How to Create a Scholarship in Someone’s Name: Agreement and Taxes

Creating a scholarship in someone’s name comes down to three decisions made in order: how much you can commit, who you want the money to reach, and which organization will hold and administer the fund. Once those are settled, the rest is paperwork, a written agreement, and a calendar. A well-structured fund can award its first scholarship within a single academic cycle, and if you itemize, the federal charitable deduction can absorb a meaningful share of the cost.

Decide Whether the Fund Spends Down or Lasts Forever

An expendable fund pays every dollar you contribute out to students. You give, the administering organization awards, and when the balance hits zero the scholarship ends. It’s the simpler option and requires far less upfront money. If you want an immediate impact or can’t commit a large lump sum, this is usually the right structure.

An endowed fund is built to last. The organization invests your principal and awards only a portion of the investment returns each year, so the original gift keeps generating scholarships indefinitely. Annual payouts typically run 4% to 5% of the fund’s market value, meaning a $50,000 endowment produces roughly $2,000 to $2,500 a year in awards. Most universities require $25,000 to $50,000 to establish a named endowed scholarship, and some set the floor higher for funds with narrow eligibility rules. Payouts move modestly with the markets, but the principal is protected by the prudent-management rules that govern institutional endowments in nearly every state.

Choose How to Fund It

Cash is the default, but it isn’t always the most tax-efficient choice. Donating appreciated securities held longer than a year lets you skip the capital gains tax you’d owe on a sale while still claiming a charitable deduction for the full current market value. The deduction for appreciated property is capped at 30% of your adjusted gross income, versus 60% for cash, and any unused amount carries forward for up to five tax years.1Internal Revenue Service. Publication 526 (2025), Charitable Contributions For donors sitting on stock with a large embedded gain, the combined savings can be significant.

If you’re 70½ or older, a Qualified Charitable Distribution lets you send up to $111,000 in 2026 directly from a traditional IRA to a qualified public charity. The transfer isn’t counted as taxable income, and if you’re 73 or older, it can satisfy part or all of your required minimum distribution. You don’t get a separate charitable deduction because the money was never in your income to begin with. A QCD can be directed to establish a named scholarship endowment.

Crowdfunding platforms like GoFundMe are common for gathering memorial contributions, but donations to a personal fundraiser are generally treated as personal gifts, not charitable contributions, so donors get no deduction. If tax-deductibility matters to the people giving, the money has to flow through a registered 501(c)(3). Some platforms offer a nonprofit fundraiser option that routes contributions through a qualified charity and issues automatic tax receipts. Confirm that structure is in place before pointing anyone toward the page.

Pick an Administrative Partner

Most donors don’t run scholarship funds themselves. They partner with an organization that handles investment, applications, selection logistics, tax reporting, and disbursement. The two standard choices are university development offices and community foundations.

A university development office manages funds only for students at that school. This fits when the scholarship honors someone tied to a particular institution or field taught there. Community foundations reach more broadly and work better for scholarships aimed at local high school graduates across multiple districts or at students attending any accredited institution. Both are typically 501(c)(3) nonprofits, so contributions qualify for the federal charitable deduction.2Internal Revenue Service. Exemption Requirements – 501(c)(3) Organizations

One vehicle that won’t work: a donor-advised fund. Under the Pension Protection Act of 2006, DAFs are prohibited from making grants to individuals, which includes directing money to a specific scholarship recipient. You can use a DAF to make a grant to a university or community foundation’s general scholarship program, but you cannot use it to control the selection of individual recipients.

Administrative fees at community foundations generally run 0.5% to 1.5% of fund assets per year. University development offices charge similar rates, sometimes folded into their broader endowment management structure. Ask upfront about fees, investment options, and what the organization provides during the application cycle. Some run a full online application portal and handle marketing; others hand you a paper form and leave outreach to you.

Set Eligibility Criteria That Will Actually Work

Your criteria control who qualifies and how the selection committee evaluates applicants. The most common academic threshold is a minimum GPA, usually somewhere between 2.5 and 3.5. Financial need is another frequent criterion, typically assessed through the student’s Free Application for Federal Student Aid. The FAFSA generates a Student Aid Index that schools and scholarship administrators use to gauge how much a family can contribute.3Federal Student Aid. The Student Aid Index (SAI) Explained

Beyond grades and finances, you can target students from a specific geographic area, those pursuing a particular major, or those whose activities reflect the namesake’s interests. If the honoree was a volunteer firefighter, requiring documented community service hours makes the award feel personal rather than generic. You can also specify whether the money covers tuition, books, or living expenses.

Decide early whether the award renews or is a one-time payment. Renewable scholarships usually require the recipient to maintain a minimum GPA and full-time enrollment each year. A remediation path is worth building in: letting a student who slips below the GPA threshold recover through summer coursework, rather than losing the award immediately, keeps the fund aligned with the goal of helping students finish.

Know the Legal Limits on Who You Can Favor

You have wide latitude in defining eligibility, but federal law draws several lines most donors don’t think about until an administrator flags them.

Gender-based restrictions run into Title IX. A university generally cannot limit a scholarship to one gender under 34 C.F.R. § 106.37(a)(1). There’s a narrow exception for scholarships established through a will, trust, or similar legal instrument that specifies a particular gender, and the school can administer such a fund as long as its overall portfolio of sex-restricted awards doesn’t create a discriminatory imbalance. Even then, if the scholarship’s title or description could reasonably read as excluding one gender, the institution may need to add clarifying language.

Race-conscious criteria have become significantly riskier since the Supreme Court’s 2023 decision in Students for Fair Admissions v. Harvard. That case addressed admissions, but it prompted widespread changes to scholarship programs. Several universities and corporations have eliminated or revised race-based eligibility rather than face litigation, and lawsuits under 42 U.S.C. § 1981 have begun challenging race-restricted private programs as discriminatory contract practices. If you want to support underrepresented students, working with your administrative partner to define race-neutral criteria that still reach your intended population is the safer route.

The IRS layers on its own scrutiny. For scholarships administered through a private foundation, the selection process must be objective and nondiscriminatory, with criteria reasonably related to the educational purpose. Acceptable criteria include prior academic performance, standardized test scores, instructor recommendations, financial need, and the committee’s assessment of an applicant’s character and motivation.4eCFR. 26 CFR 53.4945-4 – Grants to Individuals No one involved in selection can be in a position to benefit personally from picking one applicant over another. Private foundations also have to obtain advance IRS approval of their selection procedures before awarding any grants; skipping that step triggers an initial excise tax of 10% of the grant amount, with an additional 100% tax if the problem isn’t corrected in time.5Internal Revenue Service. IRC 4945 – Scholarship Grants to Individuals Scholarships run through community foundations or university development offices typically don’t face the advance-approval requirement because those organizations already hold public charity status.

Draft the Scholarship Agreement

The scholarship agreement, often called a Memorandum of Understanding, converts your intentions into binding terms. Your administrative partner will hand you a template, but the substance is yours: the award amount (a fixed dollar figure or a percentage of annual endowment income), eligibility criteria, the selection process, and whether the award renews.

Most problems trace back to vague drafting. Criteria that read clearly when you wrote them turn ambiguous when a selection committee tries to apply them five years later. “Students interested in community service” is too soft. “Students who have completed at least 100 hours of documented volunteer work in the 12 months before the application deadline” is enforceable. Spell out every requirement in concrete, measurable terms.

The agreement should also address your role in selection. Some donors sit on the review committee; others delegate entirely to the partner’s staff. Either works, but IRS rules mean no one involved in selection can benefit personally from choosing one applicant over another.4eCFR. 26 CFR 53.4945-4 – Grants to Individuals If you sit on the committee, you generally can’t direct the scholarship to a family member or business associate.

Build in a flexibility clause. Programs get discontinued, eligible populations shrink, and criteria that made sense at the start can become impossible to satisfy. Most community foundations include a variance power that lets their board modify a fund’s purpose when literal compliance becomes impractical or impossible, redirecting the money to the closest available purpose. Without that kind of clause, correcting a mismatch between your criteria and reality can require court proceedings.

Name the Fund Carefully

The fund’s name will appear on award letters, application materials, and the administering organization’s directory. Pick a title that says what it is: “The John Doe Memorial Scholarship for Engineering Students” tells applicants and donors exactly what they’re looking at. Decide whether to include “Memorial” for a posthumous honor or something like “Excellence Award” for a living honoree.

The name itself can create legal complications. Under Title IX guidance, a title containing a traditionally male or female first name won’t limit eligibility as long as no gender restriction is applied. But if the title or description could reasonably be read as restricting eligibility by sex, the administering institution may need to add a disclaimer or change the name. “The Jane Smith Scholarship” is fine. “The Jane Smith Scholarship for Women in Science” will require the institution to confirm it fits within a Title IX exception.

Handle the Tax Side

Contributions to a scholarship fund held at a 501(c)(3) organization are deductible if you itemize. Cash gifts are capped at 60% of AGI. Donated appreciated property held longer than a year is capped at 30% of AGI. Anything above the cap carries forward for up to five tax years.1Internal Revenue Service. Publication 526 (2025), Charitable Contributions

Starting in 2026, a new floor applies to charitable deductions: only the portion of your total giving that exceeds 0.5% of your AGI is deductible. For someone earning $200,000, the first $1,000 in charitable contributions generates no deduction. The floor hits modest gifts harder than large ones, but it’s worth factoring into your planning.

For any single gift of $250 or more, you need a written acknowledgment from the receiving organization to claim the deduction. That acknowledgment has to include the organization’s name, the dollar amount (for cash) or a description of the property (for non-cash gifts), and a statement about whether you received anything of value in return.6Internal Revenue Service. Charitable Contributions – Written Acknowledgments Your administrative partner should send a confirmation letter with their tax ID after processing the gift. Keep it with your tax records.

Plan for a 9- to 12-Month Timeline

From your first conversation with an administrative partner to the first scholarship check reaching a student, plan for roughly 9 to 12 months, depending on where you land in the academic calendar. Most institutions run applications on a fixed annual cycle: applications open in late fall or early winter, close in late February, awards are announced in April, and funds disburse shortly before the fall semester in August.

If you sign the agreement and transfer money after the application cycle has already opened, the first award will almost certainly go out in the following year’s cycle. To hit the upcoming fall, aim to have the signed agreement and initial funding in place before the application portal opens, which at many institutions means late summer or early fall of the prior year. Your partner can give you their exact calendar.

For endowed funds, the first-year payout may be smaller than later years because the principal hasn’t had a full investment cycle. Some institutions delay the first endowment award by a year to let the fund generate enough return to support a meaningful check. Ask about this during setup so you can set realistic expectations with the namesake’s family.