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Home :  Nonprofit Issues :  Advocacy Blog : 
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Advocacy Blog


Wednesday, August 24, 2005

Nonprofits Cloak Donors to the Ahhhnold
From the L.A. Times: Tax-exempt groups provide millions from sources not made public. Ethics watchdogs say the practice avoids state disclosure laws.

Gov. Arnold Schwarzenegger is benefiting from millions of dollars raised by a network of tax-exempt groups without revealing that the money comes from major corporations with business before his office.

The groups are run by Schwarzenegger's closest political allies, who also represent some of California's biggest interest groups. Unlike the governor's many campaign funds, the nonprofits are not required to disclose their contributors and can accept unlimited amounts.

One group controlled by a powerful corporate consultant pays the $6,000-a-month rent on a Sacramento hotel suite used by the governor, who is a multimillionaire. Others have funded media events and political rallies featuring Schwarzenegger and helped pay for his foreign travel. So far, five tax-exempt groups aiding Schwarzenegger have collected $3 million.

Other elected officials also raise money through nonprofit groups. But Schwarzenegger campaigned on creating an open government answerable to the public. His use of the nonprofit groups has the opposite effect, ethics watchdogs said.

State and federal laws allow groups performing a broadly defined "public benefit" to operate tax exempt. But the lack of disclosure requirements means potential conflicts of interests between the governor and his contributors remain hidden, allowing powerful donors to curry favor with Schwarzenegger behind the scenes, they said.

"This is an end run around the campaign finance laws," said Larry Noble, executive director of the Center for Responsive Politics in Washington. "It does away with the contribution limits and it avoids disclosure, and it's a way for the special interests who are supporting him to buy access and buy influence."

Rob Stutzman, the governor's communications director, said Schwarzenegger has asked the nonprofits directly helping him — such as the foundation paying his rent — to disclose their donors. In any case, he said the governor pays little attention to who donates to the nonprofits.

"He just never bothers himself with it," Stutzman said.

State law requires that politicians disclose contributions to nonprofits made at their "behest," but Schwarzenegger's attorneys say it does not apply to the donations at issue. Democrats disagree and have filed a formal complaint.

For more on this story.

Posted by Jennifer Lowe, 12:04:02 PM



Tuesday, August 09, 2005

Action on Charitable Giving Legislation Coming
The Senate Finance Committee plans to act on a package of charitable giving tax incentives soon.

The committee hopes to mark up the CARE Act in September. The proposal, contained in Title III of S. 6, the Marriage, Opportunity, Relief, and Empowerment Act of 2005, includes several charitable giving incentives, including a charitable deduction for nonitemizers and tax-free distributions to charities from individual retirement accounts. There also are provisions to improve the oversight of exempt organizations, including more money for IRS oversight operations and making more IRS determination letters available to the public.

Finance also is working on several charitable reform proposals and probably will introduce them in September, according to a staffer. Areas the legislation will address include donor-advised fund reform, supporting organization reform, and self-dealing, he said. He added that the committee is still considering many reform proposals, including some not included in the more than 120 recommendations made by the Panel on the Nonprofit Sector on June 22.

Posted by Jennifer Lowe, 01:39:34 PM



Thursday, August 04, 2005

Nonprofits Benefit from Estate Tax, Seattle Op-Ed Says
Grateful Americans don't mind giving something back

As a non-millionaire who paid an estate tax, I am tired of the false claims made in Thursday's guest column by Dick Patten. For starters, a recent non-partisan study found that virtually no farm or small business would pay estate taxes with a few simple changes to current law. In our state, raising the exempt amount to $3.5 million per person means that only 80 estates would likely pay any estate tax in 2006, and just 3 percent of them are family-owned farms or businesses.

Millions of average Americans have good reasons to oppose repeal.

Money from estate taxes helps support public schools, roads, hospitals, nursing homes, the postal service, national defense, farm subsidies and, yes, small businesses.

The estate tax is a proven incentive for charitable giving. For 2006, estate tax repeal would cost our state's local charities $169 million. That's more than the $156 million in annual grants from the Gates Foundation. The state budget couldn't make up that loss.

Third, it wasn't just assets that my parents passed along to me and my siblings, but values -- such as patriotism and a belief that U.S. citizenship includes shared responsibility as well as enormous benefits. The tax lets those who've benefited most from this country's stability and opportunity give back a little to the country that made it all possible.

Nancy Amidei
Seattle

You can also find it here!

Posted by Jennifer Lowe, 12:03:54 PM



Nonprofits Benefit from Estate Tax, Seattle Op-Ed Says
Grateful Americans don't mind giving something back

As a non-millionaire who paid an estate tax, I am tired of the false claims made in Thursday's guest column by Dick Patten. For starters, a recent non-partisan study found that virtually no farm or small business would pay estate taxes with a few simple changes to current law. In our state, raising the exempt amount to $3.5 million per person means that only 80 estates would likely pay any estate tax in 2006, and just 3 percent of them are family-owned farms or businesses. Millions of average Americans have good reasons to oppose repeal. Money from estate taxes helps support public schools, roads, hospitals, nursing homes, the postal service, national defense, farm subsidies and, yes, small businesses. The estate tax is a proven incentive for charitable giving. For 2006, estate tax repeal would cost our state's local charities $169 million. That's more than the $156 million in annual grants from the Gates Foundation. The state budget couldn't make up that loss. Third, it wasn't just assets that my parents passed along to me and my siblings, but values -- such as patriotism and a belief that U.S. citizenship includes shared responsibility as well as enormous benefits. The tax lets those who've benefited most from this country's stability and opportunity give back a little to the country that made it all possible. Nancy Amidei Seattle You can also find it here!

Posted by Jennifer Lowe, 12:03:03 PM



CRS Report Re JCT Ideas for Charitable Donations
The Report summarizes major proposals by the staff of the Joint Committee on Taxation (JCT) for dealing with high-profile issues in the area of charitable giving.

The proposals came from a January 2005 report compiled by the JCT staff (JCS-02-05) and have not been endorsed by the chairman or the ranking member on the Senate Finance Committee. However, the ideas could play a role as the Finance Committee staff molds a comprehensive overhaul of tax exemptions with introduction of legislation possible in September.

According to the report, the JCT proposal on conservation easements would eliminate deductions for property still used as personal residences, reduce the amount that could be deducted, restrict some of the conservation purposes, and impose requirements on the appraiser who determined the contribution's value.

The JCT proposals also would cap the deduction on gifts of clothing and household items at $500 annually. That would be in line the $500 threshold above which donors must report their gifts to Internal Revenue Service, the CRS report said.

The JCT also recommended restricting gifts of appreciated property by limiting the deduction for any contribution to the smaller of the donor's basis in the property or the property's fair market value, but allowing for the donee organization to use the gift to further its tax-exempt purpose.

Such a change, the JCT staff reasoned, would encourage useful gifts to charitable groups. "Cash, publicly traded securities, and arguably property that can be used directly in substantial furtherance of exempt purposes meet this standard. Other gifts of property generally do not and so need not to be as favored," the CRS report quoted the JCT paper as saying.



Posted by Jennifer Lowe, 10:52:51 AM




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