Approximately one-third of all annual giving occurs in December. Supporters of local charitable organizations are generous throughout the year; however, nonprofit organizations rely heavily on year-end giving to fulfill their work and mission for all 12 months. At the Community Foundation, in addition to annual giving, many donors turn their thoughts to ways to perpetuate their support of causes through lifetime giving and legacy planning. At the same time, many take advantage of utilizing the benefit of the unique tool of a Community Foundation donor-advised fund to help ensure they reach a level that allows all of their yearly charitable giving to surpass standard deduction levels to ensure their deductibility.
Meanwhile, more Northern New Yorkers have become residents of other states (predominantly Florida). For local nonprofits, this is a trend that may be a cause for concern. An unintended consequence of a change of domicile is that now-seasonal New Yorkers inevitably become attached to charitable organizations and churches where they spend the winter. This is understandable.
What is less understandable, however, is some former residents are wrongly led to believe that their choice to change their residence limits, or even prohibits, their ability to make charitable contributions in New York. I occasionally have conversations with donors who have spent their lives, raised their families and earned their living in the North Country who fear that their domicile status may be jeopardized by their expression of charity. Not only is this notion hurtful to our area, it is simply not true. There are checklists of “do’s and don’ts” where domicile is concerned, however, published tax audit guidelines make clear the intent of the law is not to interfere in any way with personal giving, either within New York or anywhere else.
You should always consult your advisors for accounting and legal advice, and the Community Foundation will soon publish a more in-depth article on this written by a local estate planning attorney. For the purposes of this column, it is simply worth noting in broad terms that New York State auditor’s guidelines specifically state that a taxpayer’s charitable contributions are a “non-factor” and are not to be taken into account in determining domicile. The guidelines go even further to ensure that volunteer service not be used in any way to jeopardize domicile. Taken directly from the New York State Department of Taxation and Finance website: “Live out of state? Donating to a NY-based charity doesn’t make you a NYS resident for tax purposes. Making a charitable contribution to a New York State charity does not determine your domicile (your permanent and principal home for tax purposes). We want residents of other states to know that they can contribute to New York State charities with full knowledge that such a contribution isn’t taken into account when determining domicile.”
The North Country relies on gifts of both time and treasure from all for whom this place holds special meaning. We must do everything we can to help ensure that both organizations and the donors who support them are not misled down a path that somehow those relationships need end with a change in domicile.
Charitable giving is a very personal decision. Done properly, it is an extension of the individual and a reflection of one’s interests, passions and values. For many, that includes causes that they have supported for many years, across multiple generations. It is a reflection of their fondness and appreciation for the way the North Country has weaved through their lives. If donors choose to cease their giving and sever their ties to Northern New York charities, it should be for reasons other than mistaken myth and misconception.
Our region has been blessed by a culture of giving that has enhanced the quality of life here. Not only do our regional organizations rely on and value that type of generosity, those donors who desire to be part of that heritage need to be reassured that domicile need not be an obstacle to their personal and individualized expression of their core values in an enduring way.