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Fundraising Law Made Easy

  • ID: 2326044
  • Book
  • October 2009
  • 384 Pages
  • John Wiley and Sons Ltd
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Praise for Fundraising Law Made Easy

"As fundraisers, we focus on cultivating relationships with donors and inspiring them about the impact their gifts can make. But the reality is, federal and state laws play a very important role in all aspects of philanthropy, and fundraisers need to understand the legal issues that affect their work. There′s no better authority than Bruce Hopkins, and Bruce′s latest book covers all of the legal aspects of fundraising that beginning and experienced practitioners need to know. It is easy to read, and together with Bruce′s other companion books, they all are ′must–haves′ for every nonprofit organization." Paulette V. Maehara, CFRE, CAE, President and CEO, Association of Fundraising Professionals

"With accountability for nonprofits at an all–time high, and¿the governance rules changing monthly,¿everyone in this field needs to know the basic legal rules applicable to philanthropy. As an attorney, I know how essential and powerful this information can be, especially with closing large gifts." Laura Fredricks, JD, LLC, author of The Ask: How to Ask Anyone for Any Amount for Any Purpose

"Through five editions, I have recommended Bruce′s book Starting and Managing a Nonprofit Organization to clients and students, but have wanted a book more directed to the work of the development professional. Bruce has filled this void by providing legal answers to key questions in an understandable style. Fundraising Law Made Easy has provided us with a long–needed resource for the fundraising community. A most welcome book with the growing emphasis on accountability and transparency in the nonprofit community." Robert W. Buchanan, PhD, Senior Fellow Midwest Center for Nonprofit Leadership, University of Missouri Kansas City

The ins and outs of fundraising law made easy!

Written by renowned author Bruce R. Hopkins, Fundraising Law Made Easy is a must–read guide for accountants, consultants, and charity managers anyone needing to know the essentials of the laws involving charitable fundraising. It′s all here made easy!

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About the Author.

Chapter 1 Introduction to the Law of Fundraising for Charity.

Definition Of Charitable Fundraising.

Concept Of Charitable Sales.

Definition Of Charitable Contribution.

Methods Of Fundraising.

Fundraising Expenses.

Commensurate Test.

Fundraising Compensation Issues.

Step Transaction Doctrine.

Charitable Pledges.

Public Policy Considerations.

Chapter 2 Fundraisers′ Law Primer.

Form Of Organization.

Organizational Tests.

Operational Test.

Primary Purpose Rule.

Principles Of Fiduciary Responsibility.

Charitable Purposes And Activities.

Recognition Of Tax Exemption.

Private Inurement Doctrine.

Private Benefit Doctrine.

Intermediate Sanctions.

Legislative Activities.

Political Campaign Activities.

Prohibited Tax Shelter Transactions.

Personal Benefit Contracts.

Governance Policies.


Chapter 3 State Regulation of Charitable Fundraising.

Fundraising Regulation At State Level.

Charitable Solicitation Acts.

Exemptions From Solicitation Acts.

Powers Of Attorneys General.


Unified Registration.

Fundraising By Means Of Internet.


Chapter 4 Public Charities and Private Foundations.

Private Foundation Defined.

Private Operating Foundations.

Exempt Operating Foundations.

Conduit Foundations.

Nonexempt Charitable Trusts.

Private Foundation Rules.

Concept Of Public Charity.


Donative Publicly Supported Organizations.

Service Provider Publicly Supported Organizations.

Comparative Analysis Of Publicly Supported Charities.

Supporting Organizations.

Public Safety Testing Organizations.

Import Of Public–Private Dichotomy.

Some Statistics.


Chapter 5 Federal Annual Reporting Requirements.

Federal Tax Law Reporting Basics.

Import Of Redesigned Form 990.

Summary Of Parts Of Redesigned Form 990.

Annual Return Schedules.

Federal And State Regulation Of Gaming.

Preparation Of Form 990 Schedule M.

Preparation Of Schedule B.

Preparation Of Other Parts Of Form 990.


Chapter 6 Charitable Giving Rules.

Basic Concepts.

Defining Charitable Gift.

Qualified Donees.

Gifts For The Use Of Charity.

Conditional Gifts.

Gifts Of Property In General.

Valuation Of Property.

Limitations On Deductibility.

Deduction Reduction Rules.

Qualified Appreciated Stock.

Twice Basis Deductions.

Gifts Of Vehicles.

Gifts Of Intellectual Property.

Gifts Of Clothing And Household Items.

Gifts Of Taxidermy.

Partial Interest Gifts.

Gifts Of Or Using Insurance.

Planned Giving.

Administrative Matters.


Chapter 7 Unrelated Business Rules.

Unrelated Business Law Statutory Framework.

Affected Tax–Exempt Organizations.

Conduct Of Business.

Regularly Carried On Businesses.

Related Or Unrelated?

Unrelated Business Taxable Income.

Excepted Activities.

Excepted Income.

Exceptions To Exceptions.

Exceptions To Exceptions To Exceptions.

Fundraising And Unrelated Business Rules.

Donor Recognition Programs.

Commerciality Doctrine.

Provision Of Services.


Chapter 8 Other Federal Tax Law Regulation of Fundraising.

Gift Substantiation Requirements.

Quid Pro Quo Contributions Rules.

Disclosure Requirements.

Application For Recognition Of Exemption.

Public Charity Classifications.

Appraisal Rules.

Recordkeeping Rules.

Form 8283.

Unique Reporting Rules.

Noncharitable Fundraising Rules.


Chapter 9 Fundraising and Constitutional Law.

Free Speech Basics.

Types Of Speech.

Police Power.

Fundraising Free Speech Principles.

Supreme Court Opinions.

Subsequent Court Opinions.

Airport Terminal Solicitations.

Door–To–Door Advocacy.

Registration Fees.

Outer Boundaries Of Speech Rights.

Fundraising And Fraud.

Due Process Rights.

Equal Protection Rights.

Delegation Of Legislative Authority.

Treatment Of Religious Organizations.

Other Constituional Law Issues.


Chapter 10 Fundraising and Governance.

Governance Philosophy In General.

Board Fundraising Responsibilities.

Watchdog Agencies And Fundraising.

Organization Effectiveness.

Board Effectiveness.

Law Compliance.

Categories Of Expenditures.

Disclosures To Public.

Mission Statements.

Fundraising Practices.

Irs And Governance.

Perspectives On Nonprofit Governance.


Chapter 11 Fundraising and IRS Audits.

Organization Of Irs.

Reasons For Irs Audits.

Irs Audit Issues.

Types Of Irs Audits.

Compliance Checks.

College And University Compliance Check Project.

Hardening The Target.

Winning Audit Lottery.

Coping With Examiners.


Irs Audit Process.

Closing Agreements.

Appeals Process.

Fast–Track Settlement Program.

Retroactive Revocations.

Church Audit Rules.



Chapter 12 Perspectives and Commentaries.

Charitable Fundraising And The Law.

Fundraisers And Solicitors: The Differences.

Scope Of State Law.

The Fundraiser′s Contract.

Charity Auctions And Fundraising Law.

Fundraising Regulation Benefits.

Fundraising And Private Inurement.

Fundraising And Fraud.

Fundraising And Substantiation Rules.

Some Proposals For Relief.



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Bruce R. Hopkins
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