The Law of Fundraising: 2019 Cumulative Supplement / Edition 5

by Bruce R. Hopkins, Alicia M. Beck

Overview

Untangle the web of fundraising regulations, with the latest updates for 2019

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.

Product Details

ISBN-13:	9781119539575
Publisher:	Wiley
Publication date:	04/16/2019
Series:	Wiley Nonprofit Authority
Edition description:	5th ed.
Pages:	128
Product dimensions:	6.80(w) x 9.80(h) x 0.50(d)

About the Author

Bruce R. Hopkins practices law with the Bruce R. Hopkins Law Firm, LLC, in Kansas City, Missouri. His practice concentrates on the representation of charitable and other tax-exempt organizations, ranging over the entirety of law matters involving exempt organizations, with emphasis on fundraising law issues, charitable giving (including planned giving), the formation of nonprofit organizations, acquisition of recognition of tax-exempt status for them, governance and the law, the private inurement and private benefit doctrines, the intermediate sanctions rules, legislative and political campaign activities issues, public charity and private foundation rules, unrelated business planning, use of exempt and for-profit subsidiaries, joint-venture planning, tax shelter involvement, review of annual information returns, and Internet communications developments.

Alicia M. Beck is an associate in the law firm of Polsinelli PC, practicing in the firm’s Kansas City, Missouri, office. She specializes in advising nonprofit entities. Her clients include national hospital systems, research organizations, private foundations, colleges, universities, associations, social welfare organizations, and governmental entities. Ms. Beck assists these clients with formation, structure, and operational issues, including fundraising regulation. She also has experience with various tax restructuring issues relating to international entities.
Ms. Beck received her JD degree from the University of Kansas School of Law. Ms. Beck received an LLM in taxation from Northwestern University. She received a BA in Supply and Value Chain Management from Texas Christian University. She is a member of the bars of the states of Illinois, Kansas, and Missouri. She was also selected a 2015 Kansas and Missouri Rising Star for Tax Law.

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