Financial Management: Frequently Asked Questions (FAQs)
At Maryland Nonprofits,
we're asked a lot of different questions about a lot of different
things. From nonprofit management, to finance, to board governance,
to fundraising, we've spent time researching the answers to many
of your questions. We are now giving you an opportunity to find
the answers to some of our more frequently asked questions on our
website.
We have also dedicated
a frequently asked questions section for our members, to view
click here.
Form 990 - How to Answer the NEW Question 75b? Answers here >>
What
do I need to know about donating a car to a nonprofit,
and what should a charity know about car donation programs?
Donors:
If you are considering donating a car to a charitable organization, you should be aware that federal laws governing the charitable deduction you may claim, and the requirements on the charity to which you donate a vehicle, were significantly amended for the 2005 tax year and beyond. These changes are summarized on our web site at http://www.marylandnonprofits.org/html/policy/documents/DonationRuleAlert.pdf
In most cases if you claim a deduction more than $500, your deduction will be limited to the amount of the gross proceeds to charity from its sale of the vehicle (the great majority of donated vehicles are sold at auction) rather than the ‘bluebook’ or retail value of the vehicle. There are exceptions, depending on the subsequent use of the vehicle by the charity. The IRS has an updated document available on its web site - IRS PUB 4303 - A Donor’s Guide to Vehicle Donations – at http://www.irs.gov/pub/irs-pdf/p4303.pdf
Charities:
Charities operating vehicles donation programs have expanded responsibilities under the revised federal law. New information they must obtain from donors, and reports they must provide to donors and the IRS are described in the summary on our web site mentioned above. The new IRS guide – IRS PUB 4302 – A Charity’s Guide to Vehicle Donations – is available at http://www.irs.gov/pub/irs-pdf/p4302.pdf
The State of Maryland’s Motor Vehicle Administration (MVA) interprets the vehicle titling laws to require that the charity's name be filled in on the back of the title certificate and that the charity subsequently title the donated vehicle in its own name prior to reselling the vehicle. Also, Maryland law requires charities that accept three or more vehicles a year as donations to obtain a dealer’s license. A “wholesale” dealer’s license is sufficient and does not require establishing a sales or storage facility, but limits the resale of vehicles to other licensed dealers and prohibits retail sales to the public. Information on dealer licensing is available at the MVA’s web site at www.marylandmva.com/AboutMVA/Info/27100-12T.htm
If a charity contracts with a third party for any aspect of planning or implementing the solicitation of vehicles, that third party should be registered with the Maryland Secretary of State’s office under the state’s charitable solicitation law. The Secretary of State’s Charitable Organizations Division web page is http://www.sos.state.md.us/Charity/Charityhome.htm
What
are fiscal agents?
Also
called Fiscal Sponsorship, organizations that are applying for their
501(c)(3) status will be interested in this topic. If you're a new
organization that has not yet incorporated, but want to raise funds,
you may want to use a fiscal agent. Fiscal agents are established
nonprofit organizations that you may enter into an agreement with
to accept funds on your behalf.
The
most common reason an established nonprofit organization would agree
to become a fiscal agent is to help a new organization begin operations.
Most likely the new start up organization is one that will be providing
similar programs and services to a different population. The law
considers the start up nonprofit and the established nonprofit to
be one legal entity. Both can be held liable for the actions of
the other.
There
are many sources available on finding and applying for a fiscal
agent. Please follow the links below for more information.
Hard
copy sources for fiscal agents can be found in Maryland Nonprofits
library.
-
Charities Must Take Care in Serving
as Conduits, Dresher: Donald Kramer; May 1999
-
Fiscal Agent Handbook, Chicago:
Northeastern Illinois University; January 24, 2001
-
What is a Fiscal Agent, and How
do I Find One?, New York: Foundation Center; March 8, 2001
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