How Will the New Tax Law Affect Your Nonprofit, Your Employees, and the People You Serve?

Yesterday Congress passed the $857 billion tax package negotiated by President Obama and congressional Republicans. President Obama is expected to sign the legislation today.

The Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act (H.R. 4853) has numerous components of interest and concern to nonprofits – as employers and as mission-based organizations involved in local communities. This list presents portions of interest to most nonprofits, nonprofit employees, and the people they serve:

• Tax Rates Maintained: All of the individual tax rates put in effect in 2001 and 2003 are maintained through 2012, including those for upper-income tax brackets. Most immediately, this means that nonprofit and other employers will not have to adjust employee withholdings for income taxes.
• Individual Payroll Taxes Reduced: Employees receive a two percent reduction in the Social Security tax they pay. For 2011, nonprofit and other employers will need to reduce the individual's share of payroll withholding from 6.2 percent to 4.2 percent. To illustrate what this change means, an individual earning $50,000 will see $1,000 in tax savings.
• Estate Tax: The bill restores and reduces the federal estate tax at a rate of 35 percent and increases the exemption level to $5 million, two changes that many fear will eliminate previous incentives for the wealthy to give.
• Charitable Giving Incentives: The IRA rollover and other expired charitable giving incentives (promoting donations of food, land, computers, and books) are restored for the remainder of 2010 and through the end of 2011, which should help promote giving.
• Unemployment Benefits: The legislation extends the enhanced program of 99-weeks of unemployment benefits through 2011. This allowance may prevent additional strain that would have hit many nonprofits that provide services to those with no income.
• Alternative Minimum Tax: Middle-income taxpayers will not be subject to the alternative minimum tax in 2010 and 2011 because the bill renews a "patch" that limits the application of the AMT to approximately four million upper-income individuals. Without this patch, many taxpayers would have seen an automatic increase in their tax rates.

The following link will take readers to a 12-page summary that provides greater detail about the bill, including provisions that might be of interest to particular nonprofits (e.g., those providing child care, adoption assistance, certain education): Summary of the Reid-McConnell Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010.

Also, the IRS just released instructions to help employers implement the 2011 cut in payroll taxes, along with new income-tax withholding tables that employers will use during 2011. See Notice 1036.

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SBA, Microsoft create technology guide, online course

The U.S. Small Business Administration (SBA) today announced a new technology resource is available for small business owners.

The SBA and Redmond, Wash.-based Microsoft Corp. have teamed up to create "Business Technology Simplified," a free guidebook that offers tips on how to use technology and innovation to make businesses work more efficiently, the SBA said in a news release.

The guidebook includes material on simplifying work tasks, do-it-yourself marketing, time management, and finding and cultivating customers.

"Business Technology Simplified" is available in a printed format at the SBA Syracuse district office. Computer users can also access the guidebook online at the Microsoft website.

It's also available as a free distance-learning course, according to the SBA.

The course is available at www.sba.gov/training.

Helping 1,000 startups in 2,000 days

From the Business Review

Veteran Silicon Valley entrepreneur Martin Babinec is looking for an Albany-area university to team up with him.

Babinec, of Little Falls, N.Y., founded Upstate Venture Connect in January and already has partnered with Cornell University, Syracuse University and LeMoyne College in Central New York to make it easier for technology startups to succeed.

Babinec formed UVC with a goal of helping entrepreneurs team up with advisers and find access to investors to increase their odds of survival. UVC seeks to help create 1,000 technology startups in upstate New York over the next 2,000 days.

“For entrepreneurs to get connected here is extremely difficult,” Babinec said.

UVC, a nonprofit, is developing a database and social network for mentors, advisers, startup companies, incubators and investors.

Teaming up with upstate universities to create a network of resources to help entrepreneurs solve funding, marketing, sales and commercialization problems is a key that Babinec said will help upstate encourage the development of more startup companies.

The resident of Herkimer County, N.Y., spent 22 years building TriNet HR Corp., a San Leandro, Calif.-based human resources outsourcing company, into a national firm with $200 million in annual revenue and more than 2,800 clients in the Unites States.

Babinec, who remains on the TriNet board and is the second-largest shareholder of the private company, said he is dedicating the next 10 years to bringing some of Silicon Valley’s entrepreneurship culture to upstate New York.

UVC is run by Nasir Ali, president of The Tech Garden in Syracuse.

Last month, UVC opened an office in Saratoga Springs. Greg Gibson, an entrepreneur who moved to Saratoga Springs from Boston two years ago, is running the local office.

“Upstate has many of the assets necessary to build an innovation-oriented economy,” Babinec said. They include 113 universities and colleges, roughly 500,000 students who attract more than $3 billion in research funding each year.

Those assets are spread out and do not work together as much as they should.

By partnering with universities throughout upstate, Babinec said he hopes to start changing the entrepreneurship culture here.

How to Donate like a Pro

In a Time of Tighter Budgets—For Benefactors and Charities Alike—It's More Important Than Ever to Make Your Gifts Count. Here's How

Investors demand a good return from their assets. Now donors are increasingly seeking the same for their charitable dollars.

Many philanthropists, large and small, are anxious about writing checks—and many endowments have yet to recover fully from the bruising they took during the financial crisis. Finding the worthiest, most-efficient organizations to maximize the impact of your donations couldn't be more pressing.

Yet identifying the best charity can be as difficult as picking a good money manager, with philanthropists left to navigate a world of tax forms, ratings systems and often misleading jargon. It's easy just to write a check and hope for the best—but you stand the risk of getting a poor return on your charitable investments.

Making matters more complicated: Many long-cherished tax breaks are coming under fire. Next year could bring the return of limits on itemized deductions, including those for donations, if Congress doesn't extend the Bush-era tax cuts for couples earning more than $250,000 ($200,000 for individuals). Even if Congress extends the cuts for all, the idea of cutting back charitable tax breaks is still in play: President Obama's deficit commission this week proposed limiting the deductions for large gifts to amounts above 2% of adjusted gross income.

All this is making donors rethink their giving strategies, says Patrick Rooney, executive director of the Center on Philanthropy at Indiana University. "They want to make sure now more than ever that they're using their money wisely."

Overall giving is down sharply from its recent highs. Among high-net-worth households—who account for the bulk of individual charitable dollars—average giving dropped 34.9% to $54,016 in 2009, from $83,034 in 2007, according to a survey conducted by the center and sponsored by Bank of America Merrill Lynch.

The downward trend appears to be continuing. One in five people say they are giving to fewer organizations than in the past, according to a November poll from Harris Interactive. A third are giving in smaller amounts this year than last. And the percentage of people not giving at all has doubled to 12% in 2010 from last year.

There are a host of charity-rating agencies to consult, but to get a more-accurate picture, consider volunteering your time before giving money. Do your own research: Talk to beneficiaries, visit work sites and study a group's finances yourself to judge the effectiveness of its programs.

That's what Denise Winston did. The former business banker "always just wrote a check," she says. But after leaving her job and starting her own financial-education business in 2009, the Bakersfield, Calif., resident became more frustrated over how little of her donations were going to beneficiaries. She decided she would spend time volunteering with different organizations before giving, partly to get a better sense of her time and money's impact.

"I'm closer to the person receiving support," she says. "Anyone can write a check. But I like to give things you can't buy."

Here's how to navigate the system and make sure the dollars you donate are making the biggest impact possible.

Article continued at Wall Street Journal.com, includes ways of gauging donor's impact and red flags that donors should watch out for.

Charities Seeing Slight Recovery in Giving, But Not Enough to Keep Up with Demand or Budget Cuts

Nonprofit organizations have seen a slight turnaround in giving so far this year that mirrors the slow economic recovery, a new survey from the Nonprofit Research Collaborative (NRC) finds. But the small rebound hasn't been enough to help many nonprofits that are grappling with staff and service cuts even as demand for their services has increased.

The national survey showed that 36 percent of charities reported an increase in donations in the first nine months of 2010, compared with only 23 percent in the same period of 2009.

Thirty-seven percent of charities reported a decrease in giving, a dramatic change from 2009's 51 percent. Among those experiencing a decline in giving, the main reason cited was fewer individual donations and smaller amounts. Lower amounts received from foundations and corporations also contributed to the overall lower giving amounts at these charities. Giving remained unchanged at 26 percent of nonprofits in 2010 vs. 25 percent in 2009.

"We are beginning to see some positive signs, but despite that giving still has a long way to go to return to the levels it was at three or four years ago," said Patrick M. Rooney, executive director of the Center on Philanthropy at Indiana University, which spearheaded the collaboration. "One-fifth of charities in the survey said their budgets for 2011 will be lower than for 2010, forcing many of them to look at cuts in services, salaries and staff."

Among the 20 percent of nonprofits anticipating reduced budgets next year, 66 percent say they will have to reduce programs, services or operating hours, 59 percent expect to cut or freeze staff salaries or benefits, and 49 percent are planning layoffs or hiring freezes.

"The Nonprofit Fundraising Survey: November 2010" is the first product of a collaboration involving six organizations that serve the nonprofit sector: the Association of Fundraising Professionals, Blackbaud, the Center on Philanthropy at Indiana University, the Foundation Center, GuideStar USA Inc., and the Urban Institute's National Center for Charitable Statistics.

"For the first time in two years, there is cause for cautious optimism about the nonprofit sector in this economy," said Bob Ottenhoff, president and CEO of GuideStar. "Nonetheless, in this latest study, as in all prior years, nonprofits also are reporting increased demand for their services. Even as giving increases, philanthropic dollars fall short of the amounts needed to help people in our country and abroad."

Demand for services increased at 78 percent of human service nonprofits and 68 percent of charities overall in 2010. Charities will be hard-pressed in 2011 to secure funding for growing needs, especially as individual and foundation donors are cautious about boosting support and other sources of funding — including government contracts for services — are cut.

"Younger, less well-established nonprofits have been especially hard hit by the recession," noted Lawrence T. McGill, vice president for research at the Foundation Center. "Many foundations, seeking to maximize more limited resources, have steered their grantmaking toward organizations they believe have the best chance to weather the economic storm."

Other Key NRC Survey Findings:

• In four of eight subsectors, the share of organizations reporting an increase in contributions was about the same as the share reporting a decrease. The four with nearly equal percentages of organizations with giving up and giving down are: arts, education, environment/animals, and human services.
• International organizations were the most likely to report an increase in contributions, reflecting donations made for disaster relief.
• In three subsectors — health, public-society benefit, and religion — a larger share of the organizations reported declines than reported increases.
• The larger an organization's annual expenditures, the more likely it reported an increase in charitable receipts in the first nine months of 2010 compared with the same period in 2009.
• Most organizations were guardedly optimistic about 2011. Forty-seven percent plan budget increases, 33 percent expect to maintain their current level of expenditures, and 20 percent anticipate a lower budget for 2011.

The Collaborative and Survey Methodology

By working together, the Nonprofit Research Collaborative can reduce the number of surveys nonprofits are asked to complete, collect information more efficiently, and analyze it in more useful ways to create the benchmarks and trends that nonprofits and grant makers use to guide their work. Each partner has at least a decade of direct experience collecting information from nonprofits on charitable receipts, fundraising practices, and/or grantmaking activities. Survey participants will form a panel over time, allowing for trend comparisons among the same organizations. This approach provides more useful benchmarking information than repeated cross-sectional studies.

The first NRC survey, based on questions that GuideStar used for its annual economic surveys, was fielded between October 19 and November 3, 2010. It received 2,513 responses. More than 2,350 charities completed the questions, as did 163 foundations. The analysis for grant makers includes responses from charities that make grants but that are not foundations. These include United Ways, Jewish federations, congregations, and a number of other types of organizations. There were responses from 386 grant makers.

The respondents form a convenience sample. There is no margin of error or measure of statistical significance using this sampling technique, as it is not a random sample of the population studied. However, given the long-running nature of GuideStar's economic surveys and the strong relationship between findings in those studies in prior years and actual results once tax data about charitable giving are available, the method employed here is a useful barometer of what charities experience and what total giving will look like. In the future, the NRC surveys are expected to occur in early winter, spring, and fall every year.

"The Nonprofit Fundraising Survey: November 2010" (PDF), which includes responses broken down by types of nonprofits and budget size, can be downloaded at no charge from the Gain Knowledge area of the Foundation Center's web site.

Foundations Likely to Increase Giving in 2011, According to Foundation Center Survey

Foundation Operations Have Stabilized in the Wake of Widespread Disruption

Giving by U.S. foundations is poised for modest overall growth in 2011, after remaining flat in 2010. But it may take several years for giving to match the peak level recorded in 2008, according to estimates reported by the Foundation Center in Moving Beyond the Economic Crisis: Foundations Assess the Impact and Their Response.

Foundation operations appear to have stabilized following cuts in staffing, travel, or other operating expenses by a majority of grantmakers. In a sign that foundations may be turning the corner, only 12 percent of respondents to the Center's September 2010 "Foundation Giving Forecast Survey" expect these operational changes to remain in place over the longer term. Among the changes that could persist: funders making fewer site visits to grantees, attending fewer conferences, eliminating print copies of annual reports, and moving to electronic grant applications.

"The foundation community is adapting in our dramatically changed environment," said Steven Lawrence, director of research at the Foundation Center and author of the advisory. "Even though the 2010 economy has been anything but predictable, foundations are working with greater efficiency, holding their giving steady, and a number are planning for growth."

Findings from the new report also indicate that about 40 percent of respondents have made some type of modification to their grantmaking priorities as a result of the economic crisis. However, less than 8 percent expect these to be long-term changes. The priority changes described by respondents range from providing greater support for safety net activities to tightening their grantmaking focus to eliminate funding that falls outside of their existing priority areas.

This Foundation Center research advisory is the latest in a series that has explored the impact of the economic downturn on the nonprofit sector. The advisories are available at the Center's Focus on the Economic Crisis web page, which offers a variety of resources to help nonprofits and foundations deal with the challenging economy. Also available on this page is the Center's interactive map that displays the most recent data available on U.S. foundation support for the crisis, totaling $440 million to date. Moving Beyond the Economic Crisis: Foundations Assess the Impact and Their Response (PDF) can also be downloaded at no charge from the Gain Knowledge area of the Foundation Center's web site.

About the Survey
In September 2010, the Foundation Center launched a special online update of its annual "Foundation Giving Forecast Survey" and made it available to approximately 5,000 large and mid-size U.S. independent, corporate, and community foundations. The survey included questions on the outlook for foundation giving in 2010 and 2011, changes in their grantmaking priorities and operations, and their response to specific needs created by the economic crisis. A total of 719 foundations provided useable responses as of mid-October 2010. The Center's next Foundation Giving Forecast Survey will be conducted in January 2011, with results released in the April 2011 edition of Foundation Growth and Giving Estimates.

This study was made possible in part by support from The Wallace Foundation. The Foundation Center's Research Institute is funded in part by The Wallace Foundation, which supports and shares effective ideas and practices to help institutions expand learning and enrichment opportunities. To learn more, visit the Knowledge Center at www.wallacefoundation.org.

About the Foundation Center
Established in 1956 and today supported by close to 550 foundations, the Foundation Center is the leading source of information about philanthropy worldwide. Through data, analysis, and training, it connects people who want to change the world to the resources they need to succeed. The Center maintains the most comprehensive database on U.S. and, increasingly, global grantmakers and their grants — a robust, accessible knowledge bank for the sector. It also operates research, education, and training programs designed to advance knowledge of philanthropy at every level. Thousands of people visit the Center's web site each day and are served in its five regional library/learning centers and its network of 450 funding information centers located in public libraries, community foundations, and educational institutions nationwide and beyond. For more information, please visit foundationcenter.org or call (212) 620-4230.

Nonprofits Have Big Role in State

As Governor-Elect Andrew Cuomo and legislators shape their plans for New York next year, they should pay close attention to the state's vibrant not-for-profit sector, as it is the standard-bearer for innovation and service to the state and its people. The 80,000 not-for-profit organizations in the state play crucial roles: leading efforts to prevent or cure disease, alleviate poverty, advance education, address environmental and social concerns, and ennoble through culture.

New York's robust charitable sector, including such powerhouses as Columbia University, Sloan-Kettering, the Red Cross, the Ford Foundation and Lincoln Center, as well as community-based organizations, such as local drug-prevention programs, small community theaters and religion-based charities, help fuel the state's economy, generating over $150 billion in revenue annually and employing hundreds of thousands of New Yorkers. Second in size only to the government as an employer in the city, the nonprofit sector provides more jobs than the financial and insurance industries combined.

Working together, state government and nonprofits can help maintain our state's primacy as innovator, incubator and magnet for investment. Here's how.

* Adjust taxes to encourage more giving. For example, reward taxpayers for increases in year-over-year charitable giving and incentivize artists to donate their work to charity auctions in support of good causes.

* Promote regulatory, administrative and legislative reforms that make it easier to start and operate nonprofits, especially in high-tech, medical research and green industries.

* Encourage and facilitate partnering among nonprofits and between them and for-profit businesses. For instance, provide a clearinghouse so that environmental groups can pair up with green-tech businesses or so arts-in-education organizations can collaborate with founders of charter schools.

* Incentivize nonprofits to hire recent college graduates to fill needed roles while they learn important lessons about professional development and social responsibility.

* Rearrange state budgets with existing charitable resources in mind. For example, recalibrate school aid and Medicaid expenditures so that public spending on students, the elderly and the disabled complements and stimulates private nonprofit resources and support.

* Safeguard against encroachments on sales- or property-tax -exemptions, which would hurt already-stretched hospitals, elder-care facilities and YMCAs.

* Promote visibility for worthy nonprofits by providing voluntary check-offs on state tax forms.

* Include nonprofit destinations in the state's promotion of tourism and convention activity.

* Make nonprofits part of New York's federal lobbying strategy.

The public's trust in state government may be at a low ebb, but public support for nonprofits endures. By recommitting himself to the well-being of our valuable nonprofit institutions, Mr. Cuomo can take important steps toward reclaiming the state's role as a national beacon and perpetuate its highest ideals.

by Lesley Freidman Rosenthal, for original article click here.