The Law of Fundraising is the definitive reference by the field's most respected authority, and the only book to tackle the increasingly complex maze of federal and state fundraising regulations. Updated to cover the latest changes to fundraising law for 2019, this book includes new coverage of donor-advised funds, international fundraising, and the IRS's charitable spending initiative alongside updates on Form 990, political fundraising, and more. Both state and federal regulations are covered with an emphasis on administrative, tax, and constitutional law, alongside expert discussion on compliance issues, trends, and upcoming legislation. Accessible language aids in conceptual understanding, while extensive tables of cases, IRS rulings and pronouncements, checklists, and sample forms facilitate correct application. The companion website features additional tables, appendices, IRS guidelines, and other useful documents, providing attorneys, accountants, and nonprofit professionals with a rich toolkit for ensuring compliance.
With all topics pertaining to finance under increasing federal scrutiny, laws surrounding fundraising are becoming increasingly difficult to parse. Mistakes can impact the nonprofit's bottom line, so keeping up-to-date is crucial; this book provides a comprehensive reference to the latest developments, along with expert forecasting of what is to come.
- Understand the latest state and federal laws surrounding fundraising activities
- Learn how the law governs Internet fundraising and other emerging issues
- Get up to date on the new rules surrounding donor-advised funds and international fundraising
- Examine prospective laws, regulatory trends, and how new rules impact fundraising professionals
Fundraising is critical to the nonprofit's ability to carry out their mission, yet the regulatory tangle at both the state and federal level can be a nightmare to navigate. The Law of Fundraising streamlines compliance with the latest legal developments and invaluable tools for application.
Table of Contents
Preface vii
About the Authors ix
Chapter One Government Regulation of Fundraising for Charity 1
1.2 Charitable Fundraising: A Portrait 1
1.3 Evolution of Government Regulation of Fundraising 3
1.4 Contemporary Regulatory Climate 7
Chapter Two Anatomy of Charitable Fundraising 9
Chapter Three States’ Charitable Solicitation Acts 11
3.2 Definitions 11
3.4 Annual Reporting 11
3.20 Miscellaneous Provisions 12
3.22 Unified Registration 12
Chapter Four State Regulation of Fundraising 15
4.2 Police Power 15
4.2A Registration and Licensing Requirements (New) 15
4.2B Charitable Purposes Revisited (New) 17
4.3 Fundraising as Free Speech 18
4.8 Other Constitutional Law Issues 20
Chapter Five Federal Regulation of Fundraising 23
5.2A Private Benefit Doctrine 23
5.3 Charitable Gift Substantiation Requirements 25
5.6 Intermediate Sanctions 34
5.7 Unrelated Business Rules 35
5.8 Exemption Application Process 40
5.11 Public Charity Classification 41
5.13 Fundraising Compensation Arrangements 42
5.14 Charitable Deduction Rules 43
5.15 Commensurate Test 45
5.18 Postal Laws 46
5.21 FTC Telemarketing Rules 46
5.22 Internet Communications 47
5.25 Political Campaign Financing 47
5.26 Fundraising Organizations 47
Chapter Six Import of Form 990 59
6.11 Schedule B 59
Chapter Eight Overviews, Perspectives, and Commentaries 63
8.1 Charitable Fundraising and the Law 63
8.8 Charity Auctions 63
8.12 Charitable Solicitations and Substantiation 64
8.12A Charitable Fundraising and Disclosure 65
8.13 Some Proposals for Relief 67
Chapter Nine Standards Enforcement by Watchdog Agencies 69
9.15 Rating the Raters 69
Appendices
Appendix D Inflation-Adjusted Insubstantiality Threshold - $50 Test 71
Appendix E Inflation-Adjusted Insubstantiality Threshold - $25 Test 73
Appendix F Inflation-Adjusted Low-Cost Article Definition 75
Tables
Cumulative Table of Cases 77
Cumulative Table of IRS Pronouncements 89
Cumulative Table of Private Letter Rulings and Technical Advice Memoranda Discussed in Bruce R. Hopkins’ Nonprofit Counsel 91
Cumulative Table of Cases Discussed in Bruce R. Hopkins’ Nonprofit Counsel 93
Table of Tax Reform Legislation 97
Cumulative Index 103
