate gifts. A survey conducted by the National Committee on Planned Giving, published in the Fall 2008 issue of The Journal of Gift Planning, reported that 13% of institutions responding received over 10% of their total contributions as real estate gifts over the previous three years, as measured in dollars.
  • The collective experience of institutions that have enjoyed success in pursuit of real estate gifts has led to an increasingly accepted body of “best practices” that permit the opening of the doors to real estate gifts while carefully managing and minimizing the potential risks of real estate.
  • Institutions at one stage or another of campaigns – planning phase, quiet phase, or those that have gone public and are concerned about hitting their targets – are increasingly turning their attention to the potential of real estate gifts. Indeed, there is evidence that the methodology for many campaign planning/feasibility studies in the future will devote more explicit attention to the role of real estate gifts in campaigns. (more…)

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Making the Right Real Estate Gifts Happen

Tuesday, July 14th, 2009

July 14, 2009

More and more non-profits are becoming aware that they are receiving fewer real estate gifts than some of their peers. They are realizing that other organizations have enjoyed considerable success in attracting a portion of the estimated 30 percent of the nation’s private wealth that is in real estate holdings.

In some cases, these organizations have responded by transitioning from a program that occasionally accepts gifts of real estate in various forms, to one that seeks to make such gifts happen. This transition needs to occur, of course, while taking appropriate precautions to manage the various types of risk (environmental, liquidity, holding cost) associated with owning real estate.

A review of the experience of those non-profits that have successfully made this transition reveals several important steps in developing a more active and lucrative real estate gifts program.

Get the key players on the same page

Successful programs tend to have clear gift acceptance policies and procedures governing real estate. These policies assure that everyone in the institution is on the same page regarding the types of properties (residential, commercial, farms and ranches, etc.) that will be accepted and the gift structures (CRTs, CGAs, retained life estates, etc.) that can be employed. These policies also tend to establish minimum gift amounts that take into account the often time-consuming and costly process of structuring, analyzing, and closing gifts of real estate. (more…)

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