I hope my college and law school professors are paying attention.
My article “State Charity Registration Law Compliance” is published in the journal Taxation of Exempts, January/February 2011 issue. The link is to a scanned pdf because the online version is behind a membership site. Readers of my blog enjoy a complimentary copy.
I caution, it’s not my writing style; I had to adhere to the journal’s. That meant writing phrases like, “It is to be remembered that” and “One may conjecture that.” Your blogger is not accustomed to the passivity and third-personality of a professional journal.
Considerable thanks to my editor, the managing editor of Taxation of Exempts, Bob Murdich. It was touch-and-go in the middle stages, but Bob kept working with me. It must not have been too tortuous, I’m doing another for him on gifts of life insurance.
The reader may pitch the journal with his or her own idea for an article. Information is to be found in the purple box on page 5 of your blogger’s article or here.
I am not approving your follow-up comment. It makes plain that you’re using my blog to advertise your product. You first asked a question of readers, “Does anyone know of a product that does xyz?” In your proposed follow-up, you offer your product as the one. Further, you use scare tactics to promote your product. That turns me off enormously, because I tread so carefully in my writing and speaking to not scare nonprofits. You insist my advice is incorrect because doing so furthers the promotion of your product. The information you wish to post, which I will not approve, is wrong. Not merely misleading. Promote your product honestly and do it elsewhere.
The disclaimer and limited state pull down menu are a sufficient combination. I don’t believe competitors are out to get you. Even if they were, the combination explicitly tells people you are not soliciting in states where you’re not registered. It is the act of solicitation that triggers registration laws, not receipt of gifts, unless there are many gifts or a large dollar amount. The nefarious actors would need co-conspirators or they’d have to spend a lot of money. Both of which are quite unlikely.
Does anyone know of a product that will Allow only a specific number of states to access my website, and block out other states residents?
With an online fundraising auction or raffle, or for that matter a simply donate now button; According to the 990 IRS form and regulations regarding solicitation of funds; If my organization allows residents from a state in which I do not have a solicitation of funds permit to buy a raffle ticket or bid on an auction item, even just my donate now button donation; regulations clearly state my organization will receive significant fines and it is considered a felony in some states. We only want to Allow people from 15 states and block the rest out. Does anyone know of a program or a software product that is capable of performing accepting specified states and blocking specified states? I do know there is a product out there that does this! Need help…
Legally a disclaimer is a slippery slope; these fines are significant dollar amounts let alone in some states it could constitute a felony. A drop-down menu of states is a extremely weak system and is easily outmaneuvered if a nefarious individual is bent on causing your organization hardship, consider what a competitor might do with having donations made to your organization from states where you do not have permits and then reporting those violations. Drop-down boxes, limited text fields, all those maybe, a big maybe, okay for most honest donors. But even then what about fundraisers such as auctions or Raffles. I know there is a product out there that will allow specified states where you have permits and block out states where you do not have permits… ANYBODY know the name of it???