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.”)
Comments from our Readers
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.
State Charitable Solicitation Statutes: Everything You Wanted to Know But Were Afraid to Ask
Charities that seek contributions nationally must typically register in 39 states and the District of Columbia before starting to solicit. Furthermore, for-profit fundraisers are also required to register and file their contracts and other documentation with many states. Since many states are increasing their enforcement efforts to ensure that charities and fundraisers are complying with initial and annual registration requirements, it's important that charities and fundraisers abide by these statutes.
Program materials include an extensive review of the statutes and their provisions, plus a copy of the Uniform Registration Statement for multi-state filings. Purchasers will receive an e-mail receipt that includes a link that will take them to the product download. The download is a pdf file. Learn More
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