Collegiate Housing and Infrastructure Act:
H.R. 643 and S.638
501(c)(3)
Tax Provision Background:
·
Currently, organizations like the Alpha Phi
Foundation may only raise and/or donate tax-deductible
contributions for educational purposes such as scholarships, and
renovation of library and education-related facilities.
·
Colleges and universities use tax-deductible
contributions for a variety of purposes, including expansion,
renovation, and improvement of student living facilities such as
classrooms, laboratories, dormitories, meeting areas and dining
facilities.
·
The Internal Revenue Code forbids fraternities,
sororities, and other student associations that operate
501(c)(3) foundations, like the Alpha Phi Foundation, from using
tax-deductible contributions for the expansion, renovation, and
improvement of the student living spaces we own and operate,
such as similar infrastructure improvements to student housing,
meeting areas and dining facilities.
Chapter
Facilities Situation Analysis
·
Our chapter houses are deteriorating because under
the current tax law, the Alpha Phi Foundation cannot raise and
use donated funds for long-term capital improvements and makes
it incredibly difficult to:
§
Improve life-safety systems such as fire
sprinklers, hard-wired alarms, and security systems.
§
Upgrade obsolete electrical systems and make our
housing accessible for modern technological needs.
§
Make major repairs and renovations to housing that
has been heavily used for decades.
Safety Of
Our Members
·
Fire safety is our major concern. Each year,
fraternity housing fires nationwide have twice the injury rate
and five times the property damage of other collegiate housing
fires, primarily because we lack the funding needed to install
life-safety equipment.
·
The April 10, 2005 house fire at Miami University
in the state of Ohio that killed three students, and the August
2004 fire at the Alpha Tau Omega house at the University of
Mississippi, which also resulted in the deaths of three
students, are the latest in a series of preventable tragedies.
·
Studies show that 80% of fatalities in student
housing fires since 2000 have occurred in off campus housing
such as fraternities and sororities where a majority of students
live.
·
The Collegiate Housing and Infrastructure Act
of 2007 (H.R. 643/S.638) would allows tax deductible
contributions to fraternity and sorority foundations to be used
for the same purposes that a college or university could use
such contributions (except for physical fitness equipment).
·
In the 108th Congress, the Collegiate
Housing and Infrastructure Act was included in the Charitable
Giving Act of 2003 that passed the House by a 408-13 margin. The
2005 version of the Collegiate Housing and Infrastructure Act is
the same as the language within the Charitable Giving Act of
2003 that passed the House in the last Congress.
Greek Housing is a Key Source of Collegiate
Housing. The housing shortage would be even
worse without fraternities and sororities, who are
the nation’s largest not-for-profit student
landlords, operating several billion dollars in
housing for more than 250,000 students each year at
no cost to the host institutions. Fraternal housing,
like the housing provided by host institutions,
offers students a living and learning environment
designed to promote academic and personal
enrichment.
Collegiate Housing Capacity and Safety Need to be
Upgraded. Life safety upgrades are the top
challenge facing fraternal housing, as their smaller
and older living spaces have twice the injury rate
of other campus fires and significantly higher rates
of property losses. Studies show that 80% of
fatalities in student housing fires since 2000 have
occurred in off campus housing such as fraternities
and sororities where a majority of students live.
The April 10, 2005 house fire at Miami (OH)
University that killed three students, and the
August 2004 fire at the Alpha Tau Omega house at the
University of Mississippi, which also resulted in
the deaths of three students, are the latest in a
series of preventable tragedies.
The Current Tax Code Hinders Modernization and
Safety of Some Student Housing. The federal
income tax code allows colleges and universities to
use tax deductible contributions for infrastructure
improvements to classrooms, laboratories,
dormitories, meeting areas and dining facilities,
but forbids contributions to fraternity and sorority
foundations to be used to make similar
infrastructure improvements to student housing,
meeting areas and dining facilities.
The Time Has Come for Equitable Treatment.
There is no good policy reason for
distinguishing between gifts made to colleges and
universities for infrastructure improvements and
gifts made to fraternities and sororities for the
benefit of similarly situated students. The
Collegiate Housing and Infrastructure Act of 2007
(H.R. 643/S.638) erases this disparity and
allows tax deductible contributions to fraternity
and sorority foundations to be used for the same
purposes that a college or university could use such
contributions (except for physical fitness
equipment). In the 108th Congress, the
Collegiate Housing and Infrastructure Act was
included in the Charitable Giving Act of 2003 that
passed the House by a 408-13 margin. The 2005
version of the Collegiate Housing and Infrastructure
Act is the same as the language within the
Charitable Giving Act of 2003 that passed the House
in the last Congress.
Passing the Collegiate House and Infrastructure
Act would: