Year-end giving is at its height! But what about those gifts that arrive in early January, and are dated

December 31, 2011? How does a non-profit acknowledge such as gift - and who is responsible . . . . Here are a few things to keep in mind as you process year-end gifts.

A charitable gift is considered made on the "date of delivery." Date of delivery rules differ depending on the type of property contributed and how it is transmitted to the charity. Below are considerations to keep in mind:

• Checks -- A check received by a charity through the mail is considered delivered on the date of the postmark, not the date of the check.
• Credit card - The date of delivery for a contribution charged on a bank credit card is the date the gift is charged to the account, not when it is paid.
• Securities -- A gift of a properly endorsed stock certificate is completed on the date of mailing or other delivery to the charity or to the charity's agent; in the case of electronic transfers, gifts are considered delivered when the transfer to the charity's brokerage account is complete.

Items sent by third parties -- For items sent via third parties, like FedEx and UPS, the gift date is the date the charity signs for the package, not the date it was sent.

While this is important information, charities have no responsibility to assign a date of delivery to charitable gifts. The IRS does not require charities to provide the gift date on written acknowledgments or receipts. The responsibility of determining the date of a charitable gift lies with the donor.

The IRS requires that gifts of $250 be documented by written substantiation from the charitable entity, although interestingly, there is no IRS penalty to the charity for failing to provide donors with this written substantiation.

For further clarification on determining the date of a charitable gift, please contact Karen Davenport at 603-356-3311 or kdavenport@davenportbarr.com.