GIFT POLICIES

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GIFT RETURN POLICY

Come and See Foundation appreciates your donation and your support of our mission. Our budget and ongoing financial health rely on accounting for and accepting irrevocable, non-refundable donations from the public. Therefore, Come and See Foundation considers all donations to be nonrefundable. If you have made an error with your donation or have found a discrepancy, please contact us at grateful@comeandseefoundation.org. Depending on the circumstances, Come and See Foundation will consider your request if it is made within thirty (30) days of the original donation. Come and See Foundation may ask for proof of identity before issuing a refund, and all refunds are returned using the original method of payment. For example, if your donation was made by credit card, your refund will be credited to that same account. You are responsible for all tax considerations that may arise if your donation is refunded.

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GIFT ACCEPTANCE POLICIES

Come and See Foundation, a nonprofit organization headquartered in Colorado Springs, CO, encourages the solicitation and acceptance of gifts to Come and See Foundation (hereinafter referred to as “CASF” or the “Foundation”) for purposes that will help CASF further and fulfill its mission to enable the first billion people to experience Jesus in an intimate way by making The Chosen series forever free and globally accessible. The following policies and guidelines govern acceptance of gifts made directly to CASF or made for the benefit of any of its endowment or other programs.

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Purpose of Policies and Procedures

The purpose of this document is to set forth the criteria that CASF uses to determine whether a proposed gift is acceptable and to inform prospective donors and their advisors of the types of gifts CASF accepts. While these guidelines establish best practices, they are designed to provide flexibility as directed by CASF’s Gift Exceptions Committee.

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Use of Legal Counsel

CASF seeks the advice of outside legal counsel as appropriate on matters relating to acceptance of gifts. Review by legal counsel is usually sought in connection with:

A. Closely held stock transfers that are subject to restrictions or buy-sell agreements;

B. Documents naming CASF as Trustee;

C. Gifts involving contracts, such as bargain sales or other documents requiring CASF to assume a legal obligation;

D. Gifts of patents and intellectual property;

E. Transactions with potential conflict of interest that may invoke IRS sanctions; and/or

F. Other instances in which use of counsel is deemed appropriate by CASF’s Board of Directors or Gift Exceptions Committee.

Gift Definition

Gifts are not generally subject to an exchange of consideration or other contractual duties between the Foundation and the donor, although objectives may be stated and funds may be restricted for a specific purpose, subject to the agreement and acceptance of the restrictions by the Gift Exceptions Committee. A gift is not completed until it has been accepted by the Foundation.

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Approval of Gifts

The Gift Exceptions Committee will review all non-marketable gifts to CASF, and those gifts referred to it by the Vice President of Development. The Gift Exceptions Committee consists of the individuals in the following positions at CASF: CEO, VP of Development, Senior Accountant, and Legal Advisor. The Gift Exceptions Committee is responsible for regularly reporting its decisions on gift acceptance to CASF’s Board of Directors. The Gift Exceptions Committee is also responsible for reviewing these policies and procedures at least annually, or more often as needed, to ensure that they remain consistent with the programs of CASF and all applicable laws.

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Communications with Donors

CASF holds all communications with donors and prospective donors, including any personal information, in strict confidence, except as may be subject to legally authorized and enforceable requests for information by government agencies and courts. All other requests for or releases of information concerning a donor or a prospective donor will be granted only if permission is first obtained from the donor or prospective donor.

Conflict of Interest

CASF does not provide personal legal, financial or other professional advice to donors or prospective donors. Donors and prospective donors are strongly urged to seek the assistance of their own professional advisors in matters relating to their gifts and the resulting tax and estate planning consequences. CASF endorses the Model Standards of Practice of the Charitable Gift Planner promulgated by the National Committee on Planned Giving (attached as Appendix A) and the Donor Bill of Rights promulgated by the Association of Fundraising Professionals) (attached as Appendix B).

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Peer to Peer Fundraising

To avoid unintended tax consequences, we strongly advise that our community members do not collect or accept any donations on our behalf using their personal payment accounts Instead, all donations should be directed to our website. With respect to peer-to-peer fundraising, we advise that donations are only accepted through the official peer-to-peer fundraising page.

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IRS Form 1099-K is used to report electronic and third-party network transactions, including payments from debit cards, credit cards, and payment platforms like PayPal or Venmo. While in the past, this IRS Form was only required if an individual received over $20,000 annually in payments for goods and services, beginning in 2023, the threshold limit for this annual reporting requirement has been lowered to $600.

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Please reach out to donate@comeandseefoundation.org with any questions.

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Restrictions on Gifts

Unrestricted gifts and gifts for specific programs and purposes may be accepted, provided they are consistent with CASF’s mission, purposes and priorities. CASF will not accept gifts that are inconsistent with its mission, purposes or priorities or are judged in its sole discretion too difficult to administer.

Types of Gifts

The following gifts may be considered for acceptance by CASF:

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A. Cash: Cash may be accepted in any negotiable form. Checks must be made payable to CASF and should be delivered to CASF’s administrative offices.

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B. Securities: CASF can accept both publicly traded securities and closely held securities.

Publicly Traded Securities: Marketable securities will be transferred to an account maintained at one or more brokerage firms or delivered physically with the transferor’s signature or stock power attached. As a general rule, all marketable securities will be sold upon receipt unless otherwise directed by the executive leadership of CASF. In some cases marketable securities may be restricted by applicable securities laws; in such instance the final determination on the acceptance of the restricted securities may be made by the Gift Exceptions Committee.
Options and Other Rights in Securities: The Gift Exceptions Committee will consider and make final decisions regarding whether to accept such donations.
Closely Held Securities: Proposed gifts of closely held securities, which include debt and equity positions in non-publicly traded companies as well as interests in LLPs and LLCs or other ownership forms, will be reviewed by the Gift Exceptions Committee in order to determine whether to accept such donations.

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C. Life Insurance: CASF must be named as both beneficiary and irrevocable owner of an insurance policy before a life insurance policy can be recorded as a gift. If the donor contributes future premium payments, CASF will include the entire amount of the additional premium payment as a gift in the year that it is made. If the donor does not elect to continue to make gifts to cover premium payments on the life insurance policy, CASF may:

1. continue to pay the premiums;

2. convert the policy to paid up insurance; or

3. surrender the policy for its current cash value.

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Once the policy is accepted, life insurance holdings will be reviewed annually to determine whether it is best to continue to pay the premiums, convert the policy to paid up insurance, surrender the policy for its current cash value, or change the underlying investment structure.

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D. Charitable Gift Annuities: CASF offers both current and deferred charitable gift annuities to its donors. The minimum funding amount is $10,000. CASF adheres to the rates set by the American Council on Gift Annuities. The minimum age for current life income beneficiaries of a gift annuity shall be 65, and the minimum age for a deferred charitable gift annuity is age 55. No more than two life income beneficiaries will be permitted for any gift annuity.

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Annuity payments may be made on a quarterly, semi-annual, or annual schedule. CASF will accept only cash or marketable securities for current annuities and will consider real estate or closely held stock for deferred gift annuities with a deferral period of five years or more, with the approval of the Gift Exceptions Committee.

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E. Charitable Remainder Trusts: If a donor wishes to gift a charitable remainder trust, CASF encourages the donor to name CASF as a remainder beneficiary of the charitable remainder trust, and CASF will work with the donor to structure such agreement. However, CASF will not serve as trustee of a charitable remainder trust and will instead encourage the donor to use a professional fiduciary.

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F. Revocable Trust Agreements: If a donor wishes to donate via a revocable trust agreement, CASF encourages the donor to name CASF as a beneficiary of all or a portion of the revocable trust agreement. However, CASF will not serve as trustee of a revocable trust agreement and will instead encourage the donor to use a professional fiduciary.

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G. Charitable Lead Trusts: CASF may accept a designation as income beneficiary of a charitable lead trust. CASF will not accept an appointment as Trustee of a charitable lead trust.

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H. Retirement Plan Beneficiary Designations: CASF encourages its donors and supporters who wish to name CASF as beneficiary of their retirement plans. Such designations will not be recorded as gifts to CASF until such time as the gift is irrevocable.

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I. Bequests: CASF encourages its donors and supporters who wish to make bequests to CASF under their wills and trusts. Such bequests will not be recorded as gifts to CASF until such time as the gift is irrevocable.

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J. Life Insurance Beneficiary Designations: CASF encourages its donors and supporters who wish to name CASF as beneficiary or contingent beneficiary of their life insurance policies. Such designations shall not be recorded as gifts to CASF until such time as the gift is irrevocable.

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K. Intellectual Property Rights: The donation of intellectual property rights, which include royalties, patents, copyrights, contract rights or other similar interests, may be considered by CASF.

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The following gifts will not be considered for acceptance by CASF at this time:

Tangible Personal Property
Real Estate
Remainder Interests in Property
Oil, Gas, and Mineral Interests
Bargain Sales

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Miscellaneous

A. Securing appraisals and legal fees for gifts to CASF: It will be the responsibility of the donor to secure an appraisal (if required by law or as required by the Gift Exceptions Committee) and the advice of independent legal, financial or other professional advisers as needed for all gifts made to CASF.

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B. Valuation of gifts for development purposes: CASF will record a gift received by CASF at its valuation for gift purposes on the date the gift is received.

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C. Responsibility for IRS Filings upon sale of gift items: The CASF Accounting office is responsible for filing IRS Form 8282 upon the sale or disposition of any non-marketable asset sold within three years of receipt by CASF when the charitable deduction value of the item is more than $5,000. CASF shall file this form within 125 days of the date of sale or disposition of the asset.

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D. Acknowledgment. Acknowledgement of all gifts made to CASF and compliance with the current IRS requirements in acknowledgement of such gifts is the responsibility of the Advancement Department of CASF. IRS Publication 561 Determining the Value of Donated Property and IRS Publication 526 Charitable Contributions provide excellent guidance and can be downloaded from www.irs.gov.

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E. Disclosure provided for pooled funds. CASF will provide all appropriate disclosures as required by the Philanthropy Protection Act of 1995 for gifts contributed to pooled funds.

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APPENDIX A

MODEL STANDARDS OF PRACTICE FOR THE CHARITABLE GIFT PLANNER

PREAMBLE

The purpose of this statement is to encourage responsible gift planning by urging the adoption of the following Standards of Practice by all individuals who work in the charitable gift planning process, gift planning officers, fund raising consultants, attorneys, accountants, financial planners, life insurance agents and other financial services professionals (collectively referred to hereafter as "Gift Planners"), and by the institutions that these persons represent.

This statement recognizes that the solicitation, planning and administration of a charitable gift is a complex process involving philanthropic, personal, financial, and tax considerations, and as such often involves professionals from various disciplines whose goals should include working together to structure a gift that achieves a fair and proper balance between the interests of the donor and the purposes of the charitable institution.

PRIMACY OF PHILANTHROPIC MOTIVATION

The principal basis for making a charitable gift should be a desire on the part of the donor to support the work of charitable institutions.

EXPLANATION OF TAX IMPLICATIONS

Congress has provided tax incentives for charitable giving, and the emphasis in this statement on philanthropic motivation in no way minimizes the necessity and appropriateness of a full and accurate explanation by the Gift Planner of those incentives and their implications.

FULL DISCLOSURE

It is essential to the gift planning process that the role and relationships of all parties involved, including how and by whom each is compensated, be fully disclosed to the donor. A Gift Planner shall not act or purport to act as a representative of any charity without the express knowledge and approval of the charity, and shall not, while employed by the charity, act or purport to act as a representative of the donor, without the express consent of both the charity and the donor.

COMPENSATION

Compensation paid to Gift Planners shall be reasonable and proportionate to the services provided. Payment of finders fees, commissions or other fees by a donee organization to an independent Gift Planner as a condition for the delivery of a gift are never appropriate. Such payments lead to abusive practices and may violate certain state and federal regulations. Likewise, commission-based compensation for Gift Planners who are employed by a charitable institution is never appropriate.

COMPETENCE AND PROFESSIONALISM

The Gift Planner should strive to achieve and maintain a high degree of competence in his or her chosen area, and shall advise donors only in areas in which he or she is professionally qualified. It is a hallmark of professionalism for Gift Planners that they realize when they have reached the limits of their knowledge and expertise, and as a result, should include other professionals in the process. Such relationships should be characterized by courtesy, tact and mutual respect.

CONSULTATION WITH INDEPENDENT ADVISORS

A Gift Planner acting on behalf of a charity shall in all cases strongly encourage the donor to discuss the proposed gift with competent independent legal and tax advisors of the donor's choice.

CONSULTATION WITH CHARITIES

Although Gift Planners frequently and properly counsel donors concerning specific charitable gifts without the prior knowledge or approval of the donee organization, the Gift Planners, in order to insure that the gift will accomplish the donor's objectives, should encourage the donor, early in the gift planning process, to discuss the proposed gift with the charity to whom the gift is to be made. In cases where the donor desires anonymity, the Gift Planners shall endeavor, on behalf of the undisclosed donor, to obtain the charity's input in the gift planning process.

DESCRIPTION AND REPRESENTATION OF GIFT

The Gift Planner shall make every effort to assure that the donor receives a full description and an accurate representation of all aspects of any proposed charitable gift plan. The consequences for the charity, the donor and, where applicable, the donor's family, should be apparent, and the assumptions underlying any financial illustrations should be realistic.

FULL COMPLIANCE

A Gift Planner shall fully comply with and shall encourage other parties in the gift planning process to fully comply with both the letter and spirit of all applicable federal and state laws and regulations.

PUBLIC TRUST

Gift Planners shall, in all dealings with donors, institutions and other professionals, act with fairness, honesty, integrity and openness. Except for compensation received for services, the terms of which have been disclosed to the donor, they shall have no vested interest that could result in personal gain.

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Adopted and subscribed to by the National Committee on Planned Giving and the American Council on Gift Annuities, May 7, 1991. Revised April 1999.

Appendix B

The Donor Bill of Rights was created by the American Association of Fund Raising Counsel (AAFRC), Association for Healthcare Philanthropy (AHP), the Association of Fundraising Professionals (AFP), and the Council for Advancement and Support of Education (CASE). It has been endorsed by numerous organizations.

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The Donor Bill of Rights

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Philanthropy is based on voluntary action for the common good. It is a tradition of giving and sharing that is primary to the quality of life. To ensure that philanthropy merits the respect and trust of the general public, and that donors and prospective donors can have full confidence in the nonprofit organizations and causes they are asked to support, we declare that all donors have these rights:

To be informed of the organization's mission, of the way the organization intends to use donated resources, and of its capacity to use donations effectively for their intended purposes.
To be informed of the identity of those serving on the organization's governing board, and to expect the board to exercise prudent judgment in its stewardship responsibilities.
To have access to the organization's most recent financial statements.
To be assured their gifts will be used for the purposes for which they were given.
To receive appropriate acknowledgement and recognition.
To be assured that information about their donation is handled with respect and with confidentiality to the extent provided by law.
To expect that all relationships with individuals representing organizations of interest to the donor will be professional in nature.
To be informed whether those seeking donations are volunteers, employees of the organization or hired solicitors.
To have the opportunity for their names to be deleted from mailing lists that an organization may intend to share.
To feel free to ask questions when making a donation and to receive prompt, truthful and forthright answers.