Gift4Giving® Guidelines

These guidelines describe the Gift4Giving® program of Fidelity Charitable, as well as important policies and procedures associated with the Gift4Giving program, a donor-advised fund program of Fidelity Charitable. All activities of Fidelity Charitable and participation in the donor-advised fund program are subject to the terms and conditions of Fidelity Charitable’s Declaration of Trust ("Declaration of Trust"), Fidelity Charitable’s Program Guidelines, and these guidelines. Fidelity Charitable is governed by an independent Board of Trustees ("Trustees"), who are responsible for all aspects of its operations. The Trustees reserve the right to modify the program and these guidelines at any time, subject to the provisions of the Declaration of Trust.

About Fidelity Charitable

Fidelity Charitable, an independent 501(c)(3) public charity that administers donor-advised funds, was organized, and operates exclusively, for charitable purposes1. The mission of Fidelity Charitable is to grow the American tradition of philanthropy by providing programs that make charitable giving accessible, simple, and effective. Contributions to Fidelity Charitable are irrevocable and are immediately tax deductible2 to the fullest extent allowed by law. Contributions to Fidelity Charitable can be made at times that are most effective for the donor from a tax or financial planning perspective, while gifts to IRS-qualified public charities may be recommended on a separate timetable to support the donor’s charitable mission. Fidelity Charitable assets are invested and professionally managed, offering the potential for Fidelity Charitable contributions to grow and ultimately result in greater support for charitable organizations.

About donor-advised funds

A donor-advised fund is a type of charitable giving program operated by a public charity. An individual, trust, estate, or business entity ("donor") can make an irrevocable donation to the charity, which then owns and controls the contributed assets. The charity places the proceeds of the donor’s contribution in a fund called a "donor-advised fund". The donor is given advisory privileges with respect to the fund, including the privilege of recommending gifts to eligible charities exclusively for charitable purposes. Such gift recommendations are subject to the approval of the charity’s Board of Directors or Trustees.

About the Gift4Giving Program

Description

The Gift4Giving program allows Fidelity Charitable donors the opportunity to dedicate a portion of their donor-advised fund so that individuals designated by them ("Gift4Giving recipients" or "recipients") can recommend gifts to the charitable causes that matter to them. A Gift4Giving is not redeemable for cash and does not convey to the Gift4Giving recipient goods or services. A Gift4Giving exclusively provides the Gift4Giving recipient with the opportunity to recommend one or more gifts to the eligible charities of his/her choice.

Expiration

Each Gift4Giving expires 180 days after the Gift4Giving is created by the donor. At expiration, amounts remaining on a Gift4Giving will be credited back to the account from which they came.

Non-Transferability

Once the Gift4Giving has expired, the Gift4Giving recipient’s relationship with Fidelity Charitable shall terminate, and he/she shall have no additional privileges, rights, or role with respect to Fidelity Charitable or any of its assets or programs.

Gifts To Charity

Recommending a Gift

A Gift4Giving recipient has the privilege of recommending that Fidelity Charitable distribute a portion of its assets to the 501(c)(3) public charities of his/her choice. A Gift4Giving recipient has recommendation privileges only with respect to the amount of the Gift4Giving received by him/her.

Gifts will be made only to qualified charitable organizations3. Gift recommendations must be made online by following the hyperlink in the Gift4Giving email. Gift4Giving recipients are required to recommend gifts in increments of $50. So long as the amount of the Gift4Giving permits, a Gift4Giving recipient may recommend multiple gifts to qualified charities from one Gift4Giving.

Gift recommendations are not binding, and are subject to review and approval by the Trustees in their sole discretion. The Trustees have adopted procedures and safeguards with respect to making charitable gifts, to ensure that funds are used exclusively in furtherance of charitable purposes.

If a gift recommendation is not approved, Fidelity Charitable will notify the recipient by email. The recipient may submit an alternative gift recommendation at any time up until the time the Gift4Giving expires.

Eligible gift recipients: Public charities

Gifts can only be made to IRS-qualified public charities found in the Fidelity Charitable database of qualified gift recipient charities. These are organizations that are formed under the laws of the United States and its territories, which are public charities as described in Section 509(a)(1), (a)(2) or (a)(3) of the Internal Revenue Code ("the Code") of 1986 as amended and applicable regulations and IRS authority, or are private operating foundations as described in Section 4942(j)(3) of the Code and applicable regulations and IRS authority. Eligible public charities include the full range of charitable organizations, including hospitals, scientific and medical research organizations, religious organizations and places of worship, environmental and educational organizations, museums and arts organizations, and any other organizations or institutions formed for charitable purposes.

Ineligible gift recipients

  • Private foundations: Private foundations are not eligible to receive gifts from Fidelity Charitable (except for private operating foundations, as noted above).
  • Non-functionally integrated type III supporting organizations: Type III supporting organizations that are not "functionally integrated" are not eligible to receive gifts from Fidelity Charitable. These organizations are public charities described in sections 501(c)(3) and 509(a)(3) of the Code, which are organized and operated exclusively for the benefit of specified public charities, are specifically defined by the type of relationship they have with their supported public charities, are "Type III" supporting organizations under Section 4943(f)(5)(A) of the Code, but are not "functionally integrated" as described in section 4943(f)(5)(B) of the Code. In carrying out its functions or engaging in its activities, a supported organization does not generally rely on the support of a non-functionally integrated Type III supporting organization. (However, a supported organization does rely on a functionally integrated Type III supporting organization in carrying out its functions or engaging in its activities.)
  • Non-U.S. charities: Fidelity Charitable will not make gifts to non-U.S. charitable organizations (organizations not formed under the laws of the United States and its territories).

    Fidelity Charitable may, however, make gifts to U.S. public charities that carry on charitable activities outside of the United States, which may include supporting non-U.S. charitable organizations. With respect to gift recommendations to U.S. public charities that undertake to fund and exercise expenditure responsibility over non-U.S. charitable activities, Fidelity Charitable must verify the U.S. public charity. Such gift recommendations are subject to the policies of the recipient U.S. public charity including any fees and gift minimums that may apply.

Gift guidelines

Fidelity Charitable only makes gifts that are used exclusively in furtherance of charitable purposes. In accordance with that policy, Fidelity Charitable reserves the right to perform additional due diligence and to decline to make a recommended gift to a charitable organization, including, without limitation, (i) where the gift will confer a more than incidental benefit on a Gift4Giving recipient or other third party; (ii) where the gift will be used for lobbying, for political contributions, or to support political campaign activities; (iii) where the gift will be used for improper purposes; (iv) where the Gift4Giving recipient and related persons control the organization; (v) where Fidelity Charitable provides a substantial portion of the organization's public support; and (vi) for other reasons in accordance with Fidelity Charitable policies. Remedial actions may include, but are not limited to, requiring that the gift be returned or that the Gift4Giving recipient make an irrevocable and nondeductible contribution.

More than incidental benefit and financial obligations ("enforceable pledges")

Gifts may not be used to provide a more than incidental benefit, such as school tuition, scholarships sent directly to individuals, certain dues and membership fees with more than incidental benefits, admission to a charitable or other event, goods bought at charitable auctions, raffle tickets, or certain other goods or services. In addition, gifts may not be used to satisfy a financial obligation of any individual or entity (including an enforceable pledge).

Anonymous gifts

When recommending a gift, a Gift4Giving recipient may choose (i) to be identified by name and address to the recipient charity, or (ii) to remain anonymous and to not be identified, in which case the gift will be identified as recommended by a Gift4Giving recipient who wishes to remain anonymous. Fidelity Charitable will not release the Gift4Giving recipient’s name and contact information to any recipient charity without the Gift4Giving recipient’s explicit consent. Fidelity Charitable will not disclose to the Fidelity Charitable donor, who sent the Gift4Giving, the details of gift recommendations made by recipients, including the names and locations of recommended charities. However, the Fidelity Charitable donor will be able to view the balance of the Gift4Giving over time.

Minimum gift amounts

Fidelity Charitable will consider gift recommendations of $50 or more. Gift4Giving recipients are required to recommend gifts in increments of $50. If the amount of a gift recommendation exceeds the total Gift4Giving balance, Fidelity Charitable will make a gift in the amount of the remaining balance of the Gift4Giving.

Timing of gift distribution

Fidelity Charitable reviews gifts every business day upon receipt of a recommendation. If approved by the Trustees, Fidelity Charitable will make the gift as soon as possible, generally within 10 business days. If a gift is recommended to a charity not previously reviewed and verified by Fidelity Charitable, particularly to certain supporting organizations described in sections 501(c)(3) and 509(a)(3) of the Code, it will generally require additional due diligence and may take longer to review.

Gifts and gift confirmations

Gifts are made by Fidelity Charitable and are accompanied by a letter from Fidelity Charitable recognizing the name and address of the Gift4Giving recipient, unless anonymity is requested. Gift checks and accompanying transmittal letters are mailed via the United States Postal Service to the legal address of the charitable organization. Gift4Giving recipients may not deliver Fidelity Charitable gift checks to charitable organizations directly. After each gift is processed, the Gift4Giving recipient will receive a confirmation from Fidelity Charitable. If anonymity is not requested, you may also receive an acknowledgment directly from the charity. Gift4Giving recipients are not, however, eligible for charitable deductions for these gifts, since the gift is made by Fidelity Charitable.

Other Information

Misplaced or deleted emails

Fidelity Charitable is not responsible for Gift4Giving emails that are misdirected, misplaced, lost, or stolen. Fidelity Charitable will not replace any portion of a Gift4Giving balance sent to one or more qualified charities at the recommendation of some one other than the intended Gift4Giving recipient. If a Gift4Giving recipient deletes the email sent by Fidelity Charitable, he/she may request that the person who sent him/her the Gift4Giving have the email resent.

Copyright policy and trademarks

Persons and entities may not suggest that Fidelity Charitable endorses, sponsors or is affiliated with any non-Fidelity Charitable web site, entity, service or product. Gift4Giving recipients wishing to describe the programs and services of Fidelity Charitable should state that Fidelity Charitable is an independent public charity which operates a donor-advised fund program, and submit such reference to Fidelity Charitable for review and written approval by an authorized representative. Neither Gift4Giving recipients, nor other individuals or entities, may use any Fidelity Charitable trademark or service mark without the express written consent of an authorized representative of Fidelity Charitable.

Conflict of terms

In the event of an inconsistency between the terms of these guidelines and the Declaration of Trust, the terms of the Declaration of Trust will govern the rights and obligations of Fidelity Charitable and Gift4Giving recipients.

Termination of advisory privileges

The Trustees may terminate any privileges with respect to a Gift4Giving at any time.

1Fidelity Charitable has been recognized by the Internal Revenue Service (IRS) as a tax-exempt charitable organization that is a public charity, as described in Sections 501(c)(3), 509(a)(1) and 170(b)(1)(A)(vi) of Internal Revenue Code (“the Code”) of 1986 as amended. Fidelity Charitable is governed by an independent Board of Trustees under a Declaration of Trust, and all activities of Fidelity Charitable are subject to the Trustees’ discretion, directly or through staff or other agents, pursuant to the Declaration of Trust and these Guidelines.

2Information in these guidelines is general and educational in nature. It is not intended to be and should not be construed as legal or tax advice. Fidelity Charitable does not provide legal or tax advice. Content provided relates to taxation at the federal level only. Availability of certain federal income tax deductions may depend on whether you itemize deductions. Rules and regulations regarding deductions for charitable giving vary at the state level, and laws of a specific state or laws relevant to a particular situation may affect applicability, accuracy, or completeness of information provided. Charitable contributions of capital gain property held for more than one year are usually deductible at fair market value. Deductions for capital gain property held for one year or less are usually limited to cost basis. Consult an attorney or tax advisor regarding your specific situation.

3Qualified charitable organizations are those described in Section 170(b)(1)(A) of the Internal Revenue Code, which include qualified religious, educational, hospital or medical research, governmental, and publicly supported charitable organizations ("public charities").

Fidelity Charitable is an independent public charity with a donor-advised fund program. Various Fidelity companies provide investment management and administrative services to Fidelity Charitable. The Fidelity Charitable logo and Gift4Giving are service marks of the Trustees of Fidelity Charitable. Fidelity and Fidelity Investments are registered service marks of FMR LLC, used by Fidelity Charitable under license.