Charitable organization: Difference between revisions
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{{Short description|Nonprofit organization with charitable purpose}} |
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{{Other uses|Charity (disambiguation)}} |
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[[Image:Universal North Building.JPG|thumb|American Cancer Society offices in Washington, D.C.]] |
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{{Distinguish|Charites}} |
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A '''charitable organization''' is a type of [[non-profit organization]] (NPO). The term is relatively general and can technically refer to a public charity (also called "charitable foundation," "public foundation" or simply "[[Foundation (nonprofit organization)|foundation]]") or a [[private foundation]]. It differs from other types of NPOs in that its focus is centered around goals of a general [[philanthropy|philanthropic]] nature (e.g. [[Charity (practice)|charitable]], [[educational]], [[religious]], or other activities serving the [[public interest]] or [[common good]]). |
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[[File:Universal North Building.JPG|thumb|[[American Cancer Society]] offices in [[Washington, D.C.]]]] |
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A '''charitable organization'''<ref name="Reiling 1958 525–598">{{Cite journal|last=Reiling|first=Herman T.|date=1958|title=Federal Taxation: What Is a Charitable Organization?|jstor=25720402|journal=American Bar Association Journal|volume=44|issue=6|pages=525–598}}</ref> or '''charity''' is an organization whose primary objectives are [[philanthropy]] and social [[well-being]] (e.g. [[education]]al, [[Religion|religious]] or other activities serving the [[public interest]] or [[common good]]). |
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The legal definition of charitable organization (and of [[Charity (practice)|charity]]) varies according to the country and in some instances the region of the country in which the charitable organization operates. The regulation, tax treatment, and the way in which charity law affects charitable organizations also varies. |
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The legal definition of a charitable organization (and of charity) varies between countries and in some instances regions of the country. The [[Charity regulators|regulation]], the tax treatment, and the way in which charity law affects charitable organizations also vary. Charitable organizations may not use any of their funds to profit individual persons or entities.<ref>{{Cite web|url=https://www.irs.gov/charities-non-profits/charitable-organizations/exemption-requirements-section-501c3-organizations |title=Exemption Requirements – 501(c)(3) Organizations |website = Internal Revenue Service|language=en|date = 28 November 2018}}</ref> However, some charitable organizations have come under scrutiny for spending a disproportionate amount of their income to pay the salaries of their leadership. |
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== Australia == |
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[[File:UFF Jyväskylä.jpg|thumb|The [[second-hand shop]] of UFF (''U-landshjälp från Folk till Folk i Finland''), a non-profit and non-governmental humanitarian foundation,<ref>{{Cite web |url=https://uff.fi/in-english/ |title=UFF – Official Site |access-date=2021-08-19 |archive-date=2021-08-19 |archive-url=https://web.archive.org/web/20210819161419/https://uff.fi/in-english/ |url-status=live }}</ref> in [[Jyväskylä]], [[Finland]]]] |
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=== Definition of charity === |
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Financial figures (e.g. tax refunds, revenue from fundraising, revenue from the sale of goods and services or revenue from investment, and funds held in reserve) are indicators to assess the financial sustainability of a charity, especially to [[charity evaluators]]. This information can impact on a charity's reputation with donors and societies, and thus the charity's financial gains. |
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The definition of charity in Australia is derived through English common law, originally from the [[The Charitable Uses Act 1601|Charitable Uses Act 1601]], and then through several centuries of case law based upon it. In 2002, the Federal Government establish an inquiry into the definition of a charity. That inquiry proposed that the government should legislate a definition of a charity, based on the principles developed through case law. This resulted in the Charities Bill 2003. The Bill incorporated a number of provisions, such as limitations on charities being involved in political campaigning, which many charities saw as an unwelcome departure from the case law. The government then appointed a Board of the Taxation inquiry to consult with charities on the Bill. As a result of widespread criticism from charities, the Government decided to abandon the Bill. |
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Charitable organizations often depend partly on donations from businesses. Such donations to charitable organizations represent a major form of corporate philanthropy.<ref>{{cite journal |ssrn=2028982 |last1=Tilcsik |first1=A. |last2=Marquis |first2=C. |year=2013 |title=Punctuated Generosity: How Mega-events and Natural Disasters Affect Corporate Philanthropy in U.S. Communities |journal=Administrative Science Quarterly |volume=58 |issue=1 |pages=111–148 |doi=10.1177/0001839213475800|s2cid=18481039 }}</ref> |
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As a result, the government then introduced what became the [[Extension of Charitable Purpose Act 2004]]. This Bill did not attempt to codify the definition of a charitable purpose; it merely sought to clarify that certain purposes were indeed charitable, whose charitable status had been subject to legal doubts. These purposes were: childcare; self-help groups; closed/contemplative religious orders.<ref>{{cite web| url=http://www.aph.gov.au/library/pubs/bd/2003-04/04bd164.pdf| title=Extension of Charitable Purpose Bill 2004 (Bills Digest, no. 164, 2003-04)| publisher=Department of Parliamentary Services| location=Australia| format=PDF| accessdate=2009-07-25}}</ref> |
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To meet the exempt organizational test requirements, a charity has to be exclusively organized and operated,<ref name="Reiling 1958 525–598"/> and to receive and pass the [[Tax exemption|exemption]] test, a charitable organization must follow the public interest and all exempt income should be for the public interest.<ref name="Reiling 1958 525–598"/> For example, in many countries of the [[Commonwealth of Nations|Commonwealth]], charitable organizations must demonstrate that they provide a [[public benefit]].<ref>Jonathan Garton (2013), ''Public Benefit in Charity Law'', OUP Oxford.</ref> |
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==Canada== |
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{{main|Canadian Charity Law}} |
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==History== |
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Charities in Canada must be registered with the Charities Directorate<ref>http://www.cra-arc.gc.ca/chrts-gvng/menu-eng.html</ref> of the Canada Revenue Agency. According to the Canada Revenue Agency:<ref>{{cite web| url=http://www.cra-arc.gc.ca/chrts-gvng/chrts/menu-eng.html| title=Registered charity| publisher=Canada Revenue Agency| accessdate=2009-07-25}}</ref> |
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{{Globalize|article|Anglophone|2name=[[English-speaking world|the English-speaking world]]|date=September 2018}} |
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=== Early systems === |
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Until the mid-18th century, charity was mainly distributed through religious structures (such as the [[Act for the Relief of the Poor 1601|English Poor Laws of 1601]]), [[almshouse]]s, and bequests from the rich. Christianity, Judaism, and Islam incorporated significant charitable elements from their very beginnings,<ref>Note, for example, Acts 2:44–45: "And all that believed were together, and had all things in common; And sold their possessions and goods, and parted them to all men, as every man had need." ''Zakāt'' (charity) ranks as one of the [[Five Pillars of Islam]].</ref> and ''dāna'' (alms-giving) has a long tradition in Hinduism, Jainism, Buddhism, and Sikhism. Charities provided education, health, housing, and even prisons. Almshouses were established throughout [[Europe]] in the [[Early Middle Ages]] to provide a place of residence for the poor, old, and distressed people; [[Athelstan of England|King Athelstan]] of England (reigned 924–939) founded the first recorded almshouse in [[York]] in the 10th century.<ref>{{Cite web |url=http://www.almshouses.org/history/historical-summary/ |title= The Almshouse Association: A Historical Summary |access-date= 2013-10-09 |archive-url=https://web.archive.org/web/20130825175919/http://www.almshouses.org/history/historical-summary/ |archive-date= 2013-08-25 |url-status= dead }}</ref> |
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===Enlightenment charity=== |
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[[File:Foundling Hospital.jpg|thumb|right|The [[Foundling Hospital]], whose building has been demolished]] |
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During the [[Enlightenment era]], charitable and [[philanthropy|philanthropic activity]] among [[voluntary association]]s and affluent benefactors became a widespread cultural practice. Societies, [[gentlemen's club]]s, and [[Mutual organization|mutual associations]] began to flourish in [[England]], with the upper classes increasingly adopting a philanthropic attitude toward the disadvantaged. In England, this new social activism led to the establishment of charitable organizations, which proliferated from the middle of the 18th century.<ref>{{Cite web|url=http://www.londonlives.org/enwiki/static/AssociationalCharities.jsp|title=Associational Charities|quote=Through the middle decades of the eighteenth century, a slew of new-style charities were created. They were directed at specific social problems (foundling children, prostitutes, venereal disease), funded by subscription, dependent on public support, and organized as associations of the living.}}</ref> |
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This emerging upper-class trend for benevolence resulted in the incorporation of the first charitable organizations. Appalled by the number of abandoned children living on the streets of [[London]], [[Captain (nautical)|Captain]] [[Thomas Coram]] set up the [[Foundling Hospital]] in 1741 to care for these unwanted orphans in Lamb's Conduit Fields, [[Bloomsbury]]. This institution, the world's first of its kind,<ref>{{Cite web|url=http://www.thedorsetpage.com/people/thomas_coram.htm|title=Thomas Coram (1688–1751)|access-date=2013-10-09|archive-url=https://web.archive.org/web/20161225110032/http://www.thedorsetpage.com/people/thomas_coram.htm|archive-date=2016-12-25|url-status=dead}}</ref> served as the precedent for incorporated associational charities in general.<ref>{{Cite web|url=http://www.victorianweb.org/history/orphanages/coram1.html|title=Captain Coram and the Foundling Hospital|quote=The result was the first children's charity in the country and one that 'set the pattern for incorporated associational charities' in general (McClure 248).}}</ref> |
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[[File:Charité - Antoine-Alexandre Morel.jpg|thumb|Painting by Antoine-Alexandre Morel (1765–1829) depicting charity during the Enlightenment era]] |
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Another notable philanthropist of the Enlightenment era, [[Jonas Hanway]], established [[The Marine Society]] in 1756 as the first seafarers' charity, aiming to aid the recruitment of men into the [[Royal Navy|navy]].<ref>[[N. A. M. Rodger]], ''The Command of the Ocean: A Naval History of Britain 1649–1815'' (New York: W.W. Norton & Company, 2004), 313.</ref> By 1763, the Society had enlisted over 10,000 men, and an [[Act of Parliament]] incorporated it in 1772. Hanway also played a key role in founding the [[Magdalen Hospital]] to rehabilitate [[prostitute]]s. These organizations were funded by subscriptions and operated as voluntary associations. They raised public awareness about their activities through the emerging popular press and generally enjoyed high social regard. Some charities received state recognition in the form of a [[royal charter]]. |
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Charities also began to take on campaigning roles, championing causes and lobbying the government for legislative changes. This included organized campaigns against the mistreatment of animals and children, as well as the successful campaign in the early 19th century to end the [[History of slavery|slave trade]] throughout the [[British Empire]] and its extensive sphere of influence.<ref>{{Cite journal|last=Luddy|first=Maria|date=1988-01-01|title=Women and charitable organizations in the nineteenth century Ireland|url=https://dx.doi.org/10.1016/0277-5395%2888%2990068-4|journal=Women's Studies International Forum|language=en|volume=11|issue=4|pages=301–305|doi=10.1016/0277-5395(88)90068-4|issn=0277-5395}}</ref> (However, this process was quite lengthy, concluding when [[slavery in Saudi Arabia]] was abolished slavery in 1962.) |
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The Enlightenment era also witnessed a growing philosophical debate between those advocating for state intervention and those believing that [[Private foundation|private charities]] should provide welfare. The political economist, Reverend [[Thomas Malthus]] (1766–1834), criticized [[poor relief]] for paupers on economic and moral grounds and proposed leaving charity entirely to the private sector.<ref>{{cite book|author=T. R. Malthus|title=Malthus: 'An Essay on the Principle of Population'|url=https://books.google.com/books?id=4EQTCHiFUBMC&pg=PR10|access-date=14 June 2013|date=28 August 1992|publisher=Cambridge University Press|isbn=978-0-521-42972-6|page=x}}</ref> His views became highly influential and informed the [[Victorian era|Victorian]] ''laissez-faire'' attitude toward state intervention for the poor. |
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===Growth during the 19th century=== |
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During the 19th century, a profusion of charitable organizations emerged to alleviate the awful conditions of the [[working class]] in the [[slums]]. The [[Labourer's Friend Society]], chaired by [[Lord Shaftesbury]] in the United Kingdom in 1830, aimed to improve working-class conditions. It promoted, for example, the allotment of land to laborers for "cottage husbandry", which later became the [[Allotment (gardening)|allotment]] movement. In 1844, it became the first [[Model Dwellings Company]] – one of a group of organizations that sought to improve the housing conditions of the working classes by building new homes for them, all the while receiving a competitive rate of return on any investment. This was one of the first [[housing associations]], a philanthropic endeavor that flourished in the second half of the nineteenth century, brought about by the growth of the [[middle class]]. Later associations included the [[Peabody Trust]] (originating in 1862) and the [[Guinness Trust]] (founded in 1890). The principle of philanthropic intention with [[Capitalism|capitalist]] return was given the label "five percent philanthropy".<ref name=Tarn>Tarn, J.N. (1973) Five Percent Philanthropy. London: CUP</ref> |
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[[File:Carnegie-1903.jpg|thumb|[[Andrew Carnegie]]'s philanthropy. ''[[Puck (magazine)|Puck]]'' magazine cartoon by [[Louis Dalrymple]], 1903.]] |
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There was strong growth in municipal charities. The Brougham Commission led to the [[Municipal Corporations Act 1835]], which reorganized multiple local charities by incorporating them into single entities under supervision from the [[local government]]. |
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Charities at the time, including the [[Charity Organization Society]] (established in 1869), tended to discriminate between the "deserving poor", who would be provided with suitable relief, and the "underserving" or "improvident poor", who was regarded as the cause of their woes due to their idleness. Charities tended to oppose the provision of welfare by the state, due to the perceived [[moral hazard|demoralizing effect]]. Although minimal state involvement was the dominant philosophy of the period, there was still significant government involvement in the form of statutory regulation and even limited funding.<ref>{{Cite web|url=http://stgeorgeintheeast.withtank.com/|title=st george-in-the-east – St George-in-the-East PCC – Charity Number 1133761|website=stgeorgeintheeast.withtank.com|access-date=2020-01-31}}</ref> |
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[[Philanthropy]] became a very fashionable activity among the expanding middle classes in Britain and America. [[Octavia Hill]] (1838–1912) and [[John Ruskin]] (1819–1900) were important forces behind the development of [[social housing]], and [[Andrew Carnegie]] (1835–1919) exemplified the large-scale philanthropy of the newly rich in industrialized America. In ''[[Gospel of Wealth]]'' (1889), Carnegie wrote about the responsibilities of great wealth and the importance of social justice. He established [[public library|public libraries]] throughout English-speaking countries<ref>{{Cite journal |jstor = 990662|title = 'The Utmost Amount of Effectiv [sic] Accommodation': Andrew Carnegie and the Reform of the American Library|journal = Journal of the Society of Architectural Historians|volume = 50|issue = 4|pages = 359–383|last1 = Van Slyck|first1 = Abigail A.|year = 1991|doi = 10.2307/990662|url=https://digitalcommons.conncoll.edu/cgi/viewcontent.cgi?article=1002&context=archfacpub|doi-access = free}}</ref> and contributed large sums to schools and universities.<ref>{{Cite web|url=https://www.medalofphilanthropy.org/andrew-carnegie/|title=Andrew Carnegie|website=Carnegie Medal of Philanthropy|language=en-US|access-date=2019-04-10}}</ref> A little over ten years after his retirement, Carnegie had given away over 90% of his fortune.<ref>{{Cite web|url=http://www.americaslibrary.gov/aa/carnegie/aa_carnegie_phil_3.html|title=Andrew Carnegie, Philanthropist|website=www.americaslibrary.gov|access-date=2020-01-31}}</ref> |
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Towards the end of the 19th century, with the advent of the [[New liberalism (ideology)|New Liberalism]] and the innovative work of [[Charles Booth (philanthropist)|Charles Booth]] in documenting working-class life in [[London]], attitudes towards poverty began to change. This led to the first [[social liberalism|social liberal]] [[welfare state|welfare reforms]], including the provision of [[Old Age Pensions Act 1908|old age pensions]]<ref name=static>{{cite web|url=http://booth.lse.ac.uk/enwiki/static/a/2.html#iv|title= Charles Booth (1840–1916) – a biography (Charles Booth Online Archive)|work= lse.ac.uk}}</ref> and free school-meals.<ref>{{cite web |
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|url=https://www.acevo.org.uk/Document.Doc?id=1227 |
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|title= Rediscovering Charity: Defining Our Role with the State |
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}}{{Dead link|date=November 2019 |bot=InternetArchiveBot |fix-attempted=yes }}</ref> |
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=== 20th century === |
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During the 20th century, charitable organizations such as [[Oxfam]] (established in 1947), [[Care International]], and [[Amnesty International]] expanded greatly, becoming large, multinational [[non-governmental organizations]] with very large budgets. |
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=== 21st century === |
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With the advent of the Internet, charitable organizations established a presence on online [[social media]] platforms and began initiatives such as cyber-based [[humanitarian Crowdfunding|humanitarian crowdfunding]], exemplified by platforms like [[GoFundMe]]. |
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==By jurisdiction== |
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==={{anchor}}Australia=== |
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The definition of charity in Australia is derived from English common law, originally from the [[The Charitable Uses Act 1601|Charitable Uses Act 1601]], and then through several centuries of case law based upon it. In 2002, the federal government initiated an inquiry into the definition of a charity. The inquiry proposed a statutory definition of a charity, based on the principles developed through case law. This led to the ''Charities Bill 2003'', which included limitations on the involvement of charities in political campaigning, an unwelcome departure from the case law as perceived by many charities. The government appointed a Board of Taxation inquiry to consult with charities on the bill. However, due to widespread criticism from charities, the government abandoned the bill. |
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Subsequently, the government introduced the ''Extension of Charitable Purpose Act 2004''. This act did not attempt to codify the definition of a charitable purpose but rather aimed to clarify that certain purposes were charitable, resolving legal doubts surrounding their charitable status. Among these purposes were childcare, self-help groups, and closed/contemplative religious orders.<ref>{{cite web|url=http://www.aph.gov.au/library/pubs/bd/2003-04/04bd164.pdf| title=Extension of Charitable Purpose Bill 2004 (Bills Digest, no. 164, 2003–04)| publisher=Department of Parliamentary Services| location=Australia| access-date=2009-07-25| url-status=dead| archive-url=https://web.archive.org/web/20090329054436/http://www.aph.gov.au/library/pubs/bd/2003-04/04bd164.pdf| archive-date=2009-03-29}}</ref> |
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To publicly raise funds, a charity in Australia must register in each Australian jurisdiction in which it intends to raise funds. For example, in Queensland, charities must register with the Queensland [[Office of Fair Trading]].<ref>{{cite web|url=http://www.fairtrading.qld.gov.au/charities.htm|title=Charities|publisher=Queensland Government – Office of Fair Trading|access-date=2011-11-06}}</ref> Additionally, any charity fundraising online must obtain approval from every Australian jurisdiction that mandates such approval. Currently, these jurisdictions include New South Wales, Queensland, Victoria, Tasmania, Western Australia, and the Australian Capital Territory. Numerous Australian charities have appealed to federal, state, and territory governments to establish uniform legislation enabling charities registered in one state or territory to raise funds in all other Australian jurisdictions. |
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The [[Australian Charities and Not-For-Profits Commission]] (ACNC) commenced operations in December 2012. It regulates approximately 56,000 [[non-profit organization]]s with [[Tax exemption|tax-exempt]] status, along with around 600,000 other NPOs in total, seeking to standardize state-based fund-raising laws.<ref>{{Cite web|url=https://licensing-publishing.nine.com.au/C.aspx?VP3=CMS3&VF=FXJO50_1|title=Fairfax Syndication Photo Print Sales and Content Licensing|website=licensing-publishing.nine.com.au|access-date=2020-01-31}}</ref> |
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A '''Public Benevolent Institution''' (PBI) is a specific type of charity with its primary purpose being to alleviate suffering in the community, whether due to poverty, sickness, or disability. Examples of institutions that might qualify include hospices, providers of subsidized housing, and certain not-for-profit aged care services.<ref>{{cite web | title=Is your organisation a public benevolent institution? | website=Australian Taxation Office | date=12 October 2016 |url=https://www.ato.gov.au/Non-profit/getting-started/in-detail/types-of-charities/is-your-organisation-a-public-benevolent-institution-/?default | access-date=21 October 2020}}</ref><ref>{{cite web|url=https://www.acnc.gov.au/for-charities/start-charity/before-you-start-charity/charity-subtypes|website=[[Australian Charities and Not-For-Profits Commission]]|title=Charity subtypes|date=28 March 2018| access-date=21 October 2020}}</ref> |
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===Canada=== |
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{{Main|Charitable organization (Canada)}} |
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Charities in Canada need to be registered with the Charities Directorate<ref>{{cite web|url=http://www.cra-arc.gc.ca/chrts-gvng/menu-eng.html|title=Charities and Giving|publisher=Canada Revenue Agency|access-date=2011-11-06}}</ref> of the [[Canada Revenue Agency]]. According to the Canada Revenue Agency:<ref>{{cite web|url=http://www.cra-arc.gc.ca/chrts-gvng/chrts/menu-eng.html| title=Registered Charity| publisher=Canada Revenue Agency| access-date=2009-07-25}}</ref> |
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<blockquote> |
<blockquote> |
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A registered charity is an organization established and operated for charitable purposes |
A registered charity is an organization established and operated for charitable purposes. It must devote its resources to charitable activities. The charity must be a resident in Canada and cannot use its income to benefit its members. |
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A charity also has to meet a public benefit test. To qualify under this test, an organization must show that: |
A charity also has to meet a public benefit test. To qualify under this test, an organization must show that: |
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* its activities and purposes provide a tangible benefit to the public |
* its activities and purposes provide a tangible benefit to the public. |
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* those |
* those eligible for benefits are either the public as a whole or a significant section of it. They should not be a restricted group or one where members share a private connection, such as social clubs or professional associations with specific memberships. |
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* the charity's activities must be legal and must not be contrary to public policy |
* the charity's activities must be legal and must not be contrary to public policy. |
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To register as a charity, the organization has to be either incorporated or governed by a legal document called a trust or a constitution. This document has to explain the organization's purposes and structure.</blockquote> |
To register as a charity, the organization has to be either incorporated or governed by a legal document called a trust or a constitution. This document has to explain the organization's purposes and structure.</blockquote> |
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== |
=== France === |
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Most French charities are registered under the statute of ''loi d'association de 1901,'' a type of legal entity for non-profit NGOs. This statute is extremely common in [[France]] for any type of group that wants to be institutionalized (sports clubs, book clubs, support groups...), as it is very easy to set up and requires very little documentation. However, for an organization under the statute of ''loi 1901'' to be considered a charity, it has to file with the authorities to come under the label of ''"association d'utilité publique",'' which means "NGO acting for the public interest". This label gives the NGO some tax exemptions.{{citation needed|date=June 2020}} |
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=== England and Wales === |
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==== Definition of charitable organization ==== |
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===Hungary=== |
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A charity, or charitable organization, in England and Wales is a particular type of voluntary organization.<ref>{{cite web| url=http://www.charityfacts.org/charity_facts/index.html| title= Charity Facts| accessdate=2008-08-18}}</ref> A voluntary organization is an organization set up for charitable, social, philanthropic or other purposes.<ref>{{cite web| url=http://www.institute-of-fundraising.org.uk| title= Institute of Fundraising What is a charity or voluntary organization| accessdate=2008-08-18}}</ref> It is required to use any profit or surplus only for the organization's purposes, and it is not a part of any governing department, local authority or other statutory body.<ref>{{cite web| url=http://www.ncvo-vol.org.uk/about| title=NCVO Voluntary organization definition| accessdate=2008-08-23}}</ref> All charities are voluntary organizations, but not all voluntary organizations in England and Wales are charities. |
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In [[Hungary]], charitable organizations are referred to as "public-benefit organizations" ({{langx|hu|közhasznú szervezet}}). The term was introduced on 1 January 1997 through the [[Act of Parliament|Act]] on Public Benefit Organizations.<ref>{{cite web|url=http://www.complex.hu/kzldat/t9700156.htm/t9700156_0.htm|title=1997. évi CLVI. törvény a közhasznú szervezetekről1}}</ref> |
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===India=== |
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For a voluntary organization to be a charitable organization or charity, its overall goals, sometimes called the “purposes” of the organization, must be charitable. All the purposes of the organization must be charitable, as a charity cannot have some purposes which are charitable and some which are not.<ref>{{cite web|url=http://www.charitycommission.gov.uk/registration/faqpage.asp#2| accessdate=2008-08-20| title=Charity Commission for England and Wales}}</ref> The [[Charities Act 2006]] provides the following list of charitable purposes.<ref>{{cite web| url=http://www.opsi.gov.uk/acts/acts2006/ukpga_20060050_en_1| accessdate=2008-08-20| title=Charities Act 2006}}</ref> |
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Under Indian law, legal entities such as charitable organizations, corporations, and managing bodies have been given the status of "[[Legal person#India|legal persons]]" with legal rights, such as the right to sue and be sued, and the right to own and transfer property.<ref name=IndiaLaw>[https://qz.com/india/1636326/who-apart-from-human-beings-are-legal-persons-in-india/ Birds to holy rivers: A list of everything India considers "legal persons"], [[Quartz (publication)]], September 2019. {{Webarchive|url=https://web.archive.org/web/20191109082418/https://qz.com/india/1636326/who-apart-from-human-beings-are-legal-persons-in-india/ |date=2019-11-09 }}</ref> Indian charitable organizations with this status include [[Sir Ratan Tata Trust]]. |
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===Ireland=== |
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#the prevention or relief of [[poverty]] |
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In Ireland, the Charities Act (2009) legislated the establishment of a "Charities Regulatory Authority", and the [[Charities Regulator]] was subsequently created via a ministerial order in 2014.<ref>{{cite act|date=2009|url=http://www.irishstatutebook.ie/eli/2009/act/6/enacted/en/print#|language=en|article=13|type=Act of the Oireachtas|index=6|article-type=section|legislature=[[Oireachtas Éireann]] (Parliament of Ireland)|title=Charities Act 2009}}</ref><ref>{{cite act|type=Statutory Instrument|url=http://www.irishstatutebook.ie/eli/2014/si/456/made/en/print|index=456|language=en|date=2014|title=Charities Act 2009 (Establishment Day) Order 2014|legislature=[[Minister for Justice (Ireland)|Minister for Justice and Equality]]}}</ref> This was the first legal framework for charity registration in Ireland. The Charities Regulator maintains a database of organizations that have been granted charitable tax exemption—a list previously maintained by the [[Revenue Commissioners]].<ref>{{cite news|title=Charities and other Approved Bodies in Ireland under the Taxes Consolidation Act|publisher=Revenue Ireland|date=May 8, 2012|url=http://www.revenue.ie/en/business/authorised-charities.html|url-status=dead|archive-url=https://web.archive.org/web/20120601040526/http://www.revenue.ie/en/business/authorised-charities.html|archive-date=June 1, 2012}}</ref> Such organizations would have a CHY number from the Revenue Commissioners, a CRO number from the [[Companies Registration Office (Ireland)|Companies Registration Office]], and a charity number from the Charities Regulator. |
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#the advancement of [[education]] |
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#the advancement of [[religion]] |
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#the advancement of health or the saving of lives |
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#the advancement of citizenship or community development |
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#the advancement of the arts, culture, heritage or science |
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#the advancement of amateur sport |
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#the advancement of [[human rights]], conflict resolution or reconciliation or the promotion of religious or racial harmony or equality and diversity |
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#the advancement of environmental protection or improvement |
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#the relief of those in need, by reason of youth, age, ill-health, disability, financial hardship or other disadvantage |
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#the advancement of animal welfare |
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#the promotion of the efficiency of the armed forces of the Crown or of the police, fire and rescue services or ambulance services |
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#other purposes currently recognised as charitable and any new charitable purposes which are similar to another charitable purpose. |
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The Irish Nonprofits Database was created by Irish Nonprofits Knowledge Exchange (INKEx) to serve as a repository for regulatory and voluntarily disclosed information about Irish public benefit nonprofits.{{citation needed|date=May 2021}} |
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A charity must also provide a public benefit.<ref>{{cite web|url=http://www.charitycommission.gov.uk/Charity_requirements_guidance/Charity_essentials/Public_benefit/default.aspx |accessdate=2010-08-24|title=Charities Commission: Charities and Public Benefit }}</ref> |
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===Nigeria=== |
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Charitable organizations in Nigeria are registerable under "Part C" of the [[Companies and Allied Matters Act, 2020]]. Under the law, the [[Corporate Affairs Commission, Nigeria]], being the official Nigerian Corporate Registry, is empowered to maintain and regulate the formation, operation, and dissolution of charitable organizations in Nigeria.<ref>{{cite web |title=Registration of Incorporated Trustees in Nigeria |url=https://www.cac.gov.ng/incorporated-trustees/ |website=Corporate Affairs Commission, Nigeria |access-date=21 July 2021}}</ref> Charitable organizations in Nigeria are exempted under §25(c) of the [[Companies Income Tax Act]] (CITA) Cap. C21 LFN 2004 (as amended), which exempts from income tax corporate organizations engaged wholly in ecclesiastical, charitable, or educational activities.<ref>{{Cite web|url=https://www.proshareng.com/news/Nigeria-Economy/GUIDELINES-ON-THE-TAX-EXEMPTION-STATUS-OF-(2)/14285|title=Guidelines-On-The-Tax-Exemption-Status-Of (2)}}</ref> Similarly, §3 of the [[Value Added Tax Act]] (VATA) Cap. V1 LFN 2004 (as amended), and the 1st Schedule to the VATA on exempted Goods and Services goods zero-rates goods and services purchased by any ecclesiastical, charitable, or educational institutions in furtherance of their charitable mandates. |
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=== Poland === |
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Legally, all charities must also comply with: |
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A public benefit organization ({{langx|pl|organizacja pożytku publicznego}}, often abbreviated as OPP) is a term used in [[Polish law]]. It was introduced on 1 January 2004 by the statute on [[Public good (economics)|public good]] activity and [[volunteering]]. Charitable organizations of public good are allowed to receive 1.5% of [[income tax]] from individuals, making them "tax-deductible organizations". To receive such status, an organization has to be a [[non-governmental organization]], with political parties and trade unions not qualifying. The organization must also be involved in specific activities related to the public good as described by the law, and it should demonstrate sufficient transparency in its activities, governance, and finances. Moreover, data has shown that this evidence is pertinent and sensible. |
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Polish charitable organizations with this status include [[Związek Harcerstwa Polskiego]], the [[Great Orchestra of Christmas Charity]], [[KARTA Center]], the [[Institute of Public Affairs, Poland|Institute of Public Affairs]], the [[Silesian Fantasy Club]], the [[Polish Historical Society (Polish)|Polish Historical Society]], and the Polish chapter of the [[Wikimedia Foundation]]. |
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#the Charities Acts 1992 (Part III), 1993, 2006: trustees of smaller organisations 2006 Act (the Office of the Third Sector) |
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#the Trustees Acts 1925, 2000: the most recent Act concerns the powers of trustees regarding investments and delegation. |
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#Charity Commission regulation: requires compliance (depending on annual income) on the submission of annual returns, reports and accounts |
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#the Statement of Recommended Practice (SORP) 2005: published by the Charity Commission, regarding published annual reports |
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#laws on trading, political activities and fundraising |
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#regulation covering people who are disbarred from acting as trustees under the Charities Act 1993 or your Memorandum and Articles.<ref>{{cite web|url=http://www.knowhownonprofit.org/organisation/operations/legal/charitylaw |accessdate=2010-07-21|title=Charity Law }}</ref> |
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===Singapore=== |
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The legal framework in [[Singapore]] is regulated by the Singapore Charities Act (Chapter 37).<ref>{{cite web|website=Singapore Statutes Online|title=Charities Act|url=https://sso.agc.gov.sg/Act/CA1994|date=31 October 2007}}</ref> Charities in Singapore must be registered with the Charities Directorate of the [[Ministry of Community Development, Youth and Sports]].<ref>{{cite web|title=Ministry of Culture, Community and Youth|url=https://www.charities.gov.sg/|access-date=25 July 2015}}</ref> One can also [[List of voluntary welfare organisations in Singapore|find specific organizations]] that are members of the [[National Council of Social Service]] (NCSS), which is operated by the [[Ministry of Social and Family Development]]. |
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=== Ukraine === |
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Before the Charities Act 2006 the definition of charity arose from a list of charitable purposes in the Charitable Uses Act 1601 (also known as the Statute of Elizabeth), which had been interpreted and expanded into a considerable body of case law. In ''Commissioners for Special Purposes of Income Tax v Pemsel'' (1891), Lord McNaughten identified four categories of charity which could be extracted from the Charitable Uses Act and which were the accepted definition of charity prior to the Charities Act 2006. |
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The legislation governing charitable activities and the process of obtaining charitable organization status is regulated by Ukraine's Civil Code and the Law of Ukraine on Charitable Activities and Charitable Organizations. |
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# the relief of [[poverty]], |
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# the advancement of [[education]], |
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# the advancement of [[religion]], and |
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# other purposes considered beneficial to the community. |
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According to Ukrainian law, there are three forms of charitable organizations: |
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==== Charitable organization structure ==== |
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* A "charitable society" is a charitable organization created by at least two founders and operates based on the charter or statute. |
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In 2008 there are a number of types of legal structure for a charity in England and Wales. |
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* A "charitable institution" is a type of charitable trust that acts based on the constituent or founding act. This charitable organization's founding act defines the assets that one or several founders transfer to achieve the goals of charitable activity, along with any income from such assets. A constituent act of a charitable institution may be contained in a will or testament. The founder or founders of the charitable institution do not participate in the management of such a charitable organization. |
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* A "charitable fund" or "charitable foundation" is a charitable organization that operates based on the charter, has participants or members, and is managed by them. Participants or members are not obliged to transfer any assets to such an organization to achieve the goals of charitable activity. A charitable foundation can be created by one or several founders. The assets of a charitable fund can be formed by participants and/or other benefactors.{{Citation needed|date=April 2019}} |
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The [[Ministry of Justice of Ukraine]] is the main registration authority for charitable organization registration and constitution.<ref>{{Cite web|url=http://en.clc.co.ua/charitable-organization/|title=Legislation on charitable organization in Ukraine|last=Thor|first=Anatoliy}}</ref> Individuals and legal entities, except for public authorities and [[local government]]s, can be the founders of charitable organizations. Charitable societies and charitable foundations may have, in addition to founders, other participants who have joined them as prescribed by the charters of such charitable associations or charitable foundations. [[Alien (law)|Aliens]] (non-Ukrainian citizens and legal entities, corporations, or non-governmental organizations) can be the founders and members of philanthropic organizations in Ukraine. |
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#Unincorporated association |
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#Trust |
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#Company limited by guarantee |
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#Another incorporation, such as by Royal Charter |
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All funds received by a charitable organization and used for charitable purposes are exempt from taxation, but obtaining non-profit status from the tax authority is necessary. |
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The [[unincorporated association]] is the most common form of organization within the voluntary sector in England and Wales.<ref>{{cite web|url=http://www.seniorsnetwork.co.uk/constitution/unincorporated.htm/|accessdate=2008-08-24|title=Seniors Network - Unincorporated Association}} {{Dead link|date=September 2010|bot=H3llBot}}</ref> An unincorporated association is essentially a contractual arrangement between individuals who have agreed to come together to form an organization for a particular purpose. An unincorporated association will normally have as its governing document, a constitution or set of rules, which will deal with such matters as the appointment of office bearers, and the rules governing membership. The organization is not though a separate legal entity. So it cannot start legal action, it cannot borrow money, and it cannot enter into contracts in its own name. Also the officers can be personally liable if the charity is sued or has debts.<ref>{{cite web|url=http://www.ncvo-vol.org.uk/askncvo/index.asp?id=107/|accessdate=2008-08-24|title=NCVO - Legal structures for voluntary organisations}} {{Dead link|date=September 2010|bot=H3llBot}}</ref> |
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Legalization is required for international charitable funds to operate in Ukraine.{{Clarify|reason=|date=April 2019}} |
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A [[Trust law|Trust]] is essentially a relationship between three parties, the donor of some assets, the trustees who hold the assets and the beneficiaries (those people who are eligible to benefit from the charity). When the trust has charitable purposes, and is a charity, the trust is known as a charitable trust. The governing document is the Trust Deed or Declaration of Trust, which comes into operation once it is signed by all the trustees. The main disadvantage of a trust is that, as with an unincorporated association, it does not have a separate legal entity and the trustees must themselves own property and enter into contracts. The trustees are also liable if the charity is sued or incurs liability. |
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===United Kingdom=== |
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A company limited by guarantee is a private limited company where the liability of members is limited. A guarantee company does not have a share capital, but instead has members who are guarantors instead of shareholders. In the event of the company being wound up the members agree to pay a nominal sum which can be as little as £1. A company limited by guarantee is a useful structure for a charity where it is desirable for the Trustees to have the protection of limited liability. Also, the charity has a clear legal identity, and so can enter into contracts, such as employment contracts in its own name.<ref>{{cite web|url=http://www.sfsgo.com/guaranteecompany.asp/|accessdate=2008-08-24|title=Guarantee Company - Not for Profit Companies - Charities}} {{Dead link|date=September 2010|bot=H3llBot}}</ref> |
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Charity law in the UK varies among (i) [[England]] and [[Wales]], (ii) [[Scotland]] and (iii) [[Northern Ireland]], but the fundamental principles are the same. Most organizations that are charities are required to be registered with the appropriate regulator for their jurisdiction, but significant exceptions apply so that many organizations are ''bona fide'' charities but do not appear on a public register.<ref>{{cite web|url=https://www.ncvo.org.uk/help-and-guidance/setting-up/understanding-charity-status-and-registration/#/registering-with-the-charity-commission|title=Understanding charity status and registration|at=Registering with the Charity Commission|website=National Council for Voluntary Organisations|access-date=22 February 2023}}</ref> The registers are maintained by the [[Charity Commission for England and Wales]] and by the [[Office of the Scottish Charity Regulator]] for Scotland. The [[Charity Commission for Northern Ireland]] maintains a register of charities that have completed formal registration (see below). Organizations applying must meet the specific legal requirements summarized below, have filing requirements with their regulator, and are subject to inspection or other forms of review. The oldest charity in the UK is [[The King's School, Canterbury]], established in 597 AD.<ref>{{cite web |url=https://www.publications.parliament.uk/pa/cm201314/cmselect/cmpubadm/76/7605.htm |title=Background to the Charities Act 2006 |publisher=[[House of Commons]] |access-date=18 February 2017}}</ref> |
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Charitable organizations, including charitable trusts, are eligible for a complex set of reliefs and exemptions from taxation in the UK. These include reliefs and exemptions in relation to [[income tax]], [[Capital gains tax in the United Kingdom|capital gains tax]], [[Inheritance tax in the United Kingdom|inheritance tax]], [[stamp duty land tax]], and [[Value-added tax in the United Kingdom|value added tax]]. These tax exemptions have led to criticisms that private schools are able to use charitable status as a [[tax avoidance]] technique rather than offering a genuine charitable good.<ref>{{cite news|last=Sparrow|first=Andrew|title=Labour could strip private schools of charitable status, says Stephen Twigg|url=https://www.theguardian.com/education/2012/jul/19/twigg-private-schools-lose-charitable-status|newspaper=[[The Guardian]]|date=19 July 2012}}</ref> |
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A small number of charities are incorporated by [[Royal Charter]], a document which creates a corporation with legal personality (or, in some instances, transforms a charity incorporated as a company into a charity incorporated by Royal Charter). The Charter must be approved by the [[Privy Council]] before receiving Royal Assent. Although the nature of the charity will vary depending on the clauses enacted, generally a Royal Chartered will offer a charity the same limited liability as a company and the ability to enter into contracts. |
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The [[Transparency of Lobbying, Non-party Campaigning and Trade Union Administration Act 2014]] subjects charities to regulation by the [[Electoral Commission (United Kingdom)|Electoral Commission]] in the run-up to a general election.<ref>{{Cite news |last1=Harvey |first1=Fiona |author-link=Fiona Harvey |last2=Asthana |first2=Anushka |date=2017-06-06 |title='Chilling' Lobbying Act stifles democracy, charities tell party chiefs |url=https://www.theguardian.com/politics/2017/jun/06/chilling-lobbying-act-stifles-democracy-write-charities-party-chiefs |access-date=2020-01-31 |work=The Guardian |language=en-GB |issn=0261-3077}}</ref> |
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The Charities Act 2006 introduced a new legal form of incorporation designed specifically for charities, the Charitable Incorporated Organisation. This is not yet available for charities to use.<ref>{{cite web|url=http://www.charitycommission.gov.uk/registration/charcio.asp |accessdate=2008-08-21|title=Charitable Incorporated Organisation (CIO)}}</ref> |
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====England and Wales==== |
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The word Foundation is not generally used in England and Wales. Occasionally a charity will use the word Foundation as part of its name e.g. [[British Heart Foundation]], but this has no legal significance and does not provide any information about either the work of the charity or how it is legally structured. The structure of the organization will be one of the three types of structure described above. |
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==== |
=====Definition===== |
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Section 1 of the [[Charities Act 2011]] provides the definition in England and Wales: |
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Charitable organizations that have an income of more than £5,000, and for whom the law of England and Wales applies, must register with the [[Charity Commission|Charity Commission for England and Wales]]. For companies, the law of England and Wales will normally apply if the company itself is registered in England and Wales. In other cases if the governing document does not make it clear, the law which applies will be the country with which the organization is most connected.<ref>{{cite web|url=http://www.charitycommission.gov.uk/publications/cc21.asp|accessdate=2008-08-21|title=Registering as a Charity}}</ref> |
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:(1) For the purposes of the law of England and Wales, "charity" means an institution which— |
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Where an organization's income does not exceed £5,000 it is not able to register as a charity with the [[Charity Commission|Charity Commission for England and Wales]]. It can, however, register as a charity with [[HM Revenue and Customs]] for Tax purposes only. With the rise in mandatory registration level, to £5,000 by The Charities Act 2006, smaller charities can be reliant upon [[HM Revenue and Customs|HMRC]] recognition to evidence their charitable purpose and confirm their not-for-profit principles.<ref>[http://www.hmrc.gov.uk/charities/tax/recognition.htm Applying to HMRC for recognition as a charity for tax purposes]</ref> |
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:(a) is established for charitable purposes only, and |
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:(b) falls to be subject to the control of the High Court in the exercise of its jurisdiction with respect to charities. |
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The [[Charities Act 2011]] provides the following list of charitable purposes:<ref>{{cite web|url=http://www.legislation.gov.uk/ukpga/2011/25/contents|title=Charities Act 2011|work=legislation.gov.uk}}</ref> |
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Some charities which are called [[Exempt charity|exempt charities]] are not required to register with the Charity Commission and are not subject to any of the Charity Commission's supervisory powers. These charities include most universities and national museums and some other educational institutions. Other charities are excepted from the need to register, but are still subject to the supervision of the Charity Commission. The regulations on excepted charities have however been changed by the Charities Act 2006. Many excepted charities are religious charities.<ref>{{cite web|url=http://www.llw.co.uk/charity_act.htm |accessdate=2008-08-21|title=Charity Act 2006}}</ref> |
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# the prevention or [[poverty reduction|relief of poverty]] |
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=== Northern Ireland === |
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# the advancement of [[education]] |
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Charities in [[Northern Ireland]] are registered with the UK [[HM Revenue and Customs]]. The '''Charity Commission for Northern Ireland''' <ref>www.charitycommissionni.org.uk</ref> has now been established and has received the names and details of over 7,000 organisations that have previously been granted charitable status for tax purposes. The entering of these organisations onto a new and temporary list under the heading of “'''Organisations that have previously been known as charities'''” is continuing. This list is not the new register, but will be made publicly available on the CCNI website. |
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# the advancement of [[religion]] |
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# the advancement of health or the saving of lives |
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# the advancement of citizenship or community development |
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# the advancement of the arts, culture, heritage or science |
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# the advancement of amateur sport |
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# the advancement of [[human rights]], [[conflict resolution]] or reconciliation or the promotion of religious or racial harmony or equality and diversity |
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# the advancement of [[environmental protection]] or improvement |
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# the relief of those in need, by reason of youth, age, ill-health, disability, financial hardship or other disadvantage |
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# the advancement of [[animal welfare]] |
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# the promotion of the efficiency of the armed forces of the Crown or of the police, fire and rescue services or ambulance services |
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# other purposes currently recognized as charitable and any new charitable purposes which are similar to another charitable purpose. |
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A charity must also provide a public benefit.<ref>{{cite web|url=http://www.charitycommission.gov.uk/Charity_requirements_guidance/Charity_essentials/Public_benefit/default.aspx |access-date=2010-08-24|title=Charity Commission: Charities and Public Benefit }}</ref> |
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=== Scotland === |
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The 20,000 or so charities in [[Scotland]] are registered with the [[Office of the Scottish Charity Regulator]] (OSCR), which also publishes a Register of charities online. Scotland has the highest number of charities per capita in the world.{{Citation needed|date=July 2009}} |
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Before the [[Charities Act 2006]], which introduced the definition now contained in the 2011 Act, the definition of charity arose from a list of charitable purposes in the [[Charitable Uses Act 1601]] (also known as the Statute of Elizabeth), which had been interpreted and expanded into a considerable body of case law. In ''Commissioners for Special Purposes of Income Tax v. Pemsel'' (1891), Lord McNaughten identified four categories of charity which could be extracted from the Charitable Uses Act and which were the accepted definition of charity prior to the [[Charities Act 2006]]: |
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=== Taxation of Charities === |
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# the relief of [[poverty]], |
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# the advancement of [[education]], |
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# the advancement of [[religion]], and |
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# other purposes considered beneficial to the community. |
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Charities in England and Wales—such as Age UK, the Royal Society for the Protection of Birds ([[RSPB]])<ref>{{Cite web|url=https://www.rspb.org.uk/|title=The RSPB Wildlife Charity: Nature Reserves & Wildlife Conservation|website=The RSPB|language=en-GB|access-date=2020-01-31}}</ref> and the Royal Society for the Prevention of Cruelty to Animals ([[RSPCA]])<ref>{{cite web|url=http://www.rspca.org.uk|title=Royal Society for the Prevention of Cruelty to Animals – RSPCA|website=RSPCA.org.uk|access-date=11 June 2017|archive-url=https://web.archive.org/web/20080712150501/http://www.rspca.org.uk/|archive-date=12 July 2008|url-status=dead}}</ref> – must comply with the 2011 Act regulating matters such as charity reports and accounts and fundraising. |
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Charitable organisations, including charitable trusts, are eligible for a complex set of reliefs and exemptions from taxation in the UK. These include reliefs and exemptions in relation to income tax, capital gains tax, inheritance tax, stamp duty land tax and value added tax. |
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=====Structures===== |
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== United States == |
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{{As of|2011}}, there are several types of legal structures for a charity in England and Wales: |
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In the [[United States]] a charitable organization is an organization that is organized and operated for purposes that are beneficial to the [[public interest]],<ref name="IRS document P557">{{cite web|url=http://www.irs.gov/pub/irs-pdf/p557.pdf |title= IRS document P557|accessdate=2008-08-27}}</ref> however a distinction is made between types of charitable organizations. |
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* Unincorporated association |
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* Trust |
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* [[Company limited by guarantee]] |
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* Another incorporation, such as by royal charter |
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* [[Charitable incorporated organization]] |
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The [[unincorporated association]] is the most common form of organization within the voluntary sector in England and Wales.<ref>{{cite web|url=http://www.seniorsnetwork.co.uk/constitution/unincorporated.htm/ |access-date=2008-08-24 |title=Seniors Network – Unincorporated Association |url-status=dead |archive-url=https://web.archive.org/web/20080423014307/http://www.seniorsnetwork.co.uk/constitution/unincorporated.htm |archive-date=April 23, 2008 }}</ref> This is essentially a contractual arrangement between individuals who have agreed to come together to form an organization for a particular purpose. An unincorporated association will normally have a constitution or set of rules as its governing document, which will deal with matters such as the appointment of office bearers and the rules governing membership. The organization is not, however, a separate legal entity, so it cannot initiate legal action, borrow money, or enter into contracts in its own name. Its officers can be personally liable if the charity is sued or has debts.<ref>{{cite web |url=http://www.ncvo-vol.org.uk/askncvo/index.asp?id=107/ |access-date=2008-08-24 |title=NCVO – Legal structures for voluntary organizations |url-status=dead |archive-url=https://web.archive.org/web/20090206100622/http://www.ncvo-vol.org.uk/askncvo/index.asp?id=107%2F |archive-date=February 6, 2009 }}</ref> |
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Every U.S. and foreign charity that qualifies as [[tax-exempt]] under Section [[501(c)(3)]] of the [[Internal Revenue Code]] is considered a "[[private foundation]]" ''unless'' it demonstrates to the [[Internal Revenue Service|IRS]] that it falls into another category. In a general sense, any organization that is not a private foundation (i.e. it qualifies as something else) is usually a public charity as described in Section 509(a) of the Internal Revenue Code.<ref name=fdncenFAQ>FoundationCenter.org, [http://foundationcenter.org/getstarted/faqs/html/pfandpc.html What is the difference between a private foundation and a public charity?], accessed 2009-06-20</ref> |
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A [[trust (law)|trust]] is essentially a relationship among three parties: the donor of some assets, the trustees who hold the assets, and the beneficiaries (those eligible to benefit from the charity). When the trust has charitable purposes and is a charity, the trust is known as a charitable trust. The governing document is the trust deed or declaration of trust, which comes into operation once signed by all the trustees. The main disadvantage of a trust is that, like an unincorporated association, it lacks a separate legal entity, and the trustees must themselves own property and enter into contracts. The trustees are also liable if the charity is sued or incurs liability. |
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In addition, a [[private foundation]] usually derives its principal fund from an individual, family, corporation, or some other single source and is more often than not a [[grantmaker]] and does not solicit funds from the public. In contrast, a [[Foundation (nonprofit organization)|foundation]] or public charity generally receives grants from individuals, government, and private foundations and although some public charities engage in [[grantmaking]] activities, most conduct direct service or other tax-exempt activities. |
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A company limited by guarantee is a private limited company where members' liability is limited. A guarantee company does not have a share capital, but instead has members who are guarantors rather than shareholders. If the company is wound up, the members agree to pay a nominal sum, which can be as little as £1. A company limited by guarantee is a useful structure for a charity where trustees need limited liability protection. Moreover, the charity has legal personality and can enter into contracts, such as employment contracts, in its own name.<ref>{{cite web|url=http://www.sfsgo.com/guaranteecompany.asp/ |access-date=2008-08-24 |title=Guarantee Company – Not for Profit Companies – Charities |url-status=dead |archive-url=https://web.archive.org/web/20080915081559/http://www.sfsgo.com/guaranteecompany.asp |archive-date=September 15, 2008 }}</ref> |
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This leads to another distinction: Foundations that are generally grantmakers (i.e. they use their [[Financial endowment|endowment]] to make grants to other organizations, which in turn carry out the goals of the foundation indirectly) are usually referred to as "grantmaker" or "non-operating" foundations. These of course tend to be private foundations. Some private foundations however, (and most public charities) use their received funds to directly engage in service activities themselves and achieve their goals "personally," so-to-speak. |
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A small number of charities are incorporated by [[royal charter]], a document that creates a corporation with legal personality (or, in some cases, transforms a charity incorporated as a company into a charity incorporated by royal charter). The charter must be approved by the [[Privy Council of the United Kingdom|Privy Council]] before receiving royal assent. While the nature of the charity will vary depending on the clauses enacted, a royal charter generally offers a charity the same limited liability as a company and the ability to enter into contracts. |
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Examples of a non-operating private foundation would be the [[Rockefeller Foundation]] and the [[Bill & Melinda Gates Foundation]]. |
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The [[Charities Act 2006]] introduced a new legal form of incorporation designed specifically for charities—the [[charitable incorporated organization]] (CIO)—with powers similar to a company but without the need to register as a company. Becoming a CIO was only made possible in 2013, with staggered introduction dates, with the charities with the highest turnover eligible first. |
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Examples of operating foundations or public charities include the [[Elizabeth Glaser Pediatric AIDS Foundation]], [[American Cancer Society|American Cancer Society, Inc.]], and the [[World Wildlife Fund]]. |
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The term ''foundation'' is not commonly used in England and Wales. Occasionally, a charity will use the word as part of its name (e.g., [[British Heart Foundation]]), but this has no legal significance and provides no information about the charity's work or legal structure. The organization's structure will fall into one of the types described above. |
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The requirements and procedures for forming charitable organizations vary from state to state, as do the registration and filing requirements for charitable organizations that conduct charitable activities or solicit charitable contributions.<ref>{{cite web|url=http://www.nasconet.org |title=NASCO National Association of State Charity Officials|accessdate=2008-08-27}}</ref> So effectively in practice the detailed definition of charitable organization is determined by the requirements of state law of the state in which the charitable organization operates, and the requirements for federal tax relief set by the IRS. |
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=====Registration===== |
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Many prospect research companies exist that help organizations with their fund raising efforts. [[DonorSearch]], a philanthropy-based company, collects giving history and provides one of the most varied array of database sources at researchers' use. |
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Charitable organizations with an income of over £5,000 and subject to the law of England and Wales must register with the [[Charity Commission for England and Wales]], unless they are an "exempt" or "excepted" charity.<ref>{{cite web|url=https://www.gov.uk/government/publications/exempt-charities-cc23|title=Exempt charities (CC23)|work=www.gov.uk |date = 1 September 2013}}</ref><ref>{{cite web|url=https://www.gov.uk/government/publications/excepted-charities|title=Excepted charities|work=www.gov.uk|date = 11 June 2014}}</ref> For companies, the law of England and Wales will usually apply if the company itself is registered in England and Wales. In other cases, if the governing document doesn't specify, the law that applies will be the one most connected with the organization.<ref>{{cite web |url=https://www.gov.uk/guidance/how-to-set-up-a-charity-cc21a|date = 4 November 2014 |title= How to set up a charity (CC21a)|website = GOV.UK }}</ref> |
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When an organization's income doesn't exceed £5,000, it can't register as a charity with the Charity Commission for England and Wales, unless registered as a Charitable Incorporated Organisation, in which case there is no minimum annual income.<ref>{{cite web|url=https://www.gov.uk/setting-up-charity/register-your-charity|title=Charity registration|work=gov.uk}}</ref> With the increase in the mandatory registration level to £5,000 by The [[Charities Act 2006]], smaller charities can rely on HMRC recognition to demonstrate their charitable purpose and confirm their not-for-profit principles.<ref>{{cite web|url=http://www.hmrc.gov.uk/charities/tax/recognition.htm|title=Charities and tax|work=hmrc.gov.uk}}</ref> |
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=== Federal tax relief === |
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Federal tax law provides tax benefits to non profit organizations recognized as exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code (IRC). The benefits of 501(c)(3) status include exemption from federal income tax as well as eligibility to receive tax deductible charitable contributions. To qualify for 501(c)(3) status most organizations must apply to the Internal Revenue Service (IRS) for such status.<ref>{{cite web|url=http://www.irs.gov/pub/irs-pdf/p4220.pdf |title=IRS document P4220|accessdate=2008-08-27}}</ref> |
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Churches with an annual income of less than £100,000 need not register.<ref>{{Cite web|date=2013-11-24|title=Nonprofit Law in England & Wales|url=https://www.cof.org/content/nonprofit-law-england-wales|access-date=2020-07-21|website=Council on Foundations|language=en}}</ref> |
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There are several requirements that must be met for a charitable organization to obtain 501(c)(3) status. These include the organization being organized as a corporation, trust, or unincorporated association, and the organization’s organizing document (such as the articles of incorporation, trust documents, or articles of association) must limit its purposes to being charitable, and permanently dedicate its assets to charitable purposes. The organization must refrain from undertaking a number of other activities such as participating in the political campaigns of candidates for local, state or federal office, and must ensure that its earnings do not benefit any individual.<ref name="IRS document P557"/> |
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Some charities, referred to as [[Exempt charity|exempt charities]], aren't required to register with the Charity Commission and aren't subject to its supervisory powers. These charities include most universities and national museums, as well as some other educational institutions. Other charities are excepted from the need to register but are still subject to the supervision of the Charity Commission. The regulations on excepted charities were changed by the [[Charities Act 2006]]. Many excepted charities are religious charities.<ref>{{cite web|url=http://www.llw.co.uk/charity_act.htm|archive-url=https://web.archive.org/web/20070522013324/http://www.llw.co.uk/charity_act.htm|url-status=dead|archive-date=2007-05-22|access-date=2008-08-21|title=Charity Act 2006}}</ref> |
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The types of charitable organization that are considered by the IRS to be organized for the public benefit include those that are organized for: |
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====Northern Ireland==== |
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# Relief of the poor, the distressed, or the underprivileged, |
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The [[Charity Commission for Northern Ireland]] was established in 2009<ref>{{cite web|title=Our status|year=2010|publisher=The Charity Commission for Northern Ireland |url=http://www.charitycommissionni.org.uk/about-us/about-the-charity-commission/our-status/ |access-date=25 July 2017}}</ref> and has received the names and details of over 7,000 organizations in Northern Ireland that have previously been granted charitable status for tax purposes (the "deemed list"). Compulsory registration of organizations from the deemed list began in December 2013, and it is expected to take three to four years to complete.<ref>{{cite web|url=http://www.charitycommissionni.org.uk/manage-your-charity/register-your-charity/the-deemed-list/|title=The Deemed List|website=Charity Commission for Northern Ireland|access-date=25 July 2017}}</ref> The new Register of Charities is [http://www.charitycommissionni.org.uk/charity-search/ publicly available on the CCNI website] and contains the details of those organizations that have so far been confirmed by the commission to exist for charitable purposes and the public benefit. The Commission estimates that between 5,000 and 11,500 charitable organizations need to be formally registered in total.<ref>{{Cite web|url=http://www.charitycommissionni.org.uk/manage-your-charity/register-your-charity/registration-list-and-expression-of-intent-form/|title=Registration list and expression of intent form|website=www.charitycommissionni.org.uk|language=en|access-date=2017-07-25|archive-url=https://web.archive.org/web/20170728140059/http://www.charitycommissionni.org.uk/manage-your-charity/register-your-charity/registration-list-and-expression-of-intent-form|archive-date=2017-07-28|url-status=dead}}</ref> |
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# Advancement of religion, |
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# Advancement of education or science, |
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# Erection or maintenance of public buildings, monuments, or works, |
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# Lessening the burdens of government, |
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# Lessening of neighborhood tensions, |
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# Elimination of prejudice and discrimination, |
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# Defense of human and civil rights secured by law, and |
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# Combating community deterioration and juvenile delinquency. |
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====Scotland==== |
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A number of other organizations, including those organized for religious, scientific, literary and educational purposes, as well as those for testing for public safety and for fostering national or international amateur sports competition, and for the prevention of cruelty to children or animals, may also qualify for exempt status. |
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The approximately 24,000 charities in [[Scotland]] are registered with the [[Office of the Scottish Charity Regulator]] (OSCR), which also maintains a register of charities online. |
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===United States=== |
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The IRS, except in rare circumstances, refers to all organizations qualifying for exemption under [[501(c)(3)]] as charities.<ref>Governing Nonprofit Organizations, Marion R. Fremont-Smith, Harvard University Press, 2004.</ref> |
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[[File:Total Giving in USA- 1971-2011.jpg|thumb|Total giving USA: 1979–2011]] |
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In the [[United States]], a charitable organization is an organization operated for purposes that are beneficial to the [[public interest]].<ref name="IRS document P557"/> There are different types of charitable organizations. Every U.S. and foreign charity that qualifies as [[tax-exempt]] under Section [[501(c)(3)]] of the [[Internal Revenue Code]] (IRC) is considered a "[[private foundation]]" unless it demonstrates to the [[Internal Revenue Service]] (IRS) that it falls into another category. Generally, any organization that is not a private foundation (i.e., it qualifies as something else) is usually a public charity as described in Section 509(a) of the IRC.<ref name=fdncenFAQ>FoundationCenter.org, [http://foundationcenter.org/getstarted/faqs/html/pfandpc.html What is the difference between a private foundation and a public charity?] {{Webarchive|url=https://web.archive.org/web/20090831122102/http://foundationcenter.org/getstarted/faqs/html/pfandpc.html |date=2009-08-31}}, accessed 2009-06-20</ref> |
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In addition, a private foundation usually derives its principal funding from an individual, family, corporation, or some other single source, and it is more often than not a [[grantmaker]] that does not solicit funds from the public. In contrast, a [[Foundation (nonprofit organization)|foundation]] or public charity generally receives grants from individuals, government, and private foundations. While some public charities engage in grantmaking activities, most conduct direct service or other tax-exempt activities. Foundations that are generally grantmakers (i.e., they use their [[Financial endowment|endowment]] to make grants to other organizations, which in turn carry out the goals of the foundation indirectly) are usually called "grantmaker" or "non-operating" foundations.{{citation needed|date=February 2019}} |
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== List of relevant organizations == |
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<!-- Please note the External links section is NOT for listing individual charities. It is reserved for the more important national bodies. Any other links will be quickly removed! Notable charities can be included in Category:Charities. --> |
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The requirements and procedures for forming charitable organizations vary from state to state, as do the registration and filing requirements for charitable organizations that conduct charitable activities, solicit charitable contributions, or hire professional fundraisers.<ref>{{cite web|url=http://www.nasconet.org |title=NASCO National Association of State Charity Officials|access-date=2008-08-27}}</ref><ref>{{cite web |url=https://www.harborcompliance.com/information/authority/attorney-general-charities.php |archive-url=https://archive.today/20140127141859/https://www.harborcompliance.com/information/authority/attorney-general-charities.php |url-status=dead |archive-date=January 27, 2014 |title=U.S. List of Charitable Solicitation Authorities by State |access-date=2014-01-27}}</ref> In practice, the detailed definition of a "charitable organization" is determined by the requirements of state law where the charitable organization operates, and the requirements for federal tax relief by the IRS. |
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=== Charity regulating bodies === |
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* [[Australian Taxation Office]] |
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Resources exist to provide information, including rankings, of US charities.<ref>Adriene Hill, "[https://www.marketplace.org/2013/06/14/worst-charities-get-information-you-make-donation/ The worst charities: Get information before you make a donation] {{Webarchive|url=https://web.archive.org/web/20200713003839/https://www.marketplace.org/2013/06/14/worst-charities-get-information-you-make-donation/ |date=2020-07-13 }}", ''Marketplace'', [[NPR]], June 14, 2013</ref> |
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====Federal tax relief==== |
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Federal tax law provides tax benefits to nonprofit organizations recognized as exempt from federal income tax under section 501(c)(3) of the IRC. The benefits of 501(c)(3) status include exemption from federal income tax as well as eligibility to receive tax-deductible charitable contributions. In 2017, there were a total of $281.86 billion in tax-deductible donations by individuals.<ref>{{cite web |title=The Ultimate List Of Charitable Giving Statistics For 2018 |url=https://nonprofitssource.com/online-giving-statistic}}</ref> |
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To qualify for 501(c)(3) status, most organizations must apply to the IRS for such status.<ref>{{cite web|url=https://www.irs.gov/pub/irs-pdf/p4220.pdf |title=Applying for 501(c)(3) Tax-Exempt Status: Publication P4220|publisher=IRS|date=March 2018}}</ref> |
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Several requirements must be met for a charitable organization to obtain 501(c)(3) status. These include the organization being organized as a corporation, trust, or unincorporated association. The organization's organizing document (such as the articles of incorporation, trust documents, or articles of association) must limit its purposes to being charitable and permanently dedicate its assets to charitable purposes. The organization must refrain from undertaking a number of other activities, such as participating in the political campaigns of candidates for local, state, or federal office. Additionally, the organization must ensure that its earnings do not benefit any individual.<ref name="IRS document P557"/> Most tax-exempt organizations are required to file annual financial reports ([[IRS Form 990]]) at the state and federal level. A tax-exempt organization's Form 990 and some other forms are required to be made available for public scrutiny. |
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The types of charitable organizations that the IRS considers to be organized for the public benefit include those organized for: |
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* Relief of the poor, the distressed, or the underprivileged |
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* Advancement of religion |
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* Advancement of education or science |
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* Construction or maintenance of public buildings, monuments, or works |
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* Lessening the burdens of government |
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* Lessening neighborhood tensions |
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* Elimination of prejudice and discrimination |
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* Defense of human and civil rights secured by law |
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* Combating community deterioration and juvenile delinquency.<ref name="IRS document P557">"[https://www.irs.gov/pub/irs-pdf/p557.pdf Publication 557: Tax-Exempt Status for Your Organization] {{Webarchive|url=https://web.archive.org/web/20200511061203/https://www.irs.gov/pub/irs-pdf/p557.pdf |date=2020-05-11}}". ''Internal Revenue Service''. January 2018. p. 27.</ref> |
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A number of other organizations may also qualify for exempt status, including those organized for religious, scientific, literary, and educational purposes, as well as those for testing for public safety and for fostering national or international amateur sports competition, and for the prevention of cruelty to children or animals. |
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== Criticism == |
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The charitable sector has received various criticisms, notably: |
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* It is often biased toward helping beneficiaries that are spatially close, typically in the same country, even when more effective interventions could be implemented elsewhere. Similarly, it tends to focus on current humans, neglecting opportunities to help future generations or other species.<ref name=":0">{{Cite book |last=Schubert |first=Stefan |url=https://academic.oup.com/book/56384 |title=Effective Altruism and the Human Mind: The Clash Between Impact and Intuition |last2=Caviola |first2=Lucius |date=May 2024 |publisher=Oxford University Press |chapter=Distant Causes and Nearsighted Feelings}}</ref> |
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* Charities are not strongly incentivized to be highly effective, notably due to biases and lack of research from donors. One common issue is [[scope neglect]]: emotional responses don't scale linearly with the number of beneficiaries helped.<ref name=":0" /> A 2020 study reported that laypeople estimated the most cost-effective charities for saving lives to be between 1.5 and 2 times more effective than the average one, whereas experts estimated them to be 100 times more effective.<ref>{{Cite journal |last=Caviola |first=Lucius |last2=Schubert |first2=Stefan |last3=Teperman |first3=Elliot |last4=Moss |first4=David |last5=Greenberg |first5=Spencer |last6=Faber |first6=Nadira S. |date=July 2020 |title=Donors vastly underestimate differences in charities’ effectiveness |url=https://www.cambridge.org/core/journals/judgment-and-decision-making/article/donors-vastly-underestimate-differences-in-charities-effectiveness/B7455AC3708440D10454BA2FD6B3F332 |journal=Judgment and Decision Making |language=en |volume=15 |issue=4 |pages=509–516 |doi=10.1017/S1930297500007452 |issn=1930-2975}}</ref> |
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* Charities sometimes give aid conditionally,<ref>{{Cite web |date=2014 |title=Arguments against charity |url=https://www.bbc.co.uk/ethics/charity/against_1.shtml#h4 |access-date=2022-03-25 |website=[[BBC]] |language=en-GB}}</ref> through eligibility requirements such as sobriety, piety, curfews, participation in job training or parenting courses, cooperation with the police, or identifying the paternity of children, charity models enforce the concept that only those who can prove their moral worth deserve help, motivating citizens to accept exploitative wages or conditions to avoid being subject to the charitable system.{{cn|date=May 2024}} |
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* Charity is increasingly privatized and contracted out to the massive nonprofit sector, where organizations compete for grants to address social problems. Donors can protect their money from taxation by storing it in foundations that fund their pet projects, some of which have nothing to do with poor people.<ref>{{cite web |last1=Spade |first1=Dean |date=2020 |title=Solidarity not Charity |url=http://www.deanspade.net/wp-content/uploads/2020/03/Mutual-Article-Social-Text-Final.pdf |access-date=March 24, 2023}}</ref> |
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Economist [[Robert Reich]] criticized the practice of billionaires giving some of their money to charity, calling it mostly "self-serving rubbish".{{explain|date=May 2024}}<ref>{{Cite web |last=Reich |first=Robert |date=2020-04-12 |title=America's billionaires are giving to charity – but much of it is self-serving rubbish |url=http://www.theguardian.com/commentisfree/2020/apr/12/americas-billionaire-class-donations |access-date=2022-03-21 |website=[[The Guardian]] |language=en}}</ref> Mathew Snow of [[American Left|American socialist]] magazine [[Jacobin (magazine)|''Jacobin'']] criticized charity for "creating an individualized 'culture of giving'" instead of "challenging capitalism's institutionalized taking."<ref>{{Cite web |last=Snow |first=Mathew |date=2015-08-25 |title=Against Charity |url=https://jacobinmag.com/2015/08/peter-singer-charity-effective-altruism/ |access-date=2022-03-25 |website=[[Jacobin (magazine)|Jacobin]] |language=en-US}}</ref> |
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=== Charity fraud === |
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{{excerpt|Charity fraud}} |
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==Charity regulators== |
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[[Charity regulators]] oversee the registration, compliance, and governance of charitable organizations within their respective jurisdictions. Examples include: |
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* [[Australian Charities and Not-for-profits Commission]] |
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* [[Canada Revenue Agency]] |
* [[Canada Revenue Agency]] |
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* [[Inland Revenue Department (Hong Kong)]] |
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* [[Public Trustee (Ontario)]] |
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* [[Charity Commission for England and Wales]] |
* [[Charity Commission for England and Wales]] |
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* [[Charity Commission for Northern Ireland]] |
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* [[Inland Revenue Department (Hong Kong)]] |
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* [[Office of the Scottish Charity Regulator]] |
* [[Office of the Scottish Charity Regulator]] |
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* [[United States Internal Revenue Service]] |
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* [http://www.charitycommissionni.org.uk Charity Commission for Northern Ireland] |
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* United States [[Internal Revenue Service]] |
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* SHATAC-Pakistan |
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* UHI http://www.hope.ck.ua/ |
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== |
==See also== |
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{{div col}} |
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* [[Aid agency]] |
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* [[Benefit corporation]] |
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* [[Charitable trust]] |
* [[Charitable trust]] |
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* [[ |
* [[Charity watchdog]] |
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* [[Community organization]] |
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* [[Community organizing]] |
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* [[Cy-près doctrine]] |
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* [[Foundation (charity)|Foundation]] |
* [[Foundation (charity)|Foundation]] |
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* [[Fundraising]] |
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* [[Grant (money)|Grants]] |
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* [[Nonprofit organization]] |
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* [[Service club]] |
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* [[Small Charity Governance|Governance]] |
* [[Small Charity Governance|Governance]] |
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* [[Grants]] |
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* [[Non-profit organization]] |
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* [[Philanthropy]] |
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* [[Social enterprise]] |
* [[Social enterprise]] |
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* [[Mutual aid society|Mutual aid]], alternative to charity |
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* [[World Giving Index]] |
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* [[List of charities accused of ties to terrorism]] |
* [[List of charities accused of ties to terrorism]] |
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{{div col end}} |
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== |
==References== |
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{{Reflist}} |
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{{More footnotes|date=July 2008}} |
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{{reflist|2}} |
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==External links== |
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* {{Commons category-inline|Charitable organizations}} |
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* {{cite EB9 |wstitle = Charities |volume= V | pages=401–402 |short=1}} |
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{{Charity}} |
{{Charity}} |
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{{Authority control}} |
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[[Category:Charities| ]] |
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{{DEFAULTSORT:Charitable Organization}} |
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[[Category:Types of organization]] |
[[Category:Types of organization]] |
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[[Category:Charities|*]] |
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[[Category:Wills and trusts]] |
[[Category:Wills and trusts]] |
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[[Category:Social economy]] |
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[[fa:سازمان خیریه]] |
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[[cy:Sefydliad elusennol]] |
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[[de:Freie Wohlfahrtspflege]] |
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[[es:Asociación caritativa]] |
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[[eo:Karitata organizaĵo]] |
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[[fr:Association caritative]] |
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[[nl:Goed doel]] |
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[[pt:Entidade filantrópica]] |
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[[simple:Charitable organization]] |
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[[fi:Hyväntekeväisyysjärjestö]] |
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[[uk:Харитативна організація]] |
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[[vi:Tổ chức từ thiện]] |
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[[zh:慈善机构]] |
Latest revision as of 06:07, 26 December 2024
A charitable organization[1] or charity is an organization whose primary objectives are philanthropy and social well-being (e.g. educational, religious or other activities serving the public interest or common good).
The legal definition of a charitable organization (and of charity) varies between countries and in some instances regions of the country. The regulation, the tax treatment, and the way in which charity law affects charitable organizations also vary. Charitable organizations may not use any of their funds to profit individual persons or entities.[2] However, some charitable organizations have come under scrutiny for spending a disproportionate amount of their income to pay the salaries of their leadership.
Financial figures (e.g. tax refunds, revenue from fundraising, revenue from the sale of goods and services or revenue from investment, and funds held in reserve) are indicators to assess the financial sustainability of a charity, especially to charity evaluators. This information can impact on a charity's reputation with donors and societies, and thus the charity's financial gains.
Charitable organizations often depend partly on donations from businesses. Such donations to charitable organizations represent a major form of corporate philanthropy.[4]
To meet the exempt organizational test requirements, a charity has to be exclusively organized and operated,[1] and to receive and pass the exemption test, a charitable organization must follow the public interest and all exempt income should be for the public interest.[1] For example, in many countries of the Commonwealth, charitable organizations must demonstrate that they provide a public benefit.[5]
History
[edit]The examples and perspective in this article deal primarily with the English-speaking world and do not represent a worldwide view of the subject. (September 2018) |
Early systems
[edit]Until the mid-18th century, charity was mainly distributed through religious structures (such as the English Poor Laws of 1601), almshouses, and bequests from the rich. Christianity, Judaism, and Islam incorporated significant charitable elements from their very beginnings,[6] and dāna (alms-giving) has a long tradition in Hinduism, Jainism, Buddhism, and Sikhism. Charities provided education, health, housing, and even prisons. Almshouses were established throughout Europe in the Early Middle Ages to provide a place of residence for the poor, old, and distressed people; King Athelstan of England (reigned 924–939) founded the first recorded almshouse in York in the 10th century.[7]
Enlightenment charity
[edit]During the Enlightenment era, charitable and philanthropic activity among voluntary associations and affluent benefactors became a widespread cultural practice. Societies, gentlemen's clubs, and mutual associations began to flourish in England, with the upper classes increasingly adopting a philanthropic attitude toward the disadvantaged. In England, this new social activism led to the establishment of charitable organizations, which proliferated from the middle of the 18th century.[8]
This emerging upper-class trend for benevolence resulted in the incorporation of the first charitable organizations. Appalled by the number of abandoned children living on the streets of London, Captain Thomas Coram set up the Foundling Hospital in 1741 to care for these unwanted orphans in Lamb's Conduit Fields, Bloomsbury. This institution, the world's first of its kind,[9] served as the precedent for incorporated associational charities in general.[10]
Another notable philanthropist of the Enlightenment era, Jonas Hanway, established The Marine Society in 1756 as the first seafarers' charity, aiming to aid the recruitment of men into the navy.[11] By 1763, the Society had enlisted over 10,000 men, and an Act of Parliament incorporated it in 1772. Hanway also played a key role in founding the Magdalen Hospital to rehabilitate prostitutes. These organizations were funded by subscriptions and operated as voluntary associations. They raised public awareness about their activities through the emerging popular press and generally enjoyed high social regard. Some charities received state recognition in the form of a royal charter.
Charities also began to take on campaigning roles, championing causes and lobbying the government for legislative changes. This included organized campaigns against the mistreatment of animals and children, as well as the successful campaign in the early 19th century to end the slave trade throughout the British Empire and its extensive sphere of influence.[12] (However, this process was quite lengthy, concluding when slavery in Saudi Arabia was abolished slavery in 1962.)
The Enlightenment era also witnessed a growing philosophical debate between those advocating for state intervention and those believing that private charities should provide welfare. The political economist, Reverend Thomas Malthus (1766–1834), criticized poor relief for paupers on economic and moral grounds and proposed leaving charity entirely to the private sector.[13] His views became highly influential and informed the Victorian laissez-faire attitude toward state intervention for the poor.
Growth during the 19th century
[edit]During the 19th century, a profusion of charitable organizations emerged to alleviate the awful conditions of the working class in the slums. The Labourer's Friend Society, chaired by Lord Shaftesbury in the United Kingdom in 1830, aimed to improve working-class conditions. It promoted, for example, the allotment of land to laborers for "cottage husbandry", which later became the allotment movement. In 1844, it became the first Model Dwellings Company – one of a group of organizations that sought to improve the housing conditions of the working classes by building new homes for them, all the while receiving a competitive rate of return on any investment. This was one of the first housing associations, a philanthropic endeavor that flourished in the second half of the nineteenth century, brought about by the growth of the middle class. Later associations included the Peabody Trust (originating in 1862) and the Guinness Trust (founded in 1890). The principle of philanthropic intention with capitalist return was given the label "five percent philanthropy".[14]
There was strong growth in municipal charities. The Brougham Commission led to the Municipal Corporations Act 1835, which reorganized multiple local charities by incorporating them into single entities under supervision from the local government.
Charities at the time, including the Charity Organization Society (established in 1869), tended to discriminate between the "deserving poor", who would be provided with suitable relief, and the "underserving" or "improvident poor", who was regarded as the cause of their woes due to their idleness. Charities tended to oppose the provision of welfare by the state, due to the perceived demoralizing effect. Although minimal state involvement was the dominant philosophy of the period, there was still significant government involvement in the form of statutory regulation and even limited funding.[15]
Philanthropy became a very fashionable activity among the expanding middle classes in Britain and America. Octavia Hill (1838–1912) and John Ruskin (1819–1900) were important forces behind the development of social housing, and Andrew Carnegie (1835–1919) exemplified the large-scale philanthropy of the newly rich in industrialized America. In Gospel of Wealth (1889), Carnegie wrote about the responsibilities of great wealth and the importance of social justice. He established public libraries throughout English-speaking countries[16] and contributed large sums to schools and universities.[17] A little over ten years after his retirement, Carnegie had given away over 90% of his fortune.[18]
Towards the end of the 19th century, with the advent of the New Liberalism and the innovative work of Charles Booth in documenting working-class life in London, attitudes towards poverty began to change. This led to the first social liberal welfare reforms, including the provision of old age pensions[19] and free school-meals.[20]
20th century
[edit]During the 20th century, charitable organizations such as Oxfam (established in 1947), Care International, and Amnesty International expanded greatly, becoming large, multinational non-governmental organizations with very large budgets.
21st century
[edit]With the advent of the Internet, charitable organizations established a presence on online social media platforms and began initiatives such as cyber-based humanitarian crowdfunding, exemplified by platforms like GoFundMe.
By jurisdiction
[edit]Australia
[edit]The definition of charity in Australia is derived from English common law, originally from the Charitable Uses Act 1601, and then through several centuries of case law based upon it. In 2002, the federal government initiated an inquiry into the definition of a charity. The inquiry proposed a statutory definition of a charity, based on the principles developed through case law. This led to the Charities Bill 2003, which included limitations on the involvement of charities in political campaigning, an unwelcome departure from the case law as perceived by many charities. The government appointed a Board of Taxation inquiry to consult with charities on the bill. However, due to widespread criticism from charities, the government abandoned the bill.
Subsequently, the government introduced the Extension of Charitable Purpose Act 2004. This act did not attempt to codify the definition of a charitable purpose but rather aimed to clarify that certain purposes were charitable, resolving legal doubts surrounding their charitable status. Among these purposes were childcare, self-help groups, and closed/contemplative religious orders.[21]
To publicly raise funds, a charity in Australia must register in each Australian jurisdiction in which it intends to raise funds. For example, in Queensland, charities must register with the Queensland Office of Fair Trading.[22] Additionally, any charity fundraising online must obtain approval from every Australian jurisdiction that mandates such approval. Currently, these jurisdictions include New South Wales, Queensland, Victoria, Tasmania, Western Australia, and the Australian Capital Territory. Numerous Australian charities have appealed to federal, state, and territory governments to establish uniform legislation enabling charities registered in one state or territory to raise funds in all other Australian jurisdictions.
The Australian Charities and Not-For-Profits Commission (ACNC) commenced operations in December 2012. It regulates approximately 56,000 non-profit organizations with tax-exempt status, along with around 600,000 other NPOs in total, seeking to standardize state-based fund-raising laws.[23]
A Public Benevolent Institution (PBI) is a specific type of charity with its primary purpose being to alleviate suffering in the community, whether due to poverty, sickness, or disability. Examples of institutions that might qualify include hospices, providers of subsidized housing, and certain not-for-profit aged care services.[24][25]
Canada
[edit]Charities in Canada need to be registered with the Charities Directorate[26] of the Canada Revenue Agency. According to the Canada Revenue Agency:[27]
A registered charity is an organization established and operated for charitable purposes. It must devote its resources to charitable activities. The charity must be a resident in Canada and cannot use its income to benefit its members. A charity also has to meet a public benefit test. To qualify under this test, an organization must show that:
- its activities and purposes provide a tangible benefit to the public.
- those eligible for benefits are either the public as a whole or a significant section of it. They should not be a restricted group or one where members share a private connection, such as social clubs or professional associations with specific memberships.
- the charity's activities must be legal and must not be contrary to public policy.
To register as a charity, the organization has to be either incorporated or governed by a legal document called a trust or a constitution. This document has to explain the organization's purposes and structure.
France
[edit]Most French charities are registered under the statute of loi d'association de 1901, a type of legal entity for non-profit NGOs. This statute is extremely common in France for any type of group that wants to be institutionalized (sports clubs, book clubs, support groups...), as it is very easy to set up and requires very little documentation. However, for an organization under the statute of loi 1901 to be considered a charity, it has to file with the authorities to come under the label of "association d'utilité publique", which means "NGO acting for the public interest". This label gives the NGO some tax exemptions.[citation needed]
Hungary
[edit]In Hungary, charitable organizations are referred to as "public-benefit organizations" (Hungarian: közhasznú szervezet). The term was introduced on 1 January 1997 through the Act on Public Benefit Organizations.[28]
India
[edit]Under Indian law, legal entities such as charitable organizations, corporations, and managing bodies have been given the status of "legal persons" with legal rights, such as the right to sue and be sued, and the right to own and transfer property.[29] Indian charitable organizations with this status include Sir Ratan Tata Trust.
Ireland
[edit]In Ireland, the Charities Act (2009) legislated the establishment of a "Charities Regulatory Authority", and the Charities Regulator was subsequently created via a ministerial order in 2014.[30][31] This was the first legal framework for charity registration in Ireland. The Charities Regulator maintains a database of organizations that have been granted charitable tax exemption—a list previously maintained by the Revenue Commissioners.[32] Such organizations would have a CHY number from the Revenue Commissioners, a CRO number from the Companies Registration Office, and a charity number from the Charities Regulator.
The Irish Nonprofits Database was created by Irish Nonprofits Knowledge Exchange (INKEx) to serve as a repository for regulatory and voluntarily disclosed information about Irish public benefit nonprofits.[citation needed]
Nigeria
[edit]Charitable organizations in Nigeria are registerable under "Part C" of the Companies and Allied Matters Act, 2020. Under the law, the Corporate Affairs Commission, Nigeria, being the official Nigerian Corporate Registry, is empowered to maintain and regulate the formation, operation, and dissolution of charitable organizations in Nigeria.[33] Charitable organizations in Nigeria are exempted under §25(c) of the Companies Income Tax Act (CITA) Cap. C21 LFN 2004 (as amended), which exempts from income tax corporate organizations engaged wholly in ecclesiastical, charitable, or educational activities.[34] Similarly, §3 of the Value Added Tax Act (VATA) Cap. V1 LFN 2004 (as amended), and the 1st Schedule to the VATA on exempted Goods and Services goods zero-rates goods and services purchased by any ecclesiastical, charitable, or educational institutions in furtherance of their charitable mandates.
Poland
[edit]A public benefit organization (Polish: organizacja pożytku publicznego, often abbreviated as OPP) is a term used in Polish law. It was introduced on 1 January 2004 by the statute on public good activity and volunteering. Charitable organizations of public good are allowed to receive 1.5% of income tax from individuals, making them "tax-deductible organizations". To receive such status, an organization has to be a non-governmental organization, with political parties and trade unions not qualifying. The organization must also be involved in specific activities related to the public good as described by the law, and it should demonstrate sufficient transparency in its activities, governance, and finances. Moreover, data has shown that this evidence is pertinent and sensible.
Polish charitable organizations with this status include Związek Harcerstwa Polskiego, the Great Orchestra of Christmas Charity, KARTA Center, the Institute of Public Affairs, the Silesian Fantasy Club, the Polish Historical Society, and the Polish chapter of the Wikimedia Foundation.
Singapore
[edit]The legal framework in Singapore is regulated by the Singapore Charities Act (Chapter 37).[35] Charities in Singapore must be registered with the Charities Directorate of the Ministry of Community Development, Youth and Sports.[36] One can also find specific organizations that are members of the National Council of Social Service (NCSS), which is operated by the Ministry of Social and Family Development.
Ukraine
[edit]The legislation governing charitable activities and the process of obtaining charitable organization status is regulated by Ukraine's Civil Code and the Law of Ukraine on Charitable Activities and Charitable Organizations.
According to Ukrainian law, there are three forms of charitable organizations:
- A "charitable society" is a charitable organization created by at least two founders and operates based on the charter or statute.
- A "charitable institution" is a type of charitable trust that acts based on the constituent or founding act. This charitable organization's founding act defines the assets that one or several founders transfer to achieve the goals of charitable activity, along with any income from such assets. A constituent act of a charitable institution may be contained in a will or testament. The founder or founders of the charitable institution do not participate in the management of such a charitable organization.
- A "charitable fund" or "charitable foundation" is a charitable organization that operates based on the charter, has participants or members, and is managed by them. Participants or members are not obliged to transfer any assets to such an organization to achieve the goals of charitable activity. A charitable foundation can be created by one or several founders. The assets of a charitable fund can be formed by participants and/or other benefactors.[citation needed]
The Ministry of Justice of Ukraine is the main registration authority for charitable organization registration and constitution.[37] Individuals and legal entities, except for public authorities and local governments, can be the founders of charitable organizations. Charitable societies and charitable foundations may have, in addition to founders, other participants who have joined them as prescribed by the charters of such charitable associations or charitable foundations. Aliens (non-Ukrainian citizens and legal entities, corporations, or non-governmental organizations) can be the founders and members of philanthropic organizations in Ukraine.
All funds received by a charitable organization and used for charitable purposes are exempt from taxation, but obtaining non-profit status from the tax authority is necessary.
Legalization is required for international charitable funds to operate in Ukraine.[clarification needed]
United Kingdom
[edit]Charity law in the UK varies among (i) England and Wales, (ii) Scotland and (iii) Northern Ireland, but the fundamental principles are the same. Most organizations that are charities are required to be registered with the appropriate regulator for their jurisdiction, but significant exceptions apply so that many organizations are bona fide charities but do not appear on a public register.[38] The registers are maintained by the Charity Commission for England and Wales and by the Office of the Scottish Charity Regulator for Scotland. The Charity Commission for Northern Ireland maintains a register of charities that have completed formal registration (see below). Organizations applying must meet the specific legal requirements summarized below, have filing requirements with their regulator, and are subject to inspection or other forms of review. The oldest charity in the UK is The King's School, Canterbury, established in 597 AD.[39]
Charitable organizations, including charitable trusts, are eligible for a complex set of reliefs and exemptions from taxation in the UK. These include reliefs and exemptions in relation to income tax, capital gains tax, inheritance tax, stamp duty land tax, and value added tax. These tax exemptions have led to criticisms that private schools are able to use charitable status as a tax avoidance technique rather than offering a genuine charitable good.[40]
The Transparency of Lobbying, Non-party Campaigning and Trade Union Administration Act 2014 subjects charities to regulation by the Electoral Commission in the run-up to a general election.[41]
England and Wales
[edit]Definition
[edit]Section 1 of the Charities Act 2011 provides the definition in England and Wales:
- (1) For the purposes of the law of England and Wales, "charity" means an institution which—
- (a) is established for charitable purposes only, and
- (b) falls to be subject to the control of the High Court in the exercise of its jurisdiction with respect to charities.
The Charities Act 2011 provides the following list of charitable purposes:[42]
- the prevention or relief of poverty
- the advancement of education
- the advancement of religion
- the advancement of health or the saving of lives
- the advancement of citizenship or community development
- the advancement of the arts, culture, heritage or science
- the advancement of amateur sport
- the advancement of human rights, conflict resolution or reconciliation or the promotion of religious or racial harmony or equality and diversity
- the advancement of environmental protection or improvement
- the relief of those in need, by reason of youth, age, ill-health, disability, financial hardship or other disadvantage
- the advancement of animal welfare
- the promotion of the efficiency of the armed forces of the Crown or of the police, fire and rescue services or ambulance services
- other purposes currently recognized as charitable and any new charitable purposes which are similar to another charitable purpose.
A charity must also provide a public benefit.[43]
Before the Charities Act 2006, which introduced the definition now contained in the 2011 Act, the definition of charity arose from a list of charitable purposes in the Charitable Uses Act 1601 (also known as the Statute of Elizabeth), which had been interpreted and expanded into a considerable body of case law. In Commissioners for Special Purposes of Income Tax v. Pemsel (1891), Lord McNaughten identified four categories of charity which could be extracted from the Charitable Uses Act and which were the accepted definition of charity prior to the Charities Act 2006:
- the relief of poverty,
- the advancement of education,
- the advancement of religion, and
- other purposes considered beneficial to the community.
Charities in England and Wales—such as Age UK, the Royal Society for the Protection of Birds (RSPB)[44] and the Royal Society for the Prevention of Cruelty to Animals (RSPCA)[45] – must comply with the 2011 Act regulating matters such as charity reports and accounts and fundraising.
Structures
[edit]As of 2011[update], there are several types of legal structures for a charity in England and Wales:
- Unincorporated association
- Trust
- Company limited by guarantee
- Another incorporation, such as by royal charter
- Charitable incorporated organization
The unincorporated association is the most common form of organization within the voluntary sector in England and Wales.[46] This is essentially a contractual arrangement between individuals who have agreed to come together to form an organization for a particular purpose. An unincorporated association will normally have a constitution or set of rules as its governing document, which will deal with matters such as the appointment of office bearers and the rules governing membership. The organization is not, however, a separate legal entity, so it cannot initiate legal action, borrow money, or enter into contracts in its own name. Its officers can be personally liable if the charity is sued or has debts.[47]
A trust is essentially a relationship among three parties: the donor of some assets, the trustees who hold the assets, and the beneficiaries (those eligible to benefit from the charity). When the trust has charitable purposes and is a charity, the trust is known as a charitable trust. The governing document is the trust deed or declaration of trust, which comes into operation once signed by all the trustees. The main disadvantage of a trust is that, like an unincorporated association, it lacks a separate legal entity, and the trustees must themselves own property and enter into contracts. The trustees are also liable if the charity is sued or incurs liability.
A company limited by guarantee is a private limited company where members' liability is limited. A guarantee company does not have a share capital, but instead has members who are guarantors rather than shareholders. If the company is wound up, the members agree to pay a nominal sum, which can be as little as £1. A company limited by guarantee is a useful structure for a charity where trustees need limited liability protection. Moreover, the charity has legal personality and can enter into contracts, such as employment contracts, in its own name.[48]
A small number of charities are incorporated by royal charter, a document that creates a corporation with legal personality (or, in some cases, transforms a charity incorporated as a company into a charity incorporated by royal charter). The charter must be approved by the Privy Council before receiving royal assent. While the nature of the charity will vary depending on the clauses enacted, a royal charter generally offers a charity the same limited liability as a company and the ability to enter into contracts.
The Charities Act 2006 introduced a new legal form of incorporation designed specifically for charities—the charitable incorporated organization (CIO)—with powers similar to a company but without the need to register as a company. Becoming a CIO was only made possible in 2013, with staggered introduction dates, with the charities with the highest turnover eligible first.
The term foundation is not commonly used in England and Wales. Occasionally, a charity will use the word as part of its name (e.g., British Heart Foundation), but this has no legal significance and provides no information about the charity's work or legal structure. The organization's structure will fall into one of the types described above.
Registration
[edit]Charitable organizations with an income of over £5,000 and subject to the law of England and Wales must register with the Charity Commission for England and Wales, unless they are an "exempt" or "excepted" charity.[49][50] For companies, the law of England and Wales will usually apply if the company itself is registered in England and Wales. In other cases, if the governing document doesn't specify, the law that applies will be the one most connected with the organization.[51]
When an organization's income doesn't exceed £5,000, it can't register as a charity with the Charity Commission for England and Wales, unless registered as a Charitable Incorporated Organisation, in which case there is no minimum annual income.[52] With the increase in the mandatory registration level to £5,000 by The Charities Act 2006, smaller charities can rely on HMRC recognition to demonstrate their charitable purpose and confirm their not-for-profit principles.[53]
Churches with an annual income of less than £100,000 need not register.[54]
Some charities, referred to as exempt charities, aren't required to register with the Charity Commission and aren't subject to its supervisory powers. These charities include most universities and national museums, as well as some other educational institutions. Other charities are excepted from the need to register but are still subject to the supervision of the Charity Commission. The regulations on excepted charities were changed by the Charities Act 2006. Many excepted charities are religious charities.[55]
Northern Ireland
[edit]The Charity Commission for Northern Ireland was established in 2009[56] and has received the names and details of over 7,000 organizations in Northern Ireland that have previously been granted charitable status for tax purposes (the "deemed list"). Compulsory registration of organizations from the deemed list began in December 2013, and it is expected to take three to four years to complete.[57] The new Register of Charities is publicly available on the CCNI website and contains the details of those organizations that have so far been confirmed by the commission to exist for charitable purposes and the public benefit. The Commission estimates that between 5,000 and 11,500 charitable organizations need to be formally registered in total.[58]
Scotland
[edit]The approximately 24,000 charities in Scotland are registered with the Office of the Scottish Charity Regulator (OSCR), which also maintains a register of charities online.
United States
[edit]In the United States, a charitable organization is an organization operated for purposes that are beneficial to the public interest.[59] There are different types of charitable organizations. Every U.S. and foreign charity that qualifies as tax-exempt under Section 501(c)(3) of the Internal Revenue Code (IRC) is considered a "private foundation" unless it demonstrates to the Internal Revenue Service (IRS) that it falls into another category. Generally, any organization that is not a private foundation (i.e., it qualifies as something else) is usually a public charity as described in Section 509(a) of the IRC.[60]
In addition, a private foundation usually derives its principal funding from an individual, family, corporation, or some other single source, and it is more often than not a grantmaker that does not solicit funds from the public. In contrast, a foundation or public charity generally receives grants from individuals, government, and private foundations. While some public charities engage in grantmaking activities, most conduct direct service or other tax-exempt activities. Foundations that are generally grantmakers (i.e., they use their endowment to make grants to other organizations, which in turn carry out the goals of the foundation indirectly) are usually called "grantmaker" or "non-operating" foundations.[citation needed]
The requirements and procedures for forming charitable organizations vary from state to state, as do the registration and filing requirements for charitable organizations that conduct charitable activities, solicit charitable contributions, or hire professional fundraisers.[61][62] In practice, the detailed definition of a "charitable organization" is determined by the requirements of state law where the charitable organization operates, and the requirements for federal tax relief by the IRS.
Resources exist to provide information, including rankings, of US charities.[63]
Federal tax relief
[edit]Federal tax law provides tax benefits to nonprofit organizations recognized as exempt from federal income tax under section 501(c)(3) of the IRC. The benefits of 501(c)(3) status include exemption from federal income tax as well as eligibility to receive tax-deductible charitable contributions. In 2017, there were a total of $281.86 billion in tax-deductible donations by individuals.[64]
To qualify for 501(c)(3) status, most organizations must apply to the IRS for such status.[65]
Several requirements must be met for a charitable organization to obtain 501(c)(3) status. These include the organization being organized as a corporation, trust, or unincorporated association. The organization's organizing document (such as the articles of incorporation, trust documents, or articles of association) must limit its purposes to being charitable and permanently dedicate its assets to charitable purposes. The organization must refrain from undertaking a number of other activities, such as participating in the political campaigns of candidates for local, state, or federal office. Additionally, the organization must ensure that its earnings do not benefit any individual.[59] Most tax-exempt organizations are required to file annual financial reports (IRS Form 990) at the state and federal level. A tax-exempt organization's Form 990 and some other forms are required to be made available for public scrutiny.
The types of charitable organizations that the IRS considers to be organized for the public benefit include those organized for:
- Relief of the poor, the distressed, or the underprivileged
- Advancement of religion
- Advancement of education or science
- Construction or maintenance of public buildings, monuments, or works
- Lessening the burdens of government
- Lessening neighborhood tensions
- Elimination of prejudice and discrimination
- Defense of human and civil rights secured by law
- Combating community deterioration and juvenile delinquency.[59]
A number of other organizations may also qualify for exempt status, including those organized for religious, scientific, literary, and educational purposes, as well as those for testing for public safety and for fostering national or international amateur sports competition, and for the prevention of cruelty to children or animals.
Criticism
[edit]The charitable sector has received various criticisms, notably:
- It is often biased toward helping beneficiaries that are spatially close, typically in the same country, even when more effective interventions could be implemented elsewhere. Similarly, it tends to focus on current humans, neglecting opportunities to help future generations or other species.[66]
- Charities are not strongly incentivized to be highly effective, notably due to biases and lack of research from donors. One common issue is scope neglect: emotional responses don't scale linearly with the number of beneficiaries helped.[66] A 2020 study reported that laypeople estimated the most cost-effective charities for saving lives to be between 1.5 and 2 times more effective than the average one, whereas experts estimated them to be 100 times more effective.[67]
- Charities sometimes give aid conditionally,[68] through eligibility requirements such as sobriety, piety, curfews, participation in job training or parenting courses, cooperation with the police, or identifying the paternity of children, charity models enforce the concept that only those who can prove their moral worth deserve help, motivating citizens to accept exploitative wages or conditions to avoid being subject to the charitable system.[citation needed]
- Charity is increasingly privatized and contracted out to the massive nonprofit sector, where organizations compete for grants to address social problems. Donors can protect their money from taxation by storing it in foundations that fund their pet projects, some of which have nothing to do with poor people.[69]
Economist Robert Reich criticized the practice of billionaires giving some of their money to charity, calling it mostly "self-serving rubbish".[further explanation needed][70] Mathew Snow of American socialist magazine Jacobin criticized charity for "creating an individualized 'culture of giving'" instead of "challenging capitalism's institutionalized taking."[71]
Charity fraud
[edit]Charity regulators
[edit]Charity regulators oversee the registration, compliance, and governance of charitable organizations within their respective jurisdictions. Examples include:
- Australian Charities and Not-for-profits Commission
- Canada Revenue Agency
- Charity Commission for England and Wales
- Charity Commission for Northern Ireland
- Inland Revenue Department (Hong Kong)
- Office of the Scottish Charity Regulator
- United States Internal Revenue Service
See also
[edit]- Aid agency
- Benefit corporation
- Charitable trust
- Charity watchdog
- Community organization
- Community organizing
- Cy-près doctrine
- Foundation
- Fundraising
- Grants
- Nonprofit organization
- Service club
- Governance
- Social enterprise
- Mutual aid, alternative to charity
- World Giving Index
- List of charities accused of ties to terrorism
References
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External links
[edit]- Media related to Charitable organizations at Wikimedia Commons
- Encyclopædia Britannica. Vol. V (9th ed.). 1878. pp. 401–402. .