Is there anything illegal about our 501(c)(3) organization giving a Christmas bonus, or an incentive for a fundraiser that she initiated, to the Executive Director if she is already receiving a salary?
There is nothing illegal about giving bonuses to the staff of charitable organizations so long as they are not based on the “profit” or surplus of the organization. The IRS takes the position that if incentives are based on profits, there is an incentive to cut services, which it does not consider charitable. If you give an incentive for a fundraiser, you probably don’t want it to be commission-based because the professional fundraising community thinks that is unethical.
In either case, you should be sure that the total compensation is not unreasonable so that there is no “excess benefit” for the E.D. You want to be sure to follow the safe harbor rules to assure that you have a rebuttable presumption that the total compensation is reasonable. (See Ready Reference Page: “Charities Must Avoid Excess Benefit Transactions.”)
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Here’s a question for one of your issues: why the heck does the professional fundraising community think paying fundraisers on the basis of the amount raised is unethical? This has never made ANY sense to me. --M.S. via e-mail.
Planned giving sounds complicated, with its CRUTs and CRATs, CLUTs and CLATS, and CGAs. It can be incredibly complicated, but it needn’t be. Keeping it simple may be the best way to start a planned giving program for a charity that hasn’t already put one in place.
This webinar offered a review of major planned giving instruments and a discussion of ones that make the most sense to emphasize in starting a planned giving program. It discussed the advantages of integrating planned giving into an existing development program, targeting the best prospects, getting buy-in from the board that is likely to generate results, and setting a structure to make it all happen.
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