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Over the last decade, Congress has instituted several measures designed to curb taxpayer abuse when it comes to quid pro quo arrangements between taxpayers and charities. In the absence of these measures, Congress feared that taxpayers would aggressively take charitable deductions when the true benefit that inured to charity was far less than that reflected by taxpayers on their tax returns. Thus, among other prophylactic measures it has instituted in the charitable area, Congress implemented the following two safeguards. First, taxpayers are not allowed to deduct charitable contributions of $250 or more unless they can substantiate the contribution by receipt of a contemporaneous written acknowledgement from the donee organization. Second, a charitable organization that receives a payment in excess of $75 must provide a written statement to the donor in connection with the solicitation or receipt of the contribution informing the donor that the deduction is limited to the difference between (i) the money and the value of other property contributed and (ii) the value of the goods or services provided. The charity must also supply the donor with a good faith estimate of the value of goods or services furnished by the organization. Notwithstanding the institution of these safeguards, the IRS has not prevented taxpayers from wrongfully continuing to take deductions. Sometimes taxpayers take charitable deductions relating to quid pro quo arrangements unwittingly, sometimes not. This paper explores the implications to taxpayers, tax professionals, and charitable organizations when such deductions are mistakenly or intentionally taken; and it proposes another measure to prevent such deductions.
Charitable giving involves a complex set of rules and regulations, and the monetary stakes are high. Starting with an introductory overview, this book provides comprehensive information on the laws, definitions, and forms of various charitable gifts, which range from art to real estate and beyond. This, the third volume of the Hopkins trilogy, The Tax Law of Charitable Giving, includes information on the most current tax laws and explains the fundamentals of establishing and maintaining a giving program.
Closely Held Businesses in Estate Planning provides exhaustive coverage of the gratuitous transfer tax system, inter vivos gifting strategies, valuations freezes, intra-family sales, buy-sell agreements, the marital deduction, planning strategies for retirement income distributions, and valuation of closely held business interests. This easy-to-use reference provides complete and comprehensive coverage of the strategies and practices for protecting a closely held business while limiting the tax burden on the estate's owner.
In some instances when the taxpayer makes a charitable donation, the loss of revenue to the government, and the corresponding gain to the taxpayer, far exceeds the benefit to the charity. Some of these losses may be generated by government sanctioned complex transactions and even government created devices. This article proposes a new way to examine "quid pro quo" charitable gifts that reflects the rationale for the charitable deduction.The article analyzes various charitable donations in terms of the dollars gained by the taxpayer, the dollars lost by the government, and the dollars received by the charity. After considering a sliding scale of benefits to the charities in light of the revenue losses to the government and taxpayer gains, the article makes some normative conclusions about whether the good a donor does justifies his currently available tax benefits and then proposes some solutions.
Why does it cost nonprofits on average $20 to raise $100, while it costs companies only $4? Simply put: Nonprofits have no leverage. No one has to make a donation. And since most donors have no direct stake in the organizations they support, they make donations out of the goodness of their hearts. If donors feel like writing a check, they will. If they don't, they won't. The End of Fundraising turns fundraising on its head, teaching nonprofits how to stop begging for charity and start selling impact. For the first time, nonprofits have economic power. We live in a new era where consumers, businesses, investors, employees, and service providers attach real economic value to social outcomes. An era where yesterday's "feel good" issues—education, the environment, health care, the arts, and animal rights—now have direct economic consequences and opportunities. Nonprofits now have leverage. To use this leverage, nonprofits must learn how to "sell" their impact to a new set of stakeholders. Using his fifteen years of experience advising the world's leading nonprofits, foundations, and corporations, Jason Saul reveals the formula for how nonprofits transcend the paradigm of charitable fundraising and reach true financial sustainability. Specifically, this groundbreaking book offers nonprofit professionals a guide to Understand the role of social change in our economy Capture and communicate impact in simple, compelling terms Identify the new market stakeholders that value nonprofit outcomes Create powerful value propositions to increase leverage Improve the success of a nonprofit's pitches to funders The End of Fundraising includes the tools needed to effectively frame, market, and sell a nonprofit organization's impact, and contains step-by-step guidance for creating dynamic new opportunities with a variety of funders.
The Tax Law of Charitable Giving, Third Edition is completely revised, revamped, and updated. Written in plain English, it can help lawyers, managers, and development directors in tax-exempt organizations make sure they are up to date on all current regulations pertaining to charitable gifts, and that they are well prepared to make decisions about their organization’s fund-development program. Written by the country’s leading legal authority on tax-exempt organizations and charitable giving, this Third Edition features coverage of: New rules concerning charitable contributions of used vehicles and intellectual property New rules addressing the concepts of income and principal New characterization and ordering rules applicable to charitable remainder trusts Applying the public policy doctrine to the availability of the charitable deduction The impact of the tax cut legislation on the charitable giving rules The Tax Law of Charitable Giving, Third Edition is a go-to resource for nonprofit lawyers, nonprofit accountants, fundraising professionals, nonprofit executives, directors and managers, nonprofit consultants, financial planners, insurance companies, and corporate and (big) individual donors.