Internal Management Memoranda
EFFECTIVE DATE: December 1, 1993
INTERNAL MANAGEMENT MEMORANDUM: 6C1-6.60-1 (Revised)
SUBJECT: IFAS; Definition of "Gift"
A gift is defined as a transfer of funds, stock, property, or
services given to University of Florida Foundation, Inc.-SHARE
(Special Help for Agricultural Research and Education) by individuals,
corporations or foundations (non-governmental sponsored) to enhance
the programs of the Institute of Food and Agricultural Sciences,
University of Florida. The donor may make the gift unrestricted for
use in the teaching, research and extension programs or may restrict
the gift to a specific department/center or even a specific program
within a department/center. The donor cannot exercise control over
the objectives, project direction, methods of research, or scheduling
of a project. The donor cannot terminate a project for convenience,
issue changes, or specify strict adherence to the scope of the
project.
A gift is differentiated from sponsored grants, agreements and
contracts in the following ways:
- The donor will receive no direct or preferential benefit or
service from having given a gift, such as the furthering of
the donor's product research endeavors. Direct or
preferential benefit or service is defined as a study or
research project directed specifically to a particular
product produced solely by the donor.
- The donor requires neither program nor financial
accountability in the form of written reports for the
project supported by the gift.
- Dissemination of program or project results supported or
advanced by the donor's gift is unrestricted. Results may
be released to the public without donor acknowledgement.
- Fiscal procedures and regulations differ for funds handled
as gifts by the IFAS Office of Development--SHARE and
sponsored program agreements handled by the IFAS Grants
Office. The distinctions between gifts and grants are
based on differences specified by (1) IRS rules, (2) State
and University rules, (3) the Florida Statutes and tax
status governing the Foundation as compared to the
University, and (4) the intentions of the donor.
The importance of making the distinctions correctly is the
ability to avail ourselves of opportunities to use the more flexible
"gift" procedure whenever appropriate. For your convenience, a
checklist is attached to assist you in making a determination.
CHECKLIST FOR GIFTS TO IFAS*
- If the gift is restricted to a particular extension,
instruction, or research project, does the donor control the
project direction, methods, or scheduling?
YES_________ NO_________
- Is the donor able to change the project direction or method?
YES_________ NO_________
- If a particular project is being studied, is it produced only by
the donor?
YES_________ NO_________
- Is there a written agreement between donor and IFAS?
YES_________ NO_________
- Are there any restrictions placed on the dissemination or
results of the project?
YES_________ NO_________
- Is IFAS required to provide written program or financial
reports to the donor?
YES_________ NO_________
*If you can answer "no" to all these questions, the monies you
have received are in all probability a gift. If you answer "yes" to
any of these, you may be dealing with a grant. Please contact the
SHARE staff for clarification.
The Checklist does not apply to scholarships or fellowships, for
they are gifts. Assistantships and post-doctorates are grants because
they are OPS appointments.
For assistance in differentiating between gifts and grants,
please contact the IFAS Office of Development--SHARE or Grants Office.
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