Introduction
*FUND TYPES
*OPERATING FUNDS
*ENDOWMENT FUNDS
*QUASI-ENDOWED FUNDS - DONOR DESIGNATED
*QUASI-ENDOWED FUNDS - DEPARTMENT DESIGNATED
*AGENCY FUNDS
*FUND INVESTMENT VEHICLES AND FEES
*OPERATING FUNDS
*Investment Policy:
*Administration Fee and Earnings:
*ENDOWMENT, QUASI-ENDOWMENT AND AGENCY FUNDS
*Investment Policy:
*Administration Fee and Earnings:
*FUND ACCOUNT
- ESTABLISHMENT REQUIREMENTS *Minimum Requirements:
*Account Agreement Form:
*Account Administrators:
*REVENUES
- CONTRIBUTIONS AND OTHER KINDS OF RECEIPTS *Control Objective:
*Sources of Revenue:
*Forms of Acceptable Revenue:
*Board of Regents Policy:
*GENERAL CONTRIBUTIONS
*Procedure for Processing:
*Gift Receipts:
*MATCHING GIFTS CONTRIBUTIONS
*Procedure for Processing:
*Gift Receipts:
*Authorized signers - Corporate Matching Gift Forms:
*REVENUES THAT ARE NOT CONTRIBUTIONS
*Procedure for Processing:
*ä
Conferences and Seminars: *ä
Sales: *ä
Part Gift/Part Non-Gift: *ä
Special Fund Raising Events: *ä
Raffles: *ä
Auctions: *GRANTS AND CONTRACTS
*Submitting the Proposal:
*Follow-up to Notification of Acceptance from the funding agency:
*Grant backs:
*Disbursements for Grants/Contracts:
*Fees:
*REVENUES
- MONETARY METHODS OF GIVING *PAYMENT BY CHECK
*METHODS OF PAYMENT FOR DONATIONS OTHER THAN CASH OR CHECK
*ä
Credit Card: *ä
Wire Transfers: *ä
Payroll Deductions: *ä
Maryland Charities Campaign and Combined Federal Campaign: *ä
Stocks and Bonds: *REVENUES
- NON-MONETARY METHODS OF GIVING *ä
Gifts-In-Kind: *ä
Real Estate Gifts: *ä
Life Insurance: *ä
Trusts and Annuities: *CASH DISBURSEMENTS
- OBJECTIVES AND GUIDELINES *Control Objectives:
*Accountable Plan:
*CASH DISBURSEMENTS -
DISBURSEMENT REQUESTS *V
V Expenses that will not be reimbursed: *Procedure - General:
*ä
Petty Cash: *ä
Emergency Checks / Hand Checks: *ä
Purchase Orders: *ä
Equipment Purchases: *ä
Entertainment and Meals: *ä
Expenses for Spouses: (non-travel) *CASH DISBURSEMENTS
- TRAVEL REQUESTS *Procedure:
*ä
Itemization of the expenses: *ä
Personal vs. Business Days: *ä
Travel Advances: *CASH DISBURSEMENTS
- EMPLOYEES & INDEPENDENT CONTRACTORS *GUIDELINES RE INDEPENDENT CONTRACTORS
: *GUIDELINES RE EMPLOYEES:
*ä
Faculty and Staff Awards, Bonuses, etc.: *ä
Employee Gifts/Achievement Awards: *ä
Staff meetings, luncheons, etc.: *ä
Fringe Benefits Payments: *CASH DISBURSEMENTS
- NON-RESIDENT ALIENS *GUIDELINES RE PAYMENT:
*CASH DISBURSEMENTS
- STUDENTS *SCHOLARSHIPS
: *ä
Required information: *ä
Taxability: *ä
Expenses reimbursement: *ä
Procedures for reimbursement: *AWARDS
: *EMPLOYMENT RELATED PAYMENTS
: *TRAVEL RELATED PAYMENTS
: *PAYROLL
*Control Objectives:
*Employee Categories:
*Employee Personnel Files:
*Procedure - General:
*Procedure – Payment of salary, taxes, etc.:
*LOANS / ADVANCES
*PURCHASES OF EQUIPMENT / FURNISHINGS
*Control Objective:
*Procedure:
*FIXED ASSETS
*Control Objective:
*Procedure:
*Û
Purchased Assets: *Û
Contributed Assets: *POLICIES
*POLICY - ENDOWMENT SPENDING
*ä
Terminology *CALCULATIONS FOR DETERMINING SPENDABLE INCOME
*POLICY - INSTITUTIONAL ADVANCEMENT FUNDS
*POLICY - NEPOTISM
*POLICY STATEMENT – REAL ESTATE
*POLICIES AND PROCEDURES – REAL ESTATE
*PROCEDURES - ENDOWMENT MEMORANDUM OF UNDERSTANDING
*OUTRIGHT GIFTS
*PLANNED GIFTS
*APPENDIX
*
The University of Maryland Foundation, Inc.
The University of Maryland Foundation, Inc. (the Foundation) was founded in 1979, as a not-for-profit corporation separate from the University System of Maryland (the System). The Foundation is an independent tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code (IRC). The Foundation’s purpose is to receive, hold, invest, manage, use, dispose of and administer property of all kinds, whether given absolutely or in trust, or by way of agency or otherwise. Contributions are used entirely for the purpose specified by the donor in support of one or more of the following System institutions:
In order to ensure the safeguarding of assets and the reliability of financial records, this manual documents the Foundation’s policies and procedures for guaranteeing that funds are used for the exclusive benefit of the above institution(s) and in accordance with university policies, as intended by the donors, and in compliance with federal and state rules and regulations.
This version of the manual supersedes the edition published in September 1997.
All activity through the Foundation is maintained through Funds. Each fund is managed as a separate account. However, accounts may be grouped together for accounting, investing and reporting purposes.
Funds are invested under guidelines established by the Foundation’s Finance Committee. Effective fund management helps the Foundation’s assets grow, which in turn enables the Foundation to cover its operating costs entirely from earnings. As a result, the corpus of all gifts is used entirely for the purpose designated by the donors.
Information about specific funds is made available only to donors, to those persons serving as account administrators, to Deans, and to persons who are legally entitled to receive information, such as federal or System auditors.
Donors may be provided with information on market values, Spendable Income, names of scholarship recipients or information on the program funded and/or the performance results of endowment funds.
Account Administrators receive monthly statements.
Deans may receive monthly statements and account balance information. They may also receive market value and Spendable Income information.
Donors may specify that their gifts be spent entirely for a designated objective or program. In addition, departments sell merchandise, sponsor conferences and seminars and hold special fund raising events to support their activities. This money is deposited in expendable accounts and used for current operations.
Donors may specify that their gifts be endowed, which means that the principal is retained "in perpetuity". Only the Spendable Income is available for the program or activity they have designated. (See section on POLICY – ENDOWMENT SPENDING on page 45 for more information on Spendable Income)
QUASI-ENDOWED FUNDS - DONOR DESIGNATED
Quasi-endowed funds are administered under the same policies and guidelines as endowed funds. Donors may stipulate that Spendable Income be used to support a designated activity or program. However, if the Spendable Income is insufficient, the corpus of their gift may be used.
QUASI-ENDOWED FUNDS - DEPARTMENT DESIGNATED
The Account Administrator may request that a fund be administered like an endowed fund for an indefinite period of time even though the donor did not so restrict the gift. In such cases only income is spent.
Note: Due to the long-term investment philosophy for endowment funds, the Foundation requires a one-year notice if and when a decision is made to change a fund type so that the principal may be used. The fund will no longer be invested in the Pooled Fund when that change occurs.
The Foundation may manage and administer funds for other University System of Maryland affiliated foundations. In these circumstances, the affiliated foundation retains ownership of its fund assets and the Foundation has no fiduciary authority for expenditures. Affiliated foundation funds are invested with the endowment funds.
Note: Due to the long-term investment philosophy for endowment funds the Foundation requires notice to withdraw agency funds. The required time for notice is specified in the contract signed between the Foundation and the affiliated foundation.
FUND INVESTMENT VEHICLES AND FEES
Funds managed by the Foundation are invested according to the investment policy approved by the Foundation Finance Committee.
Operating funds are invested in a pool designed for short-term investment. Currently the asset allocation of the portfolio is 70% in fixed income products and 30% in equities. There is no guarantee on the rate of return to the accounts that are eligible to receive earnings.
Administration Fee and Earnings:
No fees are charged on Operating Funds.
UMCP receives a distribution equivalent to 6 month’s interest on all new gifts made during the fiscal year to accounts held for the benefit of UMCP. Because this distribution is made, the earnings posted to each of those UMCP accounts are reduced by the amount of the distribution.
ENDOWMENT, QUASI-ENDOWMENT AND AGENCY FUNDS
Funds in this category are invested for the long-term in a diversified portfolio managed by investment firms selected by the Foundation Finance Committee for their expertise and experience. The Foundation selects an asset mix with the objective of earning a total return which will be sufficient to cover both spending and inflation. The objectives and guidelines for investing are detailed in the Foundation’s Investment Policy, which was updated on June 2, 2000. That policy is reviewed and updated by the Finance Committee as appropriate.
Current policy allows an asset allocation investment of up to 65% in equities, 15% in fixed income products, and 20% in alternatives. Of the 65% equity investment, the largest portion is directed toward large cap domestic securities (50%), with 5% of the remaining portion invested in international securities and 10% invested in small cap securities.
Administration Fee and Earnings:
The Foundation assesses a .04% administrative fee on the 03/31 market value of each fund. In addition, the Development Office of each institution receives 1.5% of the 03/31 market value of the endowment accounts specific to that institution, to be used for their fund-raising program.
Each fund receives a quarterly distribution of net earnings (interest, dividends and realized gains, less investment manager fees) based on their holdings in the portfolio.
FUND ACCOUNT - ESTABLISHMENT REQUIREMENTS
All activity through the Foundation is maintained through Accounts. An Account must be established before contributions or any other form of revenue will be accepted. Unrestricted donations can be commingled in one fund; however, if a donor places a restriction on the use of a contribution, a separate fund must be established.
¨
A minimum of $100 is required to open an account.¨
Operating accounts that remain below $100 for a period of three months will be closed and mergedinto a general unrestricted account unless special arrangements are made.
¨
Endowment accounts must reach $10,000 market value before Spendable Income is available.A completed ACCOUNT AGREEMENT FORM (see Appendix page A-1) is required to establish an Account.
The form provides the Foundation with important information for the ongoing management of the
account. It identifies:
(1) Institution and dept/program within that institution for which the account is being established
(2) Account type being established
An account is categorized as one of the following:
H
UNRESTRICTED (for general use of a department, program, center, fund-raising, etc.)H
RESTRICTED (given by a donor for a specific project, scholarship, research, grant, or conference)Restricted funds cannot be deposited in an account designated as unrestricted.
H
PERMANENTLY RESTRICTED (given by a donor for an endowment)An endowed account must have a signed Memorandum of Understanding (MOU)
(see SAMPLE - MOU on Appendix page A-16).
(3) Account name and purpose for which the funds will be used
(i.e., support a lectureship, provide for general operations etc.)
This section is important and must not be left blank.
(4) Account administrator (person at the institution responsible for stewardship of the account). He/she has overall responsibility for account transactions and receives the monthly statements.
(5) Authorized signers (the persons having authority to approve requests for disbursements).
At least two (2) persons must be identified. The person with stewardship responsibility (the Account Administrator) may be one of those persons, but he/she cannot be the only person
authorized to sign disbursement requests.
***the dean or department chair must initial the account agreement***
The account agreement should be reviewed annually and updated whenever there is a change in the person(s) having stewardship or signature authority. The Foundation has the right to return a Disbursement Request if the person who approves the request is not identified on the Account Agreement Form.
Appropriate University employees are identified as administrators for the accounts that are established. The administrators receive monthly statements on the accounts they oversee. They are responsible for reviewing the statements and ensuring that receipts and disbursements have been posted correctly.
The following rules apply:
¨
The administrator must be an active employee of the institution.¨
An employee whose family member contributes more than $1,000 of the total contributions to an account may NOT serve as administrator or have signature authority to disburse funds from that account. In such cases that employee’s supervisor usually serves either as the administrator or as the person with signature authority.The business activities of an employee who falls under this category may still be supported from the account, but all expenditures for those activities must be approved by the person with signature authority on the account.
alert!
K
contributions from faculty or staff are tax deductible only if they are made to a program over which that faculty or staff member has no control or spending authority.¨
An employee who has signature authority on an account cannot approve his/her own reimbursement or a payment made on his/her behalf. Approval in such cases must be made by another person whohas signature authority on that account or by a supervisor (usually the Department Chair or Dean).
alert!
K
the taxpayer bill of rights 2 law provides certain penalties that may be charged to "fund managers" as well as to recipients of the funds, when payments from 501(c)(3) entities provide excessive compensation to the payee. it is certainly possible that the irs may consider institution employees who recommend disbursement of funds to be included within the definition of "fund managers". the penalties can be severe.
To ensure that all receipts are promptly deposited, properly recorded, reconciled, kept under adequate security, and to ensure compliance with any and all donor restrictions.
The major source of revenue received is from individual and corporate contributions and foundation grants. Revenue is also received from special fund-raising events, sales of merchandise, fees for conferences and seminars, industrial affiliates programs, fees for performance, etc.
The Foundation accepts monies via cash, check, stocks, bonds, or credit card.
(See section on REVENUES – MONETARY METHODS OF GIVING on page 15 for detailed instructions re these kinds of payments)
Checks must be made payable to: The University of Maryland Foundation, Inc.
checks made payable to the institution rather than to the foundation cannot be processed
Board of Regents Policy requires that all solicitations for contributions, conferences and seminars, special fund raising events, grants or other such activities where the funds are to be deposited in the Foundation MUST be identified as Foundation activities.
g
Suggested Wording for Literature:Board of Regents' policy stipulates that "all correspondence.... shall be clearly identified as an activity of that foundation...." Samples of suggested wording that would be appropriate are noted below:
"This (Program /Event /Activity) is an activity of The University of Maryland Foundation, Inc.
Please make your check payable to The University of Maryland Foundation, Inc."
or
"The funds raised will be administered by The University of Maryland Foundation, Inc. for the
benefit of (Program or University). Please make your check payable to The University of Maryland Foundation, Inc."
or
"This event is an activity of The University of Maryland Foundation, Inc. Funds earned will be
managed by the Foundation for the benefit of (particular program). Please make your check payable to The University of Maryland Foundation, Inc."
Contributions may be received by a USM Institution, School, Department, or directly at the Foundation Business Office. Upon receipt of a contribution the procedures are as follows:
** Review checks as to payee and restrictively endorse them with the Foundation's name, when appropriate.
Note: If the check received from a donor in payment of a pledge is made payable to an institutional program or to the institution itself, and if the check is for a program/activity for which the Foundation has an account, the Foundation can accept the check for deposit IF one of the following can be provided:
(The signed pledge card will serve to confirm it was the donor's intent that the check be deposited in the Foundation);
OR
¨ If no pledge card exists and the check is from an individual, a letter signed by the check signer stating that it is his/her intention to have the funds deposited in the Foundation;
If no pledge card exists and the check is from a company/business, a letter signed by the same person who signed the check stating that it is the company’s intention to have the funds deposited in the Foundation. Additionally, the tax ID # and name of the payee in the company's records must be that of the Foundation.
this procedure is acceptable for only the initial payment from the company. any subsequent check with an incorrect payee will not be accepted.
** Forward funds to be deposited to the appropriate Office of Institutional Advancement (OIA) with the transmittal form required by the institution.
(OIA enters all contributions to ensure all contributions are included in the fund-raising totals.)
®
Include the name and number of the account to which each contribution is to be deposited®
Attach documentation that verifies the contributive nature and purpose of the gift, unless funds are for an already established endowment or a payment on an already recorded pledgeNote: Foundation personnel can post contributions that are received by the Foundation Business Office, provided they are not designated for a specific USM institution, and provided documentation supporting the gift is included.
** Process all funds within 48 hours of receipt, unless there is a problem, (i.e. not knowing the purpose of the contribution, payee incorrect etc.).
Retain unprocessed funds in a locked file. If problems are not resolved within 10 business days, checks should be returned to the donor or deposited in a university account.
** Separately batch contributions to the Foundation from those to the Institution.
** File supporting documentation (i.e., a letter from the donor and/or a copy of the check) with the Batch Detail Report at each OIA.
** Remit checks and and two copies of the Batch Detail Report to the Foundation.
** When received, the Foundation Accounting Associate does the following:
þ
Signs the Batch Detail Report, indicating receipt of the checks, subject to verification;þ
Returns the signed copy to OIA;þ
Reconciles the checks to the transmittal documentation;þ
Prepares the deposit ticket and the Foundation deposit form;þ
Closes the batch on BSR. This action releases the "gift receipts" (they are now ready for printing) and automatically transfers the records to the accounting software, using the prefix of CR9 for cash or checks and the prefix CR7 for credit card charges;þ
Reconciles the reports from the accounting system to the Batch Detail Report;þ
Prepares the bank deposit;þ
Sends the deposit to the independent custodian of the Foundation’s funds (currently Mercantile-Safe Deposit & Trust Company)
** Gift Receipts are printed and mailed to the donors by the OIA office that entered the gift.
The Revenue Reconciliation Act of 1993 requires that all donors who wish to take a deduction for charitable contributions of $250 or more have receipts, and those receipts must indicate whether the donor received any goods or services in exchange for that "gift". IRS policy suggests the following language, which we recommend:
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"The amount of your contribution that is deductible for Federal income tax purposes is limited to the excess of the amount contributed by you over the value of the goods and services that you receive. We estimate the value of those goods and services to be $________ and therefore you may deduct any contribution in excess of that amount".Note: The Foundation prints and mails Gift Receipts for contributions received from Foundation Board members and for contributions of $1,000 or more that are specifically designated for USM, or University-wide or Foundation purposes. These gift receipts are reviewed by the Vice President for Finance and then given to the President of the Foundation, who sends the receipt to the donor along with a personal letter.
** Each USM institution has its own procedures for stewardship of its large donors.
The Foundation Business Office processes only those matching gift forms that relate to contributions in the BSR database.
** Forward matching gifts forms with the Batch Detail Report and checks to the Accounting Associate.
** The matching gift coordinator does the following:
þ
Reviews all matching gifts to ensure compliance with individual company policy as to eligible gift, donor, purpose, and recipient institution/organization;FORMS WILL NOT BE PROCESSED IF THEY DO MEET COMPANY POLICY. THOSE THAT DO NOT QUALIFY WILL BE RETURNED TO THE APPROPRIATE OIA.
þ
Reviews the donor's record to confirm that the donor and the specific gift are recorded and the donor is linked with the matching Gift Company;þ
Links the gift to the matching gift company;þ
Completes the form, including signature by the chief financial officer, and mails it to the company matching the gift;þ
Files a copy of the form under the company name;þ
Enters the matching gift as a cash donation from the company when it is received.
The Foundation prints and mails Gift Receipts for matching gifts it has received and processed.
Authorized signers - Corporate Matching Gift Forms:
For matching gifts that are to be processed by or through the Foundation:
THE UNIVERSITY OF MARYLAND FOUNDATION, INC.
John K. Martin, President
or
Joyce Romanoff Marx, V P for Finance
For matching gifts that are not to be processed by or through the Foundation:
THE UNIVERSITY SYSTEM OF MARYLAND
V P for Institutional Advancement
(at the appropriate USM institution)
REVENUES THAT ARE NOT CONTRIBUTIONS
Revenue from sources such as Conferences & Seminars, Sales, Part Gift/Part Non-Gift, Special Fund Raising Events, Raffles, and Auctions are not identified as contributions. They may be received by a USM Institution, School, Department, or directly at the Foundation Business Office. The procedures for processing these kinds of revenue are as follows:
** Submit all literature advertising events to the Foundation for review PRIOR to printing the literature or it may be impossible for the Foundation to accept and deposit the funds.
** Forward checks, supporting documentation and the NON-GIFT DEPOSIT FORM (see Appendix page A-10) directly to the Foundation Business Office for processing. Before remitting, be sure that all of the following information is included on/with the form:
• Revenue code
• Purpose stated
• Legible signature
• Check has been made payable to the Foundation or to the Account Name
• Supporting documentation is attached
** After the Foundation receives the check, the paperwork is processed the same as outlined in the contribution section.
The Foundation may administer funds for conferences and seminars.
** All literature MUST identify The University of Maryland Foundation, Inc.(in accordance with guidelines established by the Board of Regents) and must be reviewed by the Foundation PRIOR to the activity or event. The Foundation reserves the right to refuse deposits where the literature has not been submitted for review.
only those revenues relating to conferences where the corresponding expenditures are disbursed through the foundation will be accepted.
Sales:
The Foundation may accept the proceeds from sales of tangible merchandise, books, tapes, wreaths, sweatshirts, etc. The Foundation must be notified PRIOR to the sale.
Note:
K
All sales within the state of Maryland are subject to 5% sales tax, and may additionally be subject to Unrelated Business Income Tax (UBIT).K
Sales tax is paid monthly and charged to each account accordingly. If the items are purchased for resale, use the Code 0497 (Cost of Goods Sold) on the Disbursement Request.If a contributor received a benefit in exchange for part of his/her contribution, a NON-GIFT DEPOSIT FORM must be completed for the non-gift portion (see Appendix page A-10).
** Send the completed form to the Institutional Advancement Office along with the corresponding gift transmittal form and the check or cash.
Special fund raising events are activities such as dinners, theater programs, golf tournaments, etc., where the attendee is provided with a benefit in exchange for a contribution.
** Submit all literature advertising events to the Foundation for review PRIOR to printing the literature or it may be impossible for the Foundation to accept and deposit the funds.
** Provide donors who attend with information regarding what portion of their payment is tax deductible when the total amount paid by them is $75 or more (per the Revenue Reconciliation Act of 1993), regardless of whether that total is for one or more than one item.
all solicitation materials must include this information, per irs rules.
** All solicitation and/or receipt literature MUST identify the gift and non-gift portion. The non-gift portion represents the fair market value of any goods or services received by the person attending the event, not the cost. All benefits have a fair market value, even if the event costs the sponsoring department nothing (i.e., a donor is contributing all the food, entertainment, etc.)
The fair market is determined by what it would cost an individual to purchase the item. In order to determine the fair market value of the benefit, the following items should be considered and a fair
market value determined, when appropriate: (See FAIR MARKET VALUE WORKSHEET on Appendix page A-12)
MEAL $__________
Entertainment $__________
Favor/Gift $__________
Activity (Golf/Tennis etc.) $__________
Speaker $__________
IRS policy suggests the following language for your solicitation / receipt, which we recommend:
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"The amount of your contribution that is deductible for Federal income tax purposes is limited to the excess of the amount contributed by you over the value of the goods and services that you receive. We estimate the value of those goods and services to be$ ______ and, therefore you may deduct any contribution in excess of that amount".
Ü
Expenses relating to special fund-raising events are coded 0753Ü
All literature regarding these events must indicate that this program, activity, or event is administered through, or an activity of, the Foundation, per Board of Regents Policy.(See Suggested Wording for Literature in the section on BOARD OF REGENTS POLICY on page 6)
Raffles:A raffle is an appeal for money consisting of three parts (1) a prize, (2) the element of chance and (3) consideration or payment for the right to participate. The cost of a raffle ticket is not tax deductible; therefore it is classified as non-gift revenue.
Ü
Raffle activities are regulated by state law. The Foundation is registered in the State of Maryland and any appeal for money to Maryland residents is covered under that registration. However, there may be local regulations to be addressed.Ü
The value of prizes received by the winner must be included in calculating the winner’s gross income. If the prize is in the form of goods and/or services, the fair market value of those good and/or services must be included.Ü
The Foundation must be informed of the value of the prize, the name, address and social security number of the winner(s). That information is reported on a Form W-9, subject to the following guidelines:Û
If the single prize has a value of $600 or less, the Foundation is not required to report or withhold.Û
If the single prize has a value of $600 or more, but not more than $5,000, the Foundation must withhold 31% backup withholding IF a W-9 is not completed.Û
If the value is $5,000 or more, the Foundation must withhold 28%.Note: Withholding is required even if the prize is not cash. The prize can be grossed up so that the tax can be paid or the winner can remit the amount to be withheld to the Foundation. The Foundation will withhold the prize if there is no way to pay the taxes.
Auctions provide persons the opportunity to bid openly or silently for one or more items. The revenue from auctions is tax deductible to the extent that payment for the item exceeds the value of the item. The purchaser must be informed of the value of the item PRIOR to the bidding.
** Send a copy of the list detailing the fair market value of the items to the Foundation Business Office.
** Send revenue from this kind of fundraiser to the Foundation Business Office.
(See REVENUE CODES-2 on Appendix page A-3 for the list of codes and detail as to what to post to that code)
The Foundation administers grants that are philanthropic in nature. Government grants and contracts, as well as other contracts MAY also be administered under special circumstances.
Ü
All University guidelines must be followed before the Foundation can accept a grant or contract, including compliance with policies on faculty consulting, patent policy, human subjects, affirmative action, conflicts of interest, and any other such policy governing grant and contract activities.Ü
The appropriate academic administrators and the Office of Sponsored Programs (or its counterpart) must review and approve all proposals before submission to Foundation for processing.Ü
Grants/Contracts to be administered by the Foundation must explicitly name The University of Maryland Foundation, Inc. as the administrative agent.
** A grant/contract proposal and its appropriate paperwork includes:
·
Letter of approval from the Office of Sponsored Programs or equivalent department;·
Internal Routing Form for Proposals;·
Proposal – one (1) copy for the Foundation___ (?) number required by the perspective Grantor/Contractor (the funding agency).
** When the above are received, a transmittal letter, signed by an officer of the Foundation, will be prepared. The Foundation will forward the letter and the proposal to the funding agency or return the packet to the department for submission, depending on the agreed upon arrangements between the parties involved.
** Upon notice of acceptance of the proposal from the funding agency, the Foundation will inform the Office of Sponsored Programs or equivalent department.
Follow-up to Notification of Acceptance from the funding agency:
** A separate account must be established for each grant/contract to assure that financial reports can be prepared and that grant/contract funds are not co-mingled with other funds.
** A separate file is maintained for each grant/contract administered by the Foundation. Each file includes the following:
·
A check list to keep track of reporting requirements;·
The grant/contract proposal paperwork (see items listed under Submitting the Proposal above);·
Documentation supporting receipts from the funding agency;·
Documentation supporting disbursements;·
Confirmation that the principal investigator has filed reports or other documentation indicatingnarrative reports;
·
Copy of financial reports filed with the funding agency. These reports are prepared by thedepartment, but must be submitted to the Foundation for review PRIOR to submission;
·
Copy of the transmittal letter that accompanies technical reports prepared and submitted to the funding agency by the principal investigator for the grant/contract.
The Foundation has the ability to sub-grant a portion of the grant to an institution. This enables the department to use university employees and to purchase goods and services using university funds and provides assurance to the university that those expenditures will be reimbursed.
** Requests for grant backs are submitted to the Grants Administrator and must include the following information:
·
Foundation account number·
Campus account number·
$ amount requested·
Person requesting the grant back
Disbursements for Grants/Contracts:
(See sections on CASH DISBURSEMENTS, which begin on page 23 for information related to this area)
There is no overhead charged to grants.
- MONETARY METHODS OF GIVING
The Foundation accepts monies via cash, check, credit card wire transfers, payroll deductions, third party, or stocks and bonds.
Checks must be made payable to The University of Maryland Foundation, Inc.
Ü
Checks made payable to the institution rather than the Foundation cannot be processed.(see GENERAL CONTRIBUTIONS - Procedure for Processing on page 7 for instructions on how to proceed)
Ü
In limited circumstances a check made payable to the Account name may be accepted for deposit. When and if that occurs, contact the Foundation Business Office for clarification.
METHODS OF PAYMENT FOR DONATIONS OTHER THAN CASH OR CHECK
Credit Card:Credit card charges are available to use for CONTRIBUTIONS only. Credit card transactions are identified with the Batch Code CR7.)
credit cards are not to be used for conference revenue, sales, or any revenue other than contributions unless prior approval has been obtained. contact the foundation business office if you have any questions.
** Obtain and print the following information on the charge slip or on a form such as the pledge payment slips:
·
Name of account holder·
Account number·
Card expiration date·
$ amount of the contribution·
Type of card (VISA/MasterCard/American Express)** Call the appropriate person at the Foundation Business Office to have the charge authorized.
do not enter the information in bsr until the transaction is authorized.
** Send the charge slip or other documentation with the above information to the Foundation Business Office. UMB and UMCP must submit a copy of the form with the Batch Detail Report.
** Funds related to credit card charges are transferred monthly by check to the appropriate Operating or Endowment account. This is done when the bank accounts are reconciled.
Funds may be transferred via wire. For instructions, contact the Foundation Business Office.
** Send the following information to the Foundation PRIOR to the transfer of funds:
·
Payer name·
$ amount of transfer·
Account number to which the transfer is to be applied·
Purpose of the transfer·
A letter from the company on its stationary to confirm the purpose of the wire transfer(Letter must be received before funds can be entered in the accounting system)
wire transfers will be returned if this information is not received in advance
Payroll Deductions:
The Foundation processes contributions received through payroll deduction. Each USM institution is responsible for securing the appropriate documentation from their employees and entering the pledge information in BSR.
** Forward Payroll Deduction Cards to the Foundation Business Office.
** Upon receipt of the above, Foundation personnel will do the following:
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Photocopy the originals and file the copy alphabetically by institution;þ
Send the originals to the Central Payroll office in Annapolis.** Bimonthly checks, representing funds withheld, are received from the State payroll department and are posted to a Foundation holding account.
** Monthly checks, representing withheld funds that have been received from the State payroll department, are written from the Foundation holding account to the participating USM institutions that have their own foundations.
(Participating institutions with their own foundations are currently Frostburg, Salisbury, and Towson. UMB and UMCP will be added effective 01/01/01.)
** Semi-annually, for participating institutions that are affiliated with UMF (those not listed above), a report is prepared that identifies each participating employee and the total amount of his/her deductions within that reporting period. The Foundation posts those totals in BSR, either as a pledge payment or as an outright gift, if there is no pledge on record.
** After the above posting, the balance in the holding account is adjusted as the totals that were reported are allocated to the accounts the employee donors had designated.
The Foundation participates in the Maryland Charities Campaign (MCC) and the Combined Federal Campaign (CFC).
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Maryland Charities Campaign (MCC):** A report is received from MCC for each institution. It details the donor name, address, amount donated for those donors who have given permission to the release of their name. Donors who did not choose to be identified are listed on the report as "Anonymous Giver" with the $ amount of their gift noted.
** A copy of the MCC report is forwarded to each institutional OIA. The gift processing office uses this report to enter a pledge for each donor whose name in on the list. The pledge is posted to the endowment account designated by the donor, if applicable, or to the institution’s MCC account if no endowment was specified.
Contributions from all donors who did not choose to be identified are posted as a lump sum pledge to the institution’s MCC account.
** Distributions, representing these designated and undesignated funds, less the MCC administrative fee, are received and are deposited to a Foundation holding account.
** Semi-annually, the balance in the holding account is adjusted as funds are allocated to the institutional accounts that were designated by the donors.
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Combined Federal Campaign (CFC):** A report is received from CFC. If a donor has given permission to the release of his/her name, the report details the donor name, address, and institutional account he/she has designated. Donors who did not choose to be identified are listed on the report as "Anonymous Giver" with the $ amount of their gift noted.
Note: If a donor has informed the Foundation in writing of the amount of their contribution and the institution it is to benefit, that information is kept on file until the funds are distributed to that institution.
** Distributions, representing these designated and undesignated funds, less the CFC administrative fee, are received and are deposited to a Foundation holding account.
** Semi-annually, the balance in the holding account is adjusted as funds are allocated to the institutional accounts that were designated by the donors, if applicable, or to the USM Office Scholarship Program.
Stocks and Bonds:When a gift of stock or bonds is intended, notify the Foundation Business Office in writing PRIOR to the gifting transaction.
** Send the following information:
·
Donor name·
Name of the stock/bond and the # of shares to be gifted·
Name of the firm that will transfer the stock/bond·
Account number to which the gift is to be applied** Transfer stocks/bonds either through a (1) DTC transfer, or by (2) sending the Certificate along with a completed Stock/Bond Power Form, or (3) by transferring the stock/bond to an account at a brokerage firm --- the least preferred.
(See instructions detailed below for each of these options)
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DTC Transfer:DTC transfer is the easiest method when a third party (not the donor) holds the Certificate. Contact the Foundation Director of Accounting for information and instructions on using this method.
if a dtc transfer is initiated and the foundation has no information, the stock/bond will be returned.
When a DTC transfer of a stock/bond Certificate is received:
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The Foundation Director of Accounting informs the institution of the $ value of the stock/bond;(The dollar value of the gift is the average of the high and low value of the security on the day the gift is given.)
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OIA enters the gift information in BSR, as outlined in the BSR Gift Policy and Procedures Manual;V
Sending a stock/bond Certificate with a Stock/Bond Power Form:If the donor has the Certificate, he/she can either (1) endorse the back of the certificate or use a separate Stock/Bond Power Form as the endorsement vehicle, or (2) have the stock/bond reissued in the Foundation's name by sending the Certificate to the Transfer Agent.
if a stock or bond certificate is received, about which the foundation has been given no prior information, if the donor is identifiable, the foundation will contact him/her.
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OIA forwards the certificate and any information regarding the donor and the donor's designation(s) and/or restriction(s) to the Foundation Business Office.®
The Foundation Director of Accounting informs the institution of the $ value of the stock/bond;(The dollar value of the gift is the average of the high and low value of the security on the day the gift is given.)
®
OIA enters the gift information in BSR, as outlined in the BSR Gift Policy and Procedures Manual;®
Certificates are forwarded to the Foundation's custodian.(Corporate Resolution Forms needed to complete the transaction are on file with the Foundation's custodian).
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Transferring the stock/bond to an account at a brokerage firm:Contact the Foundation Business Office for instructions on how this method works.
- NON-MONETARY METHODS OF GIVING
The Foundation accepts non-monetary gifts in the form of gifts-in-kind, life insurance, trusts and annuities.
Gifts-In-Kind:Gifts-in-Kind are non-cash contributions such as real estate, equipment, and art. Gifts of this nature are usually processed by OIA of the USM institution that will benefit from the gift, with the exception of UMBI and UMCES, whose gifts in this form are processed by the Foundation Business Office.
only contributions that are of direct benefit to an institutional program or to the foundation, or which can be immediately sold will be accepted.
** OIA or the Foundation Business Office enters the gift information in BSR, as outlined in the BSR Gift Policy and Procedures Manual.
** Forward the Batch Report and copies of the documentation related to each gift (i.e., appraisals, deed of gift etc.) to the Foundation Business Office. Include an Inventory Control Form for all property where ownership is to be through the Foundation.
** The Account Clerk adjusts the GL code in the Batch Report, based on the appraised value.
Gifts with a value over $1,000 are recorded as assets. Gifts with a value under $1,000 are expended in the year they are received.
** IRS Form 8283: Donors who contribute non-cash gifts with a total value greater than $500 must file this form with their tax return. If the donor cannot obtain the form, the Foundation Business Office can provide a copy.
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The donor must complete the appropriate sections of the form, including the appraisal section,which provides information regarding the value of the item(s) donated.
>> For those items with a value under $500, the donor's estimate is acceptable.
>> For those items with a value between $500 and $5,000, an internal "expert" can value the
property.
>> For those with a value of over $5,000 an independent qualified appraiser must sign the form
or provide the information on their letterhead.
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The donor must forward the completed form to the Foundation Business Office for review and signature.®
The Foundation mails the form back to the donor after it is signed.** IRS Form 8282: The Foundation must file this form with the IRS if the property is sold within two years of the date of the gift.
Real Estate Gifts:(See the POLICY STATEMENT - REAL ESTATE on page 50 for information about this area)
Life Insurance:
A donor may make a gift of life insurance, designating the Foundation as the owner and beneficiary.
Payment of the premiums is made through the Foundation once that occurs and continues until the donor dies or the policy is surrendered. The Foundation Accounting Associate oversees the payment process as follows:
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A schedule listing the due dates for the premium payments is maintained;þ
Two months prior to the date the premium is due for payment, the Accounting Associate prepares a reminder notice of payment due and sends it to the donor;þ
The mailing date of the reminder notice is noted on the payment schedule;þ
Premium payments are not remitted until the appropriate payment has been received from the donor;þ
The account is reconciled monthly to reflect any premium payments received from the donor and sent to the insurance carrier.þ
The Office of Planned Giving and/or the Development Office at the appropriate USM institution is notified when a problem occurs.Note: Premium payments made by the donor are tax deductible contributions, whether paid directly by the donor or by the donor through the Foundation.
Trusts and Annuities:
A donor may purchase an annuity contract or establish a trust with the Foundation. A portion of the
annuity / trust is a gift, with the remainder being a liability.
** The Office of Planned Giving (PG) coordinates the establishment of the annuity contract or trust.
** PG should notify the Foundation Business Office when documents for establishing an annuity or trust are prepared and sent to the perspective donor. This enables the Foundation to identify the donor and/or purpose of paperwork that is sometimes received while establishment of the annuity or
trust is still in process.
** PG forwards the signed annuity contract, the annuity / trust information and the Gift Information
Form to the Foundation Business Office when necessary paperwork has been completed.
** The Foundation sets up a sub-account for each annuity contract or trust.
** Payments due to the donor are disbursed via a Foundation check or via direct deposit.
** Tax Forms:
established.
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1099 Tax Forms are prepared annually by the Foundation and sent to each annuitant.K
Tax Returns for all Trusts administered by the Foundation are prepared for each donor by the Foundation’s accountants.
CASH DISBURSEMENTS - OBJECTIVES AND GUIDELINES
To ensure that cash is disbursed only upon proper authorization and that the request for payment is supported by the appropriate documentation, is for valid business purposes, and is properly recorded.
All disbursements must
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Provide a direct benefit to an institution¨
Be properly reported for tax purposes¨
Be used in compliance with any donor restrictions
The Foundation has an "Accountable Plan". The term "Accountable Plan" was developed by the IRS to set forth rules, which define legitimate expense reimbursements.
A qualified Accountable Plan requires all expenditures to
The IRS may view a disbursement as providing a personal benefit if there is any doubt concerning its business purpose. Even though in some cases the business purpose may be implied, it must be specifically documented to pass IRS scrutiny.
Paying for or reimbursing for "lavish" or "extravagant" expenses in unacceptable. These terms are used in IRC Sec 162 and are repeatedly used in IRS documentation, usually with a statement that these expenses are non-deductible. The Foundation will determine at its sole discretion either not to pay or reimburse or to reduce payment requests for expenses, which are unreasonable.
The Foundation will not reimburse for expenses if original receipts are not provided.
Exception: If an employee is reimbursed for a portion of the expenses from University sources. In those instances a copy of the receipt and the State reimbursement form will be accepted.
Credit cards: Credit card statements are generally insufficiently detailed to provide adequate supporting documentation. Original receipts for credit card purchases are obtainable from the vendor and should always be attached to the check request.
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V Exceptions to receipt requirement:G
Business use of a personal car at standard mileage rateG
Incidental tippingG
Expenditures under $25G
Per Diem based on University approved rate or U.S. State Department rate(See section on CASH DISBURSEMENTS - TRAVEL REQUESTS on page 29 for more information)
Reconstruction of records is allowable if originals have been lost through circumstances beyond the taxpayer’s control, such as fire, flood, etc. There may be some cases in which the Foundation will reimburse a person for bona fide business expenses when receipts have been lost, but the reimbursement will generally be included as taxable compensation.
the irs requires that payments to individuals which do not qualify as part of an "accountable plan" be included in the person’s income, either on a w-2 form or on a form 1099.
The Foundation will not reimburse for expenditures more than six (6) months old.
IRS guidelines are more stringent with regard to TRAVEL ADVANCES. All travel advances must be accounted for within 60 days. (See IRS section references on Travel Reimbursement procedures below).
Under Reg. 1.62-2 (f) an "Accountable Plan" must require persons to return within a reasonable period of time the amounts reimbursed that exceeded substantiated business expenses (advances).
Reg. 1.62 (h) states that if a company has an "Accountable Plan" but the person does not return excess amounts within reasonable time, the amount, which is taxable, is reported as compensation to the person.
V Expenses that will not be reimbursed:
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Personal expenses (i.e. meals, room, travel for a spouse or family, or when not on bona-fide business)7
Purchase and/or maintenance of equipment located at a home or other off-site location7
Political contributions7
Questionable items (i.e., those not in compliance with policies and grant requirements established by USM, the granting agency or the Foundation, or those that may give the perception of misuse of charitable funds)7
First class airline ticketsBusiness class airline tickets for domestic travel (unless they been pre-approved because of extenuating circumstances)
7
Loans to university employees or any other individual7
Payments of fines, penalties or finance charges7
Donations to other charitable organizations unless it is a de minimis amount given as an expression of condolence or sympathy** Submit all requests for disbursements on a Foundation DISBURSEMENT REQUEST FORM (see
Appendix page A-11) The form must be completed in its entirety and should include the following:
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Purpose: Provide detail of the purpose for which funds are to be usedi.e., use for the materials to be purchased / reason for a meeting and with whom, etc.
(See section on ACCOUNTABLE PLAN on page 23 for information related to travel and other types of reimbursements)
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Documentation: Attach ORIGINAL supporting documentationi.e., detailed invoices or receipts for all expenses over $25; a copy of an approved Out-of-State Travel authorization for university employees. balance due statements are not acceptable.
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Signatures: The form must be signed by two (2) persons --- the requestor and the approverThe approver must be one of the two persons listed on the Account Agreement Form as having signature authority.
If the check is to be made payable to the requestor or the approver, that person’s supervisor must sign the form. it is vital to understand that the signature serves as certification of the propriety of the requested expenditure, to the best of his/her knowledge and belief.
Note: Changes made to any of the information on the Disbursement Request Form must be initialed by the person who signs the form to confirm his/her approval; otherwise the form will be returned to the sender.
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Envelope: Provide an envelope with the originating office's address if the check is to be returned to that office, OR write "MAIL DIRECTLY TO PAYEE" on the form if the check is to be mailed directly to the payee. Make sure you have provided a complete mailing address for the payee!Note: The Foundation prefers to mail checks directly to vendors, but cannot make copies of the checks to return to the department when that is done. If the department chooses to be the one who distributes the checks to the vendor, then for internal control, someone without access to the checks should reconcile the account.
>> If the Disbursement Request Form is incomplete or is missing pertinent supporting documentation, the missing information will be identified and the form will be returned to the sender.
>> Disbursement Request Forms received at the Foundation's Business Office by 1:30 P.M. Thursday will usually be available the following Tuesday. Because procedure requires all requests be reviewed prior to check writing, requests will be processed in the order received; therefore if there is not enough time, some of the later arrivals may not be processed until the following week.
** The Accounts Payable Associate does the following:
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Reviews all Disbursement Request Forms to ensure:·
Correct account code and/or sub code is used·
Original and adequate supporting documentation is attached·
Reasonableness of the request·
Compliance with 501(c)(3) regulations, IRS regulations, federal government regulations, Secretary of State regulations, Board of Regents regulationsQuestionable requests are given to the Controller or the Vice President for Finance to review and determine appropriate follow-up
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Designates activity code (program, general and administrative or fundraising)þ
Enters data to the accounting systemþ
Generates the preliminary check registerþ
Reconciles the preliminary check register with the Disbursement Request Forms** The Staff Accountant generates the checks and gives them to the Accounting Clerk, who prepares them for mailing.
Note: Check requests for over $1,000 require a second signature. These checks are first reviewed by the Controller and then signed by the Vice President for Finance. In the absence of the Vice President, checks are signed by the Controller.
Departments can request an advance of up to $100 for petty cash. This enables small disbursements ($25 and under) to be paid from petty cash. Petty cash receipts can be submitted when needed to replenish the petty cash, but please do not submit disbursement requests for less than $10.
The department is responsible for safeguarding its petty cash. At all times the amount of cash on hand plus receipts must total the amount advanced for petty cash. Petty cash funds are subject to cash counts by a Foundation representative at any time without prior notification.
Emergency Checks / Hand Checks:
The Controller has authority to approve or deny requests for emergency checks / hand checks. The request and its supporting documentation is reviewed as to whether it is appropriate to prepare the
check. If the decision is affirmative, the Accounts Payable Associate does the following:
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retrieves the next available unused check from the locked cabinetþ
types the entriesþ
logs the check on the weekly listþ
gives the check to the Vice President for Finance to signþ
notifies the requester that the check is readyþ
gives the paperwork to the Director of Accounting for posting to the accounting recordsþ
files the check copy and its related paperwork numericallyPurchase Orders:
Purchase orders are sometimes needed when ordering equipment or purchasing services. If and when they are needed, they are available through the Accounts Payable Associate.
If the equipment or service cost is $1,000 or greater, the Foundation must countersign the Purchase Order in order to ensure that funds are available.
Equipment Purchases:
(See section on PURCHASES OF EQUIPMENT/FURNISHINGS on page 43 and section on FIXED ASSETS on page 44 for information related to such purchases)
Entertainment and Meals:
"Entertainment" refers to and includes expenses associated with attendance at restaurants, theaters and sporting events as well as the furnishing of food and beverages (meals) or hotel accommodations. These kinds of expenses are reimbursable when they are incurred for business purposes. Similarly, expenses incurred for "meals" are reimbursable when the food and/or beverages is provided for other persons for business purposes, other than those occasions when an employee is traveling on business.
A request for reimbursement for these kinds of expenses must include the following:
·
amount of each separate expenditure·
date of the activity·
place and description of the entertainment (if not apparent from the name of the establishment)·
business purpose for the expense, which cannot be incidental ( a short description such as, "discussed new research project, conducted departmental staff meeting", etc. is acceptable)·
name and affiliation of the other person(s) in attendanceALERT! Reimbursing for entertainment activities at theaters, sporting events, social gatherings, such as cocktail parties, country clubs and golf and athletic clubs are red flag issues under IRS audits.
Generally, meals for a spouse will not be reimbursed unless there is a legitimate business purpose for his/her presence (i.e., entertaining a donor whose spouse accompanies him/her or when the presence of the employee’s spouse is considered helpful to the fundraising effort).
the foundation will refuse payment for any meal or other entertainment expense for which the business purpose has not been sufficiently documented.
the foundation will refuse any payment for any meal considered lavish or extravagant.
- TRAVEL REQUESTS
** An itinerary with a brief description of the business activity for each day must be provided along with the disbursement request form. If the reimbursement request relates to attending a conference, a copy of the brochure with a note stating the traveler attended the event is acceptable.
** If a Travel Advance was issued and the actual expenses exceed the amount of the advance, deduct the amount advanced from the request for reimbursement.
If a Travel Advance was issued and the actual expenses are less than the amount of the advance, remit a check made payable to the Foundation along with a completed NON-GIFT DEPOSIT form.
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Hotel – the receipt must be a folio that itemizes the chargesÛ
Meals – the Per Diem rate or actual costs (with receipts) may be used for meals·
Domestic Travel: use the USM approved rate·
Foreign Travel: use the U.S. State Department rate www.state.gov/www/perdiems.html·
Actual meal expenses: if billing for actual meal expenses, include a receipt for all meals that exceed the Per Diem. Amounts exceeding the Per Diem may be questioned, if significant.·
Meal reimbursements that include others: the name and affiliation of the additional person(s), and the business reason for their inclusion in the expense must be provided.Û
Mileage - a standard mileage rate can be used for automobile expenses. The rate cannot exceed the maximum IRS rate.Û
Airline travel - submit the original airline travel passenger receipt, even when the cost has been charged through Omega or Travel-On and billed directly to the Foundation. Also include the original travel agent invoice or airline invoice that documents the amount paid for the fare, if the purchase was made directly or through some source other than Omega, Travel-On or the Foundation.Û
Currency - convert foreign travel expenses to US dollars using one of the following guidelines:·
based on historical exchange rate on the date incurred www.oanda.com/convert/fxhistory·
based on amount posted to your credit card statement, if paid via credit card·
based on cash rate for expenses paid by cash. Document the rate used.Û
Expenses of a spouse – payment for a spouse who accompanies the employee when traveling is not allowed unless the spouse is an employee and along for a bona fide business purpose. To qualify as a valid business purpose, the spouse’s business involvement must meet the tests in the IRS Code and regulations with respect to spousal travel (See IRS Publication 463). The IRS rules are such that most spousal travel is not considered to be a bona fide business expense.Reimbursement for spousal attendance at retreats is not allowed.
Personal days within a business trip will not necessarily defeat the business nature of the trip. To ascertain the nature of the trip, each day must be classified as either business or personal. Days spent traveling to and from the business destination are considered business days. A day is also
considered a business day when at least four hours is spent on University business.
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If the cost of the trip is less if the individual stays a day or two longer in order to travel on a cheaper flight, the Foundation will reimburse for those extra days, even though they will be classified as personal days.¨
IRS regulations state that travel expenses, when part of the trip includes personal days, are usually deductible by the taxpayer as business expenses if the trip is primarily business in nature.¨
If the trip is primarily personal in nature, travel expenses are not deductible. Travel expenses that do not qualify as deductible business expenses will not be reimbursed. (See IRS publication 463 for more information) www.irs.treas.govA travel advance can be provided for extended trips. Submit the following:
·
a completed Disbursement Request Form.·
a copy of the approved Travel Authorization·
an explanation of the reason for the advance.Note:
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A Form 1099 will be issued for the amount of the advance if substantiation is not received within a reasonable period of time. (per IRS Reg 1.2-2(g), "within 60days" after the expense was paid or incurred constitutes a reasonable period of time.)the foundation has the right to refuse any request for an advance that is not considered reasonable or is in violation of regulations governing 501(c)(3) organizations, state ethics laws, or irs regulations.
- EMPLOYEES & INDEPENDENT CONTRACTORS
The complex and ever-changing Internal Revenue Code and IRS rules, regulations and procedures sometimes make it difficult to make the distinction between employee status and independent contractor status and is often subjective in nature. Contact the Foundation before making a commitment, if you need to pay an individual, not through a corporation, for personal services. Be aware of the following:
GUIDELINES RE INDEPENDENT CONTRACTORS:
Be aware of the following with regard to independent contractors:
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The following persons can be treated as independent contractors, IF they are U.S. citizens:·
Guest Lecturers (e.g. a person who lectures at a conference or workshop)·
A person who provides the same or similar services to other entities or to the general public as part of a trade or business¨
If it is determined that the person is a non-resident alien, it might be impossible for the Foundation to compensate the person. (See section on CASH DISBURSEMENTS - NON-RESIDENT ALIENS on page 35 for more information)S
Required Documentation:payment to the individual cannot be processed until the w-9 form has been completed
S
Tax Issues:K
A completed Form W-9 (Request for Taxpayer Identification Number and Certification) must be executed for each person to be paid as an independent contractor. The person’s social security number, home address and signature must be included on the form.K
Payments for services by non-employees (independent contractors) are reported to the recipient and to the IRS on a Form1099.Be aware of the following with regard to employees:
¨
Paperwork required by the federal government must be completed PRIOR to the actual start ofwork
the foundation cannot make payment for work that was performed prior to the completion of the required paperwork.
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If it is determined that the person is a non-resident alien, it might be impossible for the Foundation to compensate the person. (See section on CASH DISBURSEMENTS - NON-RESIDENT ALIENS on page 35 for more information)K
Compensatory payments to employees are reported on a W-2 Form.Faculty and Staff Awards, Bonuses, etc.:
Payments made to university employees as bonuses, awards or for services in excess of their usual duties must be included on the employee’s Form W-2. All such payments must therefore be made through the University payroll system, after which the Foundation can be asked to reimburse the University from the appropriate account.
Employee Gifts/Achievement Awards:
Gifts to employees are generally discouraged and may violate state ethics laws. Foundation policy allows for reimbursement of tangible (non-cash) employee gifts of a de minimis amount (valued at $25 or less and given on an infrequent basis). Those reimbursements will not be included in the recipient’s taxable income.
Note: This policy is based on current tax law, which states that $25 is the maximum amount an employee can deduct and that he/she does not need to report that payment as income. In addition, it is the amount the Maryland State Ethics Commission considers allowable for an employee to receive as a gift without requiring reporting.
Note: Flowers or plaques given to employees as an appreciation gift or award fall under this rule.
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Flowers / Memorial Contributions:Flowers may be sent, when intended as an expression of sympathy or concern related to the hospitalization of or as a memorial for an employee and his/her spouse, and lineal descendants, adopted children, stepchildren, ancestors, siblings and members of the immediate household, as long as the amount is reasonable. In-laws are not included.
Memorial contributions to charitable entities or other appropriate expressions of sympathy, in lieu of flowers, are acceptable. The limit on these is $50, including delivery and any taxes or other charges.
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Gift Certificates:Gift certificates are considered cash equivalents and therefore become taxable income to the employee. The Foundation cannot pay for cash equivalents. Requests for payment will be returned.
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Personal Gifts:Foundation funds should not be used to purchase personal gifts, such as those for Secretary’s Day, Boss’s Day, a new baby, weddings, etc. These items provide a personal benefit to the recipient. As such, the expenditures are not made for a business purpose, as defined by IRS regulations.
If Foundation funds are used to provide a "personal benefit", both the Foundation and the person authorizing the expenditure may be subject to "intermediate sanctions" from the IRS.
Staff meetings, luncheons, etc.:Foundation funds may be used to pay expenses for bona fide staff meetings, luncheons, etc.
Fringe Benefits Payments:
As a general rule, any Fringe Benefit is taxable unless specifically excluded by the tax laws.
Moving Expenses below) or business related expenses.
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Fringe Benefits paid by the employer that are not exempt from tax laws must be included in the employee’s Form W-2 Form.Be aware of the following:
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Payment of business related expenses to or on behalf of an employee of the University is taxable, unless it is made in accordance with the rules of an Accountable Plan (see section on ACCOUNTABLE PLAN on page 23 for more information). However, even when payment is made under the rules of an Accountable Plan, if the payment confers benefit to the individual, such payment is considered to be a taxable "Fringe Benefit".
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Payments to university employees in the form of Fringe Benefits may or may not be taxableincome.
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Payments made by the Foundation in the form of Fringe Benefits must support the mission of theUniversity.
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Moving Expenses:The Foundation can reimburse the University for moving expenses they have paid on behalf of a University employee.
Whether the Foundation can directly reimburse a University employee or pay his/her moving
expenses directly is determined by tax laws (is the expense exempt or not exempt?), as detailed
below:
exempt: The following moving expenses are exempt under tax laws IF the new main job
location is at least 50 miles farther from the former home than the old main job location:
storage expenses)
meals) to get to the new home. This should be done using the shortest route.
mile.
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Moving expenses which are exempt under tax laws can be paid directly, or reimbursed to theUniversity employee directly, or reimbursed to the University.
not exempt expenses: The following moving expenses are not exempt under tax laws:
G
Pre-move house hunting tripsG
Temporary living expensesG
Meal expenses while moving or while occupying temporary quartersG
Expenses of buying or selling a homeG
Qualified residence sale, purchase, or lease expensesG
Car tags, driver’s licenseK
Moving expenses which are not exempt under tax laws may be reimbursed to the University.The University must include that reimbursement in the employee’s W-2 Form.
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Business related benefits:Fringe benefits paid for valid business purposes are exempt from tax laws (i.e., business trips,
business meals, yearly membership dues, etc.)
the foundation does not pay for lifetime membership dues, as a business connection ceases upon termination of employment.
·
Club dues: - The IRS has ruled that payments for certain types of club dues paid on behalf of an individual are usually not business related. Payment requests for dues paid to airline travelclubs, or similar social clubs will be thoroughly reviewed.
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If approved, the amount paid will be taxable income to the person whose dues are being paid.·
Mobile phone costs: - The Foundation will not purchase mobile phones for any university employee, but will reimburse for any business calls.
Making payment to non-resident aliens, whether it is for employment, honoraria, reimbursement of expenses,or some other university-related purpose, is subject to many requirements and restrictions and requires special documentation.
contact the foundation business office before promising payment to a foreign national.
The following general information applies:
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Immigration entry VISA type – is the payment legal?A variety of VISA types are issued to non-resident aliens. The types identified below are the ones seen and processed most frequently by the Foundation with regard to non-resident aliens who are
associated in some way with a USM institution:
A non-resident alien with B-1 or B-2 entry status can generally receive reimbursement for travel expenses under "Accountable Plan" rules. Honoraria payments may be made, under very specific circumstances.
Prior to any payment being made, the Foundation must have on file a statement signed by the non-resident alien, which attests to their VISA status and any other circumstances which are required to validate their eligibility for payment. contact umf for the required form.
Persons with this entry status generally can be paid income if the F VISA is sponsored by the USM institution that is requesting the payment and if other required documentation is supplied to UMF.
Persons with this entry status generally can be paid income if the J VISA is sponsored by the USM institution that is requesting the payment and if other required documentation is supplied to UMF.
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Taxation – is the payment taxable?The general rule for taxation of payments to non-resident aliens (except for business expense reimbursements) is to withhold 14% of scholarship payments and to withhold 30% of all other payments. These requirements apply to all compensation for independent personal services, such as honoraria to visiting lecturers, consultants and independent contractors.
Compensation for dependent personal services (employee/employer relationship) is taxed using the U.S. withholding rates.
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To receive the compensation/income payment on U.S. source income the non-resident alien must already have (or obtain) a U.S. social security number or ITIN number, regardless of VISA status.K
U.S. social security numbers are only provided if the non-resident alien is acting in the capacity of an employee.K
The University of Maryland Foundation, Inc, is a certified acceptance agent for the IRS for the issuance of ITIN numbers. Contact UMF for necessary documents to obtain an ITIN number.K
To claim a tax treaty benefit a non–resident alien must already have (or obtain) a U.S. social security number or ITIN number, regardless of VISA status.K
Form 1042-S will be prepared by the Foundation and issued to foreign nationals who received U.S. source income (not reimbursement), including income that was exempt under a U.S. tax treaty.
Payments to and for the benefit of students can be for scholarships, awards, employment-related, or for reimbursement of expenses.
Scholarships are payments made to assist in retaining students, with no benefit expected.
Required information:Required information regarding the recipient(s) which must accompany the Disbursement Request Form includes:
·
Name·
SS #·
Academic year·
Award notification letter to the student or some other official documentationK
Under IRC Section 117, scholarships for tuition, books and fees are not taxable. Any amount in excess of tuition, books and fees is taxable.K
Any payment given for services rendered, even if it is called a scholarship, is compensation and must be reported on a Form W-2.K
Scholarships that are not compensation or are not given to non-resident aliens are not reportable. However, the student must include the portion in excess of tuition, books and fees as income on their tax return. Expenses reimbursement:There are occasions when a student receives notice of a scholarship award after he/she has already paid some or all of the costs that are covered by the scholarship. In those circumstances, upon receipt of the required information and documentation to confirm the award, the Foundation can reimburse the student directly from the appropriate account for those pre-paid expenses.
Procedures for reimbursement:Each institution has it own procedures for determining scholarship awards and coordinating the payments associated with those awards:
UMCP: Foundation checks are issued payable to the University. Information on scholarships must be communicated to the Office of Financial Aid (OFA). OFA provides the departments with reports confirming the award(s) made. A copy of the report is submitted to the Foundation with the Disbursement Request Form and provides the required information detailed above.
UMB: Foundation checks can be issued payable to the student directly or to the University. When requests are for payments directly to the student, the formal letter notifying the student of the award must accompany the Disbursement Request Form. In all other cases, required information regarding the recipient(s) must be included with the Disbursement Request Form.
UMBC: Foundation checks can be issued payable to the student directly, or to the University. Information on scholarships must be communicated to the Office of Financial Aid (OFA) using a five-part form they supply. One part of the form must be sent to OFA and one part must be submitted with the Disbursement Request Form.
UMES: Foundation checks can be issued payable to the student directly or to the University. Scholarships are coordinated through various departments at the University. Required information regarding the recipient(s) must accompany the Disbursement Request Form.
UMUC: Foundation checks can be issued payable to the student directly or to the University. Scholarships are coordinated through various departments at the University. Required information regarding the recipient(s) must accompany the Disbursement Request Form.
Awards are designed to recognize achievement. Awards to recognize academic achievement may be paid directly to the student. An IRS Form W-9 as well as the notification letter must accompany the
Disbursement Request Form.
K
Awards paid to students are considered taxable and are reportable on Form 1099 under IRC Section 74.
If a student is given funds for which he/she must work (i.e., teaching assistant), that student must be considered and processed as an employee.
Employment can either be handled through the University’s payroll system, in which case the Foundation can reimburse the University from the appropriate account, OR employment can be arranged through the Foundation’s payroll system. (See section on PAYROLL on page 39 for information on placing a
person of the Foundation payroll.)
K
Any payment given for services rendered, even if it is called a scholarship, is compensation and must be reported on a Form W-2.
Travel related payments to students fall into two categories:
travels on a research trip.
For payments under category (1), the student is treated as an employee and any payment must comply with the "Accountable Plan" rules. These payments are not reportable as taxable income.
A payment under category (2) is considered a scholarship and is subject to the rules for scholarship payments. The payment may therefore be taxable to the recipient.
(See IRS Publication 520, Scholarships and Fellowships, for more information)
To ensure that payroll disbursements are made only upon proper authorization of management to bona fide employees, that payroll disbursements are properly recorded, and that related legal requirements (such as payroll taxes) are complied with.
All employees paid through the Foundation are classified under the same "category" --- they are paid either as a full-time or a part-time employee.
Û
Required documents:
(2) Employment Letter Cover Sheet signed by the person who has signature authority on the account from which the employee will be paid (identifies the department, account number,
employee supervisor, and person with signature authority)
(3) Signed form confirming the employee has received a copy of the UMF personnel manual
(4) Form W-4
(6) Non-resident Aliens require the following additional documents in their files for U.S. income tax purposes:
·
Copy of their Visa with a valid I-94 stamp·
Copy of a valid passport·
Form I-20 or Form IAP 66 (whichever is applicable)·
Copy of Social Security card·
Completed Substantial Presence Test (used to determine whether person is a Non-resident Alien or a Resident Alien for U.S. income tax purposes)The form is available through the UMF payroll office.
Û
Employment Agreements:An Employment Agreement may be included in the personnel file when and if an employee has been hired for a specific time period and the employer wants to document that arrangement for the record. In those cases, the person with signature authority should submit a letter to the Foundation that documents the arrangement. The UMF President will also sign the letter if the parties involved want the document to reflect the signatures of both the employer and the Foundation.
** The Payroll Administrator maintains the personnel files. He/she confirms that all required documents are completed and on file for each employee.
** Biweekly time sheets signed by immediate supervisor(s) must be submitted. This record is used to compute pay for hourly employees and maintain leave records for salaried employees.
Hourly employees will only be paid upon submission of a time sheet. Salaried employees must submit a time sheet for every two week period, but it can be submitted monthly.
** The employee record of annual leave accrued and used is maintained by the employing department. When an employee resigns or is terminated, accrued annual leave will be paid only to the extent that information has been provided to the Foundation for its payroll records.
** non-resident aliens: Specific tax rules and requirements apply, per Internal Revenue Code
K
For U. S. Income Tax purposes the law requires an additional federal withholding each pay period for all persons classified as Non-resident Aliens (currently $15.30 per biweekly pay period, subject to change)K
For U.S. income tax purposes, F-1, J-1, M-1 and Q-1 Visa holders who are classified as Non-resident Aliens for U.S. are exempt from FICA.K
Non-resident Aliens may never claim exemption from federal withholding and must complete Form W-4 as follows:· Filing Status - Single (even if marital status is not single)
·
Number of exemptions claimed must be 1 or 0·
Additional federal withholding must be shownNote: State tax rules and requirements follow the federal guidelines.
** resident aliens: For U.S. Income Tax purposes persons in this category are treated equivalent to U.S. citizens.
Procedure – Payment of salary, taxes, etc.:
A separate bank account is maintained for payroll. Funds are transferred biweekly (corresponding to the pay date) before the checks are distributed.
** The Payroll Administrator prepares the payroll, prints the checks, transfers the funds, and distributes the checks.
** The Director of Accounting performs the bank reconciliation.
** The Payroll Administrator calculates and remits tax payments, insurance premiums and other required assessments according to the schedule indicated below:
|
biweekly |
monthly |
quarterly |
annually |
on request |
|
· Federal payroll taxes· Retirement plan deposits· SRA deposits· Parking witholding |
· State payroll taxes· Health ins premiums |
· SUTA taxes· Form 941 |
· Form W-2( by 01/31 to the employee)· Form 5500 |
· Flex Plan reimbursements |
** The Vice President for Finance reviews the payroll register periodically.
** The Vice President for Finance reviews the W-2 and Form 941 information periodically.
As a 501(c)(3) organization, the Foundation may not make loans / advances, with or without interest, that would be used for the private inurement of any individual.
Loans through the Foundation are made only to students and only under bona fide loan programs wherein the funds were donated for that purpose.
NO OTHER LOANS WILL BE MADE
PURCHASES OF EQUIPMENT / FURNISHINGS
To ensure that purchases of tangible property are appropriately safeguarded and properly recorded.
Assets purchased with Foundation funds must benefit the University and usually become University property when acquired. The Foundation reports all purchases to the appropriate USM University office so the item(s) can be inventoried.
the foundation will not pay for repair or maintenance to equipment or furnishings that are not physically located on university property.
** A completed and signed INVENTORY CONTROL FORM (see Appendix page A-14) must be submitted along with the DISBURSEMENT REQUEST FORM (see Appendix page A-11)for all equipment/ furnishings purchases over $1,000 and for all purchases of computers, regardless of the cost. No check will be issued without this document.
** Receipt of the INVENTORY CONTROL FORM is noted on the DISBURSEMENT REQUEST FORM.
** The INVENTORY CONTROL FORM is sent with a letter of transmittal to the appropriate USM institution inventory department, noting transfer of ownership to that USM institution.
** A copy of the form and transmittal letter is filed chronologically at the Foundation Business Office.
Note: There are occasional unique circumstances when ownership of equipment/furnishings is retained by the Foundation. In such cases the equipment is tagged by the Foundation, with insurance and maintenance provided under the Foundation's policy. Equipment/furnishings owned by the Foundation is reviewed annually.
Call the Foundation’s Controller if you have questions or believe the circumstances that require your purchase of equipment/furnishings should be considered unique.
To ensure that acquisition or disposal of fixed assets is properly authorized, and that those assets are adequately safeguarded and properly recorded.
** Recording:
Purchased Assets:Assets are recorded as an expense and transferred to University ownership.
Contributed Assets:Fair Market Value: A contributed asset that will be used and not sold is recorded, using the fair market value as of the date of donation.
documentation: Supporting documentation for all assets contributed to the Foundation must be forwarded to the Vice President for Finance.
** Disbursement Requests:
Assets acquired with Foundation funds for the use of a constituent institution are subject to cash disbursement procedures.
exception: When equipment to be purchased costs over $25,000 three (3) bids must be obtained and submitted with the disbursement request.
** Capitalization and Depreciation:
Assets acquired by the Foundation for the purposes of conducting its business are capitalized and depreciated over the following number of years using the ½ year convention.
·
Automobiles- 5 years·
Computers- 5 years·
Other equipment- 5 years** Review of Assets:
·
Assets are reviewed periodically by the Foundation Board.·
Insurance coverage related to assets is reviewed annually.·
Assets are appraised when determined appropriate.** Sale of Assets:
When an asset is sold a gain or loss is recorded.
POLICY – APPROVAL OF OFFICERS’ TRAVEL AND ENTERTAINMENT
THE UNIVERSITY OF MARYLAND FOUNDATION, INC.
ENDOWED FUNDS
The Endowment Spending Policy was established in order to preserve purchasing power of the assets, to protect against erosion of nominal principal, and to promote stability and predictability of annual budgeting.
For calculation purposes, the base year should be a year in which per-share (or per unit) distribution is at or below the target long-term spending rate (e.g. 5.5% of endowment market value).
The amount distributed in the base year is computed by multiplying the calculated per unit distribution amount by the number of units attributable to each fund.
In subsequent fiscal years, the per-unit distribution is increased by the long-term inflation rate (CPI).
If a substantial decline in market value occurs and the per-unit distribution exceeds 6% of the twenty-quarter average, the per-unit distribution remains at the prior year level. In no case shall the per unit distribution exceed 6.5%.
If a substantial increase in market value occurs, and the per share distribution falls below 4.5% of the twenty-quarter average, the per-unit distribution is increased to 5% of market value.
If a decline in market occurs whereby there is a loss of 40% or more over a two-year period, this spending policy will be reviewed with consideration given to a reduction in the amount of annual distribution.
Approved by the Finance Committee
June 6, 1997
Terminology
POOLED FUND Consolidation of all Foundation endowment funds for investment purposes.
MARKET VALUE Current market price of a security, as indicated by the latest trade record. The value of the total fund includes receipts, disbursements, interest, dividends, realized gains or losses and unrealized gains or losses.
UNIT VALUE The standard of measurement for the endowment fund. The value of one unit was established in 1985 at $10.00. Current unit value is calculated by dividing the total market value by the number of outstanding units. New Funds and earnings deposited in