Major gift opportunities, while less frequent, are usually centered in capital campaigns and represent a continuing investment in response to a rising commitment and enthusiasm for the programs and services of the organization. His practice ranges over the entirety of legal matters involving nonprofit organizations, with emphasis on fundraising law issues, charitable giving including planned giving , the formation of nonprofit organizations, acquisition of recognition of tax-exempt and public charity status, unrelated business planning, application of intermediate sanctions, use of nonprofit and for-profit subsidiaries, and review of annual information returns. To a state regulator who may challenge this conduct, the organization points to the Supreme Court decisions to excuse its payment of virtually all of the contributions to the fundraiser. Some programs require only a staff professional to manage, but most require both staff and a volume of volunteer leaders and workers. For example, even the most vehement opponents of general point-of-solicitation disclosure do not object to a requirement that the solicitation literature include a statement about the purpose of the soliciting charitable organization and the intended use of the contributions solicited. These requirements are discussed in § 7.
This new edition includes the most up-to-datecoverage of subjects such as: nonprofit governance, and new rulesfor donor advised funds and supporting organizations, updates onunrelated business activities. A fund development officer is a full-time salaried employee of the organization and receives the same standard employment benefits of all other employees. See Law of Tax-Exempt Organizations, § 6. His contribution is gratefully acknowledged by the author. The last decade alone bears witness to an immense and unprecedented augmentation of the federal tax and other law of tax-exempt organizations.
It is exceptionally clear, well organized, and well written. This description also includes the majority of fundraisers, particularly those whose careers are encompassed by employment solely as staff of nonprofit organizations. New problems with financial reporting, however, have been identified. The first of the U. The fundraiser planned and did not solicit.
Neuharth, formerly the chief executive of the Gannett Co. Requests for contributions are conducted by one or more fundraising methods. These gifts may be outright transfers from the estate or may involve funding by means of a charitable trust created by a will. Thus, a statute may include within its purview solicitations for police, law enforcement, legal defense, or labor purposes. Schenkelberg From acquiring and maintaining tax-exempt status to fundraisingregulation, The Bruce R. Some content that appears in the printed version may not be available in this electronic edition. Some clues may be found in the definition of charitable activities in the income tax regulations,5 which include purposes such as relief of the poor, advancement of education or science, erection or maintenance of public buildings, and lessening of the burdens of government.
See Law of Tax-Exempt Organizations, Chapter 8. Moreover, this use of a percentage readily lends itself to the disclosure-at-point-of-solicitation approach, since a simple percentage can be easily displayed on the solicitation literature and, as noted, used by potential donors to evaluate and compare the various soliciting groups. Multiple-gift requests to present donors will increase net revenues faster than efforts to acquire new donors, because present donors are the best prospects for added gifts. These statutory exemptions may be available for an organization because of the nature of the entity or for an organization to the extent it engages in a particular type of solicitation. Thereafter, attention is focused on securing annual operating revenues to stay in business, which requires constant attention to the annual giving solicitation methods. By contrast, several types of organizations have the ability to engage in multiple fundraising methods simultaneously and with high profitability. Thus, many states require annual or sometimes other reports from professional solicitors; the more common practice is annual registration.
McLaughlin A Streetsmart Guide to Nonprofit Mergers and Networks by Thomas A. Statutes requiring the disclosure of specific financial information by charities and professional fundraisers at the point of solicitation are highly suspect after the 1988 Supreme Court opinion. These definitions, or versions closely akin to them, are used in about a dozen states. Usually, this exemption applies only where the institution is accredited. About the Author Bruce R. The rules encompass fundraising through capital campaigns, planned giving programs, special events, annual fund drives, corporate giving efforts, bequest programs, and in some instances grant-seeking.
If the purpose is local, concentration can expand audience selection to everyone in the area—again, expensive. Organizing institutions and agencies to perform fundraising is much more complex and requires the careful, and sometimes simultaneous, application of many individual methods of solicitation by volunteers and employees working together. Seizing on this, legislation has been proposed in some states to require a charity to disclose in its solicitations if the primary purpose of the solicitation or the primary program of the charity is to conduct public education. Lucy Webb Hayes National Training School for Deaconesses and Missionaries, 381 F. Identification of prospects from those publics available to each charity is accomplished through the several annual giving methods.
Other federal agencies are creeping into the realm of fundraising regulation. Using a somewhat similar approach, a few states require a professional solicitor to provide the charitable organization involved with an accounting after the conclusion of a solicitation. A court has, however, rejected the argument that the costs of compliance with these ordinances is an unconstitutional form of direct or indirect regulation of interstate commerce; it also held that the substantial benefit to the county involved outweighs any compliance difficulties. In this period of regulatory transition, the opportunity exists for the independent sector to recognize the legitimate concerns of the states and to take steps to meet them. Thereafter, there came into being provisions seeking to prevent fraud in charitable solicitations or to promote disclosure of information about these solicitations, or both. The term charitable organization as used in the state charitable solicitation acts has a meaning considerably broader than that traditionally employed under state law and under the federal tax law. Grants are institutional decisions to provide support based on published policy and guidelines that demand careful observance of application procedures and deadlines.
Commemorative gifts can also be given to mark a birthday, anniversary, promotion, graduation, or other important occasion, or to honor a friend, physician, or teacher. Tackling complex legal issues with plain-English explanations and the appropriate citations, this guide is a must-have resource for organizations and their advisors. The general rule is that merely mailing charitable solicitation material into a state is not doing business in that state, although a contrary approach can be established by statute or regulation. Analysis and commentary I have unburdened myself of in the book should not necessarily be attributed to them. Capital campaign costs should not exceed 5 to 10 cents per dollar raised. Fifteen methods of fundraising are encompassed within the three program areas.