Donor-advised funds (DAFs) are a topic of keen interest to nonprofits. When CalNonprofits conducted a survey recently, 424 nonprofits were quick to respond — discussing their own experiences with DAFs as well as their views on possible DAF regulations. And we are pleased to announce a new bill on DAFs - AB 1712 - co-sponsored by CalNonprofits, NextGen California, and philanthropist Kat Taylor. 

AB 1712 is authored by Assemblymember Buffy Wicks: “I introduced AB 1712 because we must ensure that tax incentives meant to encourage charitable contributions are being used as they were intended: to directly benefit the people and causes of service providers. They should not be used as a vehicle to benefit a few wealthy individuals, while depriving the general public of the benefits that result from direct gifts to charitable service providers,” she said.

“I want to bring stakeholders together so we can explore options to increase transparency. Let’s move to bring more sunlight to DAFs and unlock these much-needed funds by passing AB 1712."

Enormous changes in the field of donor-advised funds have reshaped the field far beyond how nonprofits have long understood it.

For many nonprofits, DAFs are most closely associated with community foundations. And in fact, in 2016 (most recently available data), there are 195 community foundations based in California holding $14.44 billion in assets. But the commercially affiliated funds such as Fidelity and Vanguard have far surpassed the community foundations in recent years, and Fidelity Charitable now has more assets than any other nonprofit in the U.S. Here in California, just one such fund — Schwab Charitable Fund — holds more than $8 billion in assets. Click here to learn more about donor-advised funds.

With this legislation we are highlighting two important public policy aspects of donor-advised funds:

First, there is no time requirement for any funds to be distributed out of the DAF to nonprofits. Donors receive an immediate tax deduction for donations into DAFs — an expense to the public — but the funds can be used for public benefit (given to nonprofits) anytime whether the subsequent week or in 100 (or more) years.

Second, DAF sponsors (whether a commercially affiliated fund or a community foundation) can make anonymous gifts to nonprofits without reporting any activity for individual funds. An unintended consequence of these aspects has made DAFs attractive vehicles for dark money, where huge gifts to 501c4s — including partisan political organizations — can be made without being traceable to the donor.

California nonprofits are familiar with donor-advised funds, with more than 70% of survey respondents saying they had received a donation within the last year from either a commercial fund or a community foundation. And, they are highly interested in seeing changes in several DAF areas:

Kat Taylor, impact investor and DAF holder, strongly endorsed AB 1712, saying, "As owners of donor-advised funds ourselves, we adhere to best practices to ensure the funds get out into the community. We are also committed to working with Assemblymember Wicks, our nonprofit allies, and other stakeholders to explore better reporting and transparency options.

And CalNonprofits CEO Jan Masaoka adds, "DAFs have an important role to play for donors and for nonprofits. It’s time for regulation to start catching up with the rapid, technology-driven changes in DAFs."

We’ll be updating you as the DAF bill evolves and moves through the California legislature. If you are not already receiving our eAlerts, click here to subscribe. And we welcome your perspectives, comments, and questions on the DAF bill below.