The Law of Fundraising, 2024 Cumulative Supplement E-Book

Alicia M. Beck

• Herausgeber: John Wiley & Sons
• Kategorie: Fachliteratur
• Sprache: Englisch

Seitenzahl: 86

Veröffentlichungsjahr: 2024

Beschreibung

Ensure compliance with 2022 updates to state and federal regulations on fundraising In this supplement to the newly revised Sixth Edition of The Law of Fundraising, distinguished lawyers and tax-exempt organization experts cover all changes made in 2022 to laws that apply to fundraising and philanthropy. The authors explore the administrative, tax, and constitutional implications of the latest legislation, regulation, IRS pronouncements, private letter rulings, and technical advice memoranda. A comprehensive and authoritative blueprint of the increasingly complex tangle of federal and state regulations and legislation that govern charitable fundraising in the United States, the text is supported by a companion website containing tables, appendices, IRS examination guidelines for charitable fundraising, and other documents. The book also includes: * Different methods of fundraising and the roles of accountants and lawyers in the fundraising process * Proper delegation of legislative authority and the treatment of fundraising disclosures * Major legislative proposals and new regulatory issues in areas including Internet fundraising With national- and state-level legislative and administrative control over charitable fundraising expanding quickly, this supplement of the Sixth Edition of The Law of Fundraising is an essential reference for law firms, non-profits, and accounting firms seeking to understand and comply with updates to fundraising and philanthropy tax laws throughout calendar year 2022.

Leseprobe

Table of Contents

Cover

Table of Contents

Title pages

Copyright

A Letter to the Reader

Preface

CHAPTER ONE: Government Regulation of Fundraising for Charity

§ 1.2 CHARITABLE FUNDRAISING: A PORTRAIT

§ 1.3 EVOLUTION OF GOVERNMENT REGULATION OF FUNDRAISING

§ 1.4 CONTEMPORARY REGULATORY CLIMATE

Notes

CHAPTER FOUR: State Regulation of Fundraising

§ 4.16 CALIFORNIA LAW REGULATING CHARITABLE FUNDRAISING PLATFORMS

§ 4.17 KANSAS LAW

Notes

CHAPTER SIX: Federal Regulation of Fundraising

§ 6.16 CHARITABLE FUNDRAISING ORGANIZATIONS

Inflation-Adjusted Insubstantiality Threshold— $50 Test

Inflation‐Adjusted Insubstantiality Threshold— $25 Test

Inflation–Adjusted Low–Cost Article Definition

Table of Cases

Table of IRS Pronouncements

Table of Cases Discussed in

Bruce R. Hopkins' Nonprofit Counsel

Table of Private Letter Rulings and Technical Advice Memoranda Discussed in

Bruce R. Hopkins' Nonprofit Counsel

Online Resources

About the Authors

Index

End User License Agreement

Guide

Cover Page

Update Service

Title Page

Copyright Page

A Letter to the Reader

Preface

Table of Contents

Begin Reading

Inflation-Adjusted Insubstantiality Threshold— $50 Test

Inflation‐Adjusted Insubstantiality Threshold— $25 Test

Inflation–Adjusted Low–Cost Article Definition

Table of Cases

Table of IRS Pronouncements

Table of Cases Discussed in Bruce R. Hopkins' Nonprofit Counsel

Table of Private Letter Rulings and Technical Advice Memoranda Discussed in Bruce R. Hopkins' Nonprofit Counsel

Online Resources

About the Authors

Index

WILEY END USER LICENSE AGREEMENT

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+ website

the Law of fundraising

2024 Supplement

Sixth Edition

Alicia M. Beck and Bruce R. Hopkins

Copyright © 2024 by John Wiley & Sons, Inc. All rights reserved.

Published by John Wiley & Sons, Inc., Hoboken, New Jersey.Published simultaneously in Canada.

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Library of Congress Cataloging‐in‐Publication Data:

ISBN 9781119873440 (Main Book)ISBN 9781394244508 (Paperback)ISBN 9781394244539 (ePDF)ISBN 9781394244515 (ePub)

Cover image: © Comstock/Getty Images

Cover design: Wiley

A Letter to the Reader

It is with a heavy heart that we relay the news to you that Bruce Richard Hopkins, J.D., LL.M., S.J.D., passed away on October 31, 2021. Bruce's love for the law and for writing resulted in a wonderful relationship with Wiley that lasted for better than 30 years. Throughout that time, Bruce penned more than 50 books as well as writing “The Bruce R. Hopkins' Nonprofit Counsel” (a newsletter published monthly for 40 years). Bruce's texts are practical guides about nonprofits written for both lawyers AND for laypeople, many of which are considered vital to law libraries across the country. The ideas just kept flowing.

Beloved by many, Bruce was often referred to as the “Dean of Nonprofit Law.” His teaching muscle was built over a period of 19 years when he was Professional Lecturer in Law at George Washington University National Law Center. As Professor from Practice at the University of Kansas, School of Law, Bruce exercised his generative spirit teaching and mentoring younger colleagues. Always the legal scholar, he could brilliantly take complicated concepts and distill them into easily understood principles for beginners, seasoned colleagues, and those unfamiliar with the subject matter. He was a presenter and featured speaker, both nationally and internationally, at numerous conferences throughout his career, among them Representing and Managing Tax‐Exempt Organizations (Georgetown University Law Center, Washington, D.C.) and The Private Foundations Tax Seminar (El Pomar Foundation, Colorado Springs, Colorado). He practiced law in Washington, D.C., and Kansas City, Missouri, for over 50 years, receiving numerous awards and forms of recognition for his efforts

Bruce will be dearly missed, not solely for his contributions to the Wiley catalog, but because Bruce was a wonderful person who was dearly loved and respected both by all of us at Wiley and by all of those whom he encountered.

Preface

This 2024 supplement is the second supplement to accompany the sixth edition of this book. The supplement covers developments in the law of fundraising for charitable purposes as of the close of 2023.

I appreciate the assistance I have received from John Wiley & Sons in the preparation of this supplement. My thanks are extended, in particular, to my development editor, Brian T. Neill, and to Deborah Schindlar, managing editor, for their assistance and support in connection with this supplement.

Alicia M. Beck

March 2024

CHAPTER ONE:Government Regulation of Fundraising for Charity

§

1.2 Charitable Fundraising: A Portrait

(a) Scope of Charitable Giving in General

(b) Online Charitable Fundraising

§

1.3 Evolution of Government Regulation of Fundraising

§

1.4 Contemporary Regulatory Climate

§ 1.2 CHARITABLE FUNDRAISING: A PORTRAIT

pp. 9–11. Replace the text and headings with the following:

(a) Scope of Charitable Giving in General

Charitable giving in the United States in 2022 is estimated to have totaled $ 499.33 billion.25.1 Giving by individuals in 2022 amounted to an estimated $319.04 billion (declining 6.4% in 2022). Grantmaking by private foundations grew 2.5 percent to an estimated $105.21 billion in 2022. Giving by bequest totaled an estimated $45.60 billion in 2022, growing by 2.3 percent over 2021. Giving by corporations is estimated to have increased by 3.4 percent in 2022, totaling $29.48 billion (a decline of 4.2 percent, adjusted for inflation). Corporate giving includes cash and in‐kind contributions made through corporate giving programs as well as grants and gifts made by corporate foundations.

Contributions to religious organizations in 2022 totaled $ 143.57 billion, the largest percentage of giving recipients in that year. Giving to human services reached $71.98 billion in 2022, and declined by 0.6% in current dollars, staying relatively flat with 2021. Giving to education is estimated to have declined ‐3.6 percent between 2021 and 2022 to $70.07 billion. Adjusted for inflation, giving to education organizations declined 10.7 percent. Giving to foundations is estimated to have increased by 10.1 percent in 2022 to $56.84 billion. Giving to health is estimated to have grown by 5.1 percent between 2021 and 2022 (a decline of 2.6 percent, adjusted for inflation) to $51.08 billion. Giving to public‐society benefit organizations decreased an estimated 8.4 percent between 2021 and 2022 to $46.86 billion. Giving to international affairs is estimated to be $33.71 billion in 2022, growing over 2021 with 10.9 percent growth. Giving to arts, culture, and humanities is estimated to have increased 2.9 percent between 2021 and 2022 to $24.67 billion. Giving to environmental and animal organizations is estimated to have decreased 1.6 percent between 2021 and 2022 to $16.10 billion.

(b) Online Charitable Fundraising

Not that many years ago, use of the Internet for charitable fundraising was only nascent. One analysis of online fundraising, in its beginnings, did not have statistics on this approach to gift solicitation.25.1 But it was clearly coming, and was expected to someday be a major force in charitable fundraising. Now that “someday” has arrived.

In mid‐2014, The Chronicle of Philanthropy gave a special report on online fundraising with the theme being “Digital Giving Goes Mainstream.”25.2 Among the findings in this report was that Internet gifts had climbed 13 percent in 2013 in relation to 2012, although online fundraising “still accounts for a very small portion of the money charities rely on.”25.3