Category Archives: Charity Registration

Published In Paper: Charity Registration Compliance

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.

My Advice: Register for NextGen:Charity 2011

The gents who co-founded the inaugural NextGen:Charity conference this year are offering a deep, deep discount on registration for next year’s NextGen.

Jonah Halper and Ari Teman priced early registration at $150 for the 2-day conference.  Standard registration is $650.

You save $500, or 77%.  No brainer.

Early registration has been available for about a month and it ends on December 25th.  Next year’s dates are November 17-18 in New York City.  Register at the NextGen website.

The conference mission is “to help you run your organization more effectively and efficiently, and connect with donors and your community more powerfully.”  You can see the marquee name presenters they had this year.  If you scroll down from that august array–you’ll see me.

Aside from delivering a workshop on day two, on the first day I interviewed 10 of the superstars for my radio show. You sit with these people face-to-face for 15 or 20 minutes and you have to walk away impressed.  I’m certain next year’s lineup will be equally inspiring and influential.  Jonah and Ari know they have to deliver.

Whatever your faith or nationality, buy yourself a valuable and right-priced Christmas gift–before Boxing Day.

Get Promotion Value From Your Charity Registrations

Girl Dropping Coin into Piggy Bank

Your nonprofit has to register in each state where it solicits. That’s the law in every state and D.C. Why not get extra mileage out of the work you put into your compliance?

Standard mileage

  • keeps your officers and board from paying fines
  • gets your IRS Form 990 filled out accurately (it’s signed by an officer under penalty of perjury)
  • protects your organization’s reputation
  • avoids civil or criminal penalties
  • minimizes the likelihood of a gift challenge
  • puts you on the right side of the law

These are important reasons for following state laws, but they’re in the background–which is where you want them. If one of those is all of a sudden front-and-center and capturing your attention, you’ve got a crisis.

To gain extra mileage from your registration work, put it out front on a “We’re Compliant!” web page. List all the states you’re registered in so you get some promotion value out of being on the right side of the laws, operating legally and ethically. Compliance shows you’re protecting your donors from fraud and insuring charitable donations go to charitable purposes. Those are the stated rationales for the web of regulations. So boast about it.

You can’t claim endorsement by states or their officials, that’s crossing the line. But you can certainly brag about your compliance, especially when so few charities are on the right side of the registration laws. You can use the page your organization creates (or one linked to it) to make the mandatory disclosures required by some states.

So shake your tail feathers, flap your wings and crow: “We’re Compliant!”

News From Your Internal Revenue Service

The United States Internal Revenue Service (IRS) Building is seen in Washington on September 20, 2010. UPI/Kevin Dietsch Photo via Newscom

The IRS hosts free one-day seminars throughout the country for small and mid-size nonprofits to learn how to “keep their tax-exempt status and comply with tax obligations.”

The next one is in Phoenix on December 7 and 8, and it’s designed for “administrators or volunteers who are responsible for an organization’s tax compliance, as well as those interested in careers in the nonprofit sector.”

If you go, treat yourself to an overnight, a meal, or at least a drink, at the Arizona Biltmore. That’s my own endorsement. It’s not part of the IRS announcement. Wouldn’t it be a deductible business expense?

Would you like to see a draft of the 2010 Form 990? Here’s a copy from IRS. Spoiler alert >>>>>>>> Part VI, question 17, is still a Charity Registration disclosure.

I get this info from the Service’s Exempt Organization Update. You can get these emailed to you by subscribing.

Cracking the Books on Failure & Shortcomings

Businessman with face pressed against wall, profile, close-up

I recently have seen charities willing to disclose outcomes that are less than flattering, and I applaud them. I hope it’s the beginning of a trend. I wonder if it grows out of the pressure from regulators for mandatory transparency and increased accountability from the sector.

My awareness was first raised by Stephanie Strom’s coverage of FailureFaire, sponsored by The World Bank. Charity:water’s video “Live Drill: It Doesn’t Always Work,” about a failed project in Central African Republic came to me shortly after, as did the Case Foundation blog post “The Painful Acknowledgement of Coming Up Short.”

Ms. Strom and I discussed openness about failure on the August 27th broadcast of Tony Martignetti Nonprofit Radio. As she explained, it’s been almost unheard of among nonprofits, probably because they fear a donor backlash. Presumably, the conventional wisdom goes, no donor (or donor nation) wants their name and money associated with an unsuccessful outcome. But no less than The World Bank and Case have gone very public. The charity:water video was a celebration of its fourth anniversary.

Not all disclosures are willing and voluntary. The Seattle Foundation website now discloses its data and research on almost 700 local charities, in a user-friendly format. It’s open to any visitor to their Giving Center without registration.

I see simple honesty and I admire it. I hope we see more of it. I have faith in donors and I believe the vast majority will accept a straightforward outcomes assessment that is accompanied by a sensible plan for what to do next.

Broken Link in Chain

Charity:water has long been recognized for its culture of accountability, but its video nearly boasts about the trying failure–as CEO Harrison assures donors the quest for clean water in that village will continue. As the title hints, Jean Case’s post is a refreshingly heartfelt account of how, “Reality doesn’t always play out like the business plan calls for.”

I think a lot about regulatory oversight and there’s no question charities face a considerable amount brought on by federal and state authorities. We have the intense IRS Form 990; the Red Flags Rule from the Federal Trade Commission; state privacy protection laws; state charitable gift annuity regulations; and state Charity Registration requirements for solicitations, to name but a few.

Meanwhile, watchdog groups like Charity Navigator and Better Business Bureau Wise Giving Alliance are revamping their analyses and a few, including GuideStar, may standardize their reporting format, as reported by The Chronicle of Philanthropy. Many nonprofits adjust practices to achieve high ratings or “approved” status.

Might our culture of involuntary disclosure and forced accountability be stimulating charities to voluntarily trumpet shortcomings?