Special Report: Charitable Giving Deduction in the Crosshairs, Again

The US Senate Budget Committee has just released its FY 2014 Budget Resolution. On pages 65 and 66, the Democratic-controlled Committee asserts that the wealthy are unfairly benefiting from “tax expenditures.”

The Budget Committee calls on the Senate Finance Committee to reduce the deficit by limiting or reforming “unfair” tax breaks for the wealthy. The Committee specifically mentions itemized deductions with various options listed for limiting them (i.e.: a percentage cap, hard dollar cap, etc.). The charitable deduction is not exempted from these various proposals.

The Obama Administration has previously floated a similar proposal. You can read my analysis of that in my post: “Obama Plan Could Cost Nonprofit Sector $5.6 Billion a Year.” In short, limiting or eliminating the tax deduction for charitable giving is expected to have a significant, negative impact on giving.

Special Report: Are You Ready for 2013? These FREE Resources Will Help

When Congress recently adopted the American Taxpayer Relief Act of 2012, it had an immediate impact on the nonprofit sector. The new law provides some opportunities and challenges. Are you ready for both in 2013?

I’ve already written two posts to provide some useful insights:

• “Special Report: Everything Each NPO Must Know about Fiscal Cliff Legislation”
• “Fiscal Cliff Disaster Averted, but Trouble Looms”

Now, Viken Mikaelian and Brian Sagrestano, JD, CFRE, of PlannedGiving.Com, are offering a free webinar on Wednesday, January 16, at 2:00 PM (EST). “What to Tell Your Prospects” will explore:

Fiscal Cliff Disaster Averted, but Trouble Looms

We ended 2012 by surviving the so-called Mayan Doomsday. We began 2013 by driving off the so-called Fiscal Cliff before averting possible economic disaster. Congress passed the American Taxpayer Relief Act of 2012 which put the nation back on safe ground, for the moment.

Previously, I looked at the Act and provided information about what key elements mean for the nonprofit sector. Now, let’s look at:

What’s next?

The Charitable Giving Coalition, chaired by the Association of Fundraising Professionals, as well as the AFP Political Action Committee, won a great victory when Congress preserved the charitable giving tax deduction and reinstated the IRA Charitable Rollover for 2012 and 2013. Everyone who was involved in visiting members of Congress, writing them, or calling them to advocate for the nonprofit sector certainly has a right to take pride in what the sector has accomplished.

However, before we get too carried away congratulating ourselves, let’s remember that the nonprofit sector continues to face danger.

The return of Pease Amendment provisions will make charitable giving a bit more expensive for wealthy donors. Higher taxes will also mean that donors will have less money with which to give. As a result, organizations may face some challenges. But, these are challenges that we have faced before. We’ll just have to work a bit more creatively.

Unfortunately, there are other looming dangers.

The Fiscal Cliff legislation, which was originally supposed to decrease the deficit, will actually increase the deficit by $4 trillion over the next decade, according to the nonpartisan Congressional Budget Office. In other words, we’re still headed full-speed ahead to economic collapse which would be a disaster for the nonprofit sector and society in general.

Charitable giving has historically correlated to about two percent of Gross Domestic Product. If GDP growth continues at a slow pace, philanthropy is also likely to grow only modestly. If runaway deficit spending leads to another recession, we can expect a likely decline in overall philanthropy.

All Congress has done is buy a bit of time.

Republicans have signaled that they will address the issue of spending cuts within the next two months. In two months, Congress will have to vote on whether to increase the nation’s debt ceiling. President Obama has already said that any spending cuts will require an increase in tax revenue in order to garner Democrat support.

Having achieved a tax rate increase, The White House now seeks to raise additional revenue in other ways. For example, the Administration may want to apply the top tax rates to those earning less than the current threshold of $400,000 for individuals and $450,000 for married couples. Also, the Administration is likely to seek limitations on deductions, particularly for the “wealthy.” The Administration has previously expressed support for both revenue generating options. Now, it’s likely those proposals will resurface during spending-cut negotiations.

So, while the charitable deduction appears to be safe for the moment, that safety may only last for two months.

Think I’m being alarmist? Let me provide some perspective from the US Debt Clock:

In 2000 the deficit was $5.8 trillion, which was $56,150 per taxpayer.

In 2008 the deficit was $9.2 trillion, which was $85,893 per taxpayer.

In 2012 the deficit was $16.4 trillion, which was $145,620 for every taxpayer.

Now, the Fiscal Cliff deal will add another $4 trillion to the deficit over 10 years!

At some point, the American economy will either collapse, going the way of Greece, or the government will get its act together and control spending. I’ve heard a lot of talk during the debate over the Fiscal Cliff about the need to return to Clinton Era tax rates. Sadly, there was little talk of returning to Clinton Era spending levels, even as a percentage of GDP which would still allow for spending increases.

The situation must be dealt with for the good of the nation. Unfortunately, this may require some pain for the nonprofit sector in the form of a reduced charitable giving tax deduction and reduced direct grants to and contracts with nonprofit organizations.

On the floor of the House of Representatives, during debate over the Fiscal Cliff legislation, Democrats have already begun to argue for additional revenues, echoing statements this week from The White House. In other words, the nonprofit sector has made it out of the first round of debates. But, the second round is quickly approaching.

Challenging times remain immediately ahead.

Special Report: Everything Each NPO Must Know about Fiscal Cliff Legislation

A dysfunctional White House and Congress officially took the United States over the so-called “Fiscal Cliff” at the close of December 31. Fortunately, a deal was reached late on New Year’s Day, hopefully averting what economists say would have been an almost certain return to deep recession.

Since the American Taxpayer Relief Act of 2012 was passed, there’s already been a great deal of confusion and misinformation about what the Act means to the nonprofit sector. 

Thankfully, Brian M. Sagrestano, JD, CFRE, a consultant and co-author of Philanthropic Planning Companion: The Fundraiser’s and Professional Advisors’ Guide to Charitable Gift Planning, has written a careful and thorough analysis of the 157-page Act with particular attention to: income taxes, long-term capital gains and qualified dividends, gift and estate taxes, the IRA Charitable Rollover, and other provisions. He also predicts the impact the Act will have on philanthropy and provides some important tips for all nonprofit organizations.

Special Report: How Will the Fiscal Cliff Affect Nonprofits?

In recent weeks, there has been an increase in the amount of media coverage of the “Fiscal Cliff” negotiations in Washington, DC. I’ve even written a number of posts on the issue including: “Obama Plan Could Cost Nonprofit Sector $5.6 Billion a Year.”

Now, the blog site Nonprofit Community, hosted by publishers John Wiley & Sons and Jossey-Bass, has asked the question:

How Will the Fiscal Cliff Affect Nonprofits?

I, along with nine other Wiley and Jossey-Bass authors from different perspectives, respond. We offer insights and great advice for every nonprofit organization. By visiting Nonprofit Community, you’ll have a chance to hear from:

Special Report: It’s Time to Contact Congress!

On December 5, 2012, approximately 270 nonprofit professionals will descend on Capitol Hill to meet with members of Congress to advocate against proposals to limit or eliminate the charitable giving tax deduction. You can read about this effort in my blog post: “Obama Plan Could Cost Nonprofit Sector $5.6 Billion a Year.“

While the advocacy effort on Capitol Hill is important, the nonprofit sector cannot limit its advocacy efforts to this one event. As Congress confronts the “fiscal cliff,” Democrats and Republicans continue to strongly consider the implementation of a cap on itemized deductions, including the deduction for charitable giving, as a way to avert the crisis.

So, in conjunction with the advocacy event, the Association of Fundraising Professionals has activated the Engaging Networks platform that allows you to send an electronic letter (e-letter) to your House Member and two Senators with the mere touch of a few buttons. Whether or not you are an AFP member, you can send a letter by clicking here.

The link will take you to a page with the letter form. Once there, you’ll be able to begin the short process of entering the required information, adding your own personalized message, and editing the complete message before authorizing it to be sent.

Obama Plan Could Cost Nonprofit Sector $5.6 Billion a Year

The outcome of the most recent Election Day contests for President and Congress means many things to many people. For the nonprofit sector, it means it’s time to get back to work on Capitol Hill as Congress considers a proposal by President Barack Obama that could cost the nonprofit sector billions of dollars in philanthropy.

Michael J. Rosen, CFRE meets with Sen. Max Baucus (D-MT)

On December 4 and 5, 2012, hundreds of nonprofit professionals from around the country will gather in Washington, DC for “Protect Giving-DC Days.” Participants will gather for a working dinner and, the next day, will meet with members of Congress and their staffs to encourage them to preserve the charitable giving tax deduction by helping them understand the potential impact that a decline in private giving would have on local programs and the people they serve.

Protect Giving-DC Days is being organized by The Charitable Giving Coalition, an alliance of over 40 charitable organizations, nonprofits, and associations pushing for common-sense tax policies that recognize the critical role philanthropy and the nonprofit sector play in restoring America’s economic and civic health. Coalition members include the Association of Fundraising Professionals, United Way Worldwide, the Salvation Army, Catholic Charities USA, the American Council on Education, the American Institute for Cancer Research, Independent Sector, The Philanthropy Roundtable, and others.

The advocacy effort is critically important as Congress attempts to identify ways of increasing revenues by limiting or eliminating tax deductions, including those for charitable giving. For example, Obama has proposed limiting the federal-tax charitable-deduction to 28 percent for individuals earning more than $200,000 and couples earning more than $250,000. Currently, taxpayers may claim up to a 35 percent charitable deduction.

Latest Stelter Report Flawed but Still Insightful

Earlier this month, The Stelter Company presented the findings of its latest research project at the Partnership for Philanthropic Planning’s 2012 National Conference on Philanthropic Planning. What Makes Them Give: 2012 Stelter Donor Insight Report is the Company’s third study of planned giving in the United States.

As a nerd and as the winner of the 2011 Association of Fundraising Professionals/Skystone Partners Prize for Research in Fundraising and Philanthropy, I enjoyed reading the report. And, I thank The Stelter Company for adding to the nonprofit sector’s base of knowledge.

While flawed, the report does offer some interesting tidbits. This post will examine some of the useful tidbits and problematic flaws. Some of the insights are new while others will confirm what experienced gift planners have long known or suspected.

Many Planned Givers Are NOT Loyal Donors

Perhaps the most interesting finding is that 21 percent of those who have made a planned gift “never donated to the charity before putting a planned gift in place.” An additional 20 percent did give to the charity prior to making a planned gift, but did so for less than five years.

The conventional wisdom has been that loyal donors make the best planned giving prospects. However, the report shows that 41 percent of planned gift donors are outside of the loyal-donor model. This underscores the importance of making planned gift messaging ubiquitous.

Planned Givers Are NOT Always Large Current Donors

Among those who have made a planned gift and who have also made an annual giving donation to the charity, 40 percent gave less than $500. Only 16 percent have given $5,000 or more. While the old donor pyramid, where small donors become major donors and then become planned gift donors, may be true for many, the vast majority of planned gift donors have not first been major donors.

This means that, when looking for prospective planned gift donors, development professionals must consider the organization’s entire database. This includes large donors, medium donors, small donors, and even non-donors.

Bequest Giving is the Most Popular Planned Gift

The study found that “a bequest is the most popular vehicle for planned giving.” The report confirms what has been a long-held belief among gift planners and a fact that I included in my book, Donor-Centered Planned Gift Marketing.

This is good news for all nonprofit organizations. Virtually all nonprofits can easily and inexpensively promote bequest giving. For those organizations with a bit more expertise and resources, a bequest conversation or a bequest commitment may provide a gateway for a conversation with the donor about more complex giving vehicles. If the market finds a bequest to be the most popular form of planned giving, savvy planned gift marketers will take notice and market accordingly. On the other hand, bequest giving may be the most popular vehicle because it is the one that is already most widely promoted by the nonprofit sector; perhaps this should be examined in a future study.

Many Planned Givers Are Reluctant to Tell the Charity

Among those who have made a planned gift, 49 percent say that they have not told the charity. This raises an important question not asked as part of this study: Why haven’t you told the charity?

I suspect that many donors simply consider their estate planning a private matter and, therefore, choose not to disclose a planned gift provision to the charity that will benefit. I also suspect that others do not want recognition from the charity that they suspect will lead to more pressure to give more either to that charity or another nonprofit organization that takes notice. But, the biggest reason for nondisclosure may simply be that donors do not understand the value of disclosure to themselves and to the organization. Development professionals need to do a better job of articulating the benefits of disclosure to encourage more donors to do it.

Planned Givers and Prospects Use Social Media

A majority of planned gift donors and prospects surveyed use at least one of five social media networks tested:

–Facebook, 39 percent

–Google Plus, 19 percent

–LinkedIn, 17 percent

–Twitter, 6 percent

–MyLife, 1 percent

The report found, “Almost one-fourth of major donors, current planned givers and best prospects in their 40s would like to connect with nonprofits on Facebook.” Donors and prospects are using social media. Smart development professionals will meet donors and prospects where they are. This means including social media in the marketing mix.

Few People Are Asked for a Planned Gift

Only 26 percent of planned gift donors and best prospects — “people who say they will definitely or probably make a planned gift in the future” — say they have received a letter or email about planned giving. Only 17 percent say they have been asked directly for a planned gift.

If nonprofit organizations want more planned gifts, they need to ask more people, more often, and in the right way. With so few people receiving direct planned giving communications, there is not a high-degree of competition. On the other hand, this means tremendous potential.

While What Makes Them Give contains some useful and valuable information, I have some issues with other elements of the report:

Special Report: Where Does the Charitable IRA Rollover Stand?

As we head toward the end of the calendar year, I’ve been increasingly asked about the status of the Charitable IRA Rollover. This is the tax law provision that allowed taxpayers who were 70½ or older to transfer as much as $100,000 a year directly from their IRAs to qualified charities without tax penalties. The mechanism, which expired December 2011, gave older Americans, with an over-funded retirement, an additional pool of funds from which to contribute.

Many nonprofit organizations found the IRA Rollover unlocked new and increased giving. Development professionals also found that talking about the IRA Rollover was an easy way to engage prospects in a discussion about planned giving.

Unfortunately, the U.S. Congress allowed the IRA Rollover provision to lapse. And, it looks like the provision, if it is reinstated, won’t be reinstated until after the November election. Fortunately, there is support for the provision on Capitol Hill. The Senate Finance Committee did vote to include the IRA Rollover, through 2013, in the so-called Tax Extenders legislation.

The Wall Street Journal recently published a brief update regarding the status of the provision: “Will Rule on IRA Donations Return?”

While professional organizations such as the Association of Fundraising Professionals have been at the forefront of the fight for the IRA Rollover, members of Congress need to hear from a diverse group of individuals and organizations.

If you support the IRA Rollover provision, contact your Representative and Senators to let them know they should support it, too.

That’s what Michael Rosen says… What do you say?

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20 Factoids about Planned Giving. Some May Surprise You.

There is no such thing as a “typical” planned giving program.

The reality is that there are an infinite variety of such programs. They come in various forms in varied degrees of sophistication. Planned giving programs vary by organization type, donor population, organizational budget, and a host of other factors.

A small organization with a limited budget and a modest individual-donor pool may simply promote the idea of naming the charity in a will. By contrast, a large organization with a significant development budget may promote a broad array of planned giving vehicles from bequests to charitable gift annuities to trusts.

Despite the differences from one planned giving program to the next, there are a large number of points of commonality.

This list of 20 factoids about planned giving has been drawn from my book Donor-Centered Planned Gift Marketing. I’m sharing it here because I’ve found, when I’m speaking around the country, that these are some of the tidbits that people have found particularly interesting and/or that they have been surprised by. Here are the factoids:

1.  Bequests are generally regarded as the most common form of planned gift. Charitable gift annuities come in at a far distant second.

2.  Almost everyone has the ability to make a planned gift. Planned giving is not just for the wealthy. Consider the following:

• Among survey respondents over age 30, 69 percent expect to leave an inheritance. (The Stelter Company)
• People over the age of 50 control 70 percent of all privately held financial assets in the United States. (U.S. Census Bureau)
• A 2005 study found that 50.3 percent of U.S. households owned equities in some form. (Investment Company Institute and Securities Industry Association)

3.  Bequests are the major gift of the middle class. Many individuals wish they could provide significant current support to the nonprofit organizations they love. Unfortunately, they’re not in a financial position to do so. They either don’t have the cash to give or need to preserve their resources to live off of during retirement. Planned giving gives these individuals the opportunity to make a significant gift without pain. For example, a donor can leave her home to her favorite charity upon her death. Or, a donor can give to his favorite organization and receive an income for life. Planned giving allows donors to make more significant gifts than they might otherwise be able to make.

4.  The average age of someone who makes their first charitable bequest commitment is 40-50. This means there is a great deal of time between when the donor includes a charity in his will and when the gift will be realized. That’s one reason why sound stewardship is essential. A nonprofit organization wants to remain in the donor’s will and encourage the amount of that commitment to grow overtime.

5.  High-income women are more likely than men to use complex gift planning tools. While it is unclear why this is the case, we do know that high-income women are more willing than men to establish a trust, for example. You can read more about the giving of women by reading my post “Men v. Women: Who are the Best Planned Giving Prospects?”