All posts by Mike Sperling

Should your nonprofit adopt AI?

AI ImageArtificial intelligence (AI) is rapidly transforming everyday life. But what can it do for nonprofit organizations? And do the potential benefits outweigh risks and costs? This short article looks at the issues.

Possible advantages

AI software is now used for a wide variety of purposes — including machine learning, large language processing and predictive analytics. Nonprofits have integrated AI into their operations to, for example, create personalized email campaigns based on past donor behavior and build predictive models identifying future community needs.

The primary advantages of using AI generally fall under the following categories:

Streamlining repetitive tasks. Nonprofits often are run by a lean staff. AI can help reduce your staff’s workload and free up time for mission-critical activities by automating administrative duties. These include scheduling, data entry, expense tracking and email follow-ups. Chatbots may be able to handle routine donor inquiries, and AI-powered grant management systems can sift through eligibility criteria — often more efficiently than humans.

Reducing costs. By automating manual processes, AI may significantly reduce your operational costs. Predictive analytics can optimize staff scheduling, thus reducing overtime and improving retention rates. AI can also analyze donor databases to identify patterns that would otherwise require hiring expensive consultants. Over time, such efficiencies can deliver substantial savings while improving outcomes.

Engaging Donors. AI excels at personalization — critical for engaging donors. With the right tools, you can segment supporters, predict giving patterns and deliver tailored messages. AI-driven platforms can suggest the most effective timing and channels for outreach, increasing the likelihood of repeat donations.

Potential drawbacks

AI adoption carries risks. AI algorithms have been known to perpetuate bias unintentionally, leading to inequitable service delivery and donor targeting. So transparency is essential. You’ll need to inform stakeholders when you use AI for decision-making and communications.

Keep in mind that reliance on automation could raise questions among your staff about job displacement. Data privacy and security are also pressing concerns, especially when handling sensitive donor information. If you adopt AI tools, increase data security protections.

Then there’s the cost. You’ll need to budget for software subscriptions, training and integration with existing systems. Pilot programs may be the best option because they enable you to test tools on a small scale before making a larger investment.

Values and fiscal limitations

By reducing repetitive tasks, cutting costs and deepening donor engagement, AI can strengthen your organization. But be sure to manage AI risks thoughtfully. Ensure the technology you choose aligns with your organization’s values and fiscal limitations.

When outsourcing accounting might make sense

AI ImageIf your nonprofit is paring back its budget and even laying off staffers, you might want to think about outsourcing some functions. Start with accounting and financial tasks. It can be less expensive to outsource them than to pay employees to perform them. Also, work associated with such functions often benefits from the oversight of experienced outside professionals.

Reasons to consider it

Nonprofits may outsource accounting work, such as payroll processing, because they lack the staff resources to perform such time-intensive tasks or because the work poses a fraud risk if undertaken in-house. Many nonprofits also outsource obligations such as financial statement preparation and tax compliance because they lack an internal CFO or the expertise to execute high-level financial work.

Most outsourcing solutions are scalable, allowing you to outsource all or only some functions as your staff, financial and technological resources change. Options might include outsourcing payables, receivables and cash transaction processing; account reconciliation; financial statement, budget and forecast preparation; tax and grant reporting compliance; and communication of financial matters to your board.

Finding a service provider

To find an outsourcing partner, ask for recommendations from other nonprofits in your community and professional advisors, such as your attorney and banker. Higher-level work may call for hiring a CPA firm, while an outsource partner could handle routine tasks. For example, consider using a payroll service. Look for providers with extensive nonprofit experience, ask for references and follow up on contacting them.

When vetting potential service providers, make sure you talk with the manager or partner who’ll oversee the work you intend to outsource — even if that person won’t actually perform the job. This can help provide continuity of service and be a valuable resource to your nonprofit’s senior management and board.

Also, discuss cost. This can vary widely depending on your needs and factors such as your geographic location and niche. Services might equal or even exceed what you’d pay an experienced accountant internally — or might cost less. Keep in mind, however, that with an outside firm, you pay only for the amount and level of services you require. Accounting employees, on the other hand, could spend time doing work that someone at a lower pay level could perform. Outsourcing also saves your nonprofit the expenses associated with a regular employee, such as payroll taxes and health insurance.

Make a smooth transition

Once you’ve settled on a provider, discuss how financial data will flow. For example, will your nonprofit send information to the company, or will the company’s personnel perform the work in your office? If a vendor’s unfamiliar with your accounting software, it may need to perform some tasks onsite, at least initially.

Be prepared for other possible transition issues. Generally, there’s a learning curve as a service provider familiarizes itself with a client’s policies, procedures and systems. You can help smooth the way by assigning the vendor or firm to a single point of contact within your organization.

The buck stops with you

Keep in mind that even if you engage a full-service CPA firm, financial governance remains the responsibility of your nonprofit’s board of directors. External service providers can provide financial and accounting advice, but the buck ultimately stops at your board and executives.

Nonprofits can’t afford fraud losses

ImageHow to help prevent common schemes

There’s little evidence that the incidence of occupational fraud is higher for nonprofits. However, nonprofits are less likely to be able to handle financial losses associated with fraud. According to the most recent research by the Association of Certified Fraud Examiners (ACFE), the median fraud loss per occupational fraud incident is $145,000 for all organizations — an amount that could easily shut down a charity. That’s why it’s critical to understand the risks and to implement and adhere to strong internal controls.

Mitigating threats

A general lack of financial and staff resources can make smaller nonprofits particularly vulnerable to fraud. Nonprofit leaders generally place greater trust in their employees than for-profit managers do. Some nonprofit managers may, for example, rubber-stamp expense reimbursement reports, allow unsupervised staffers or volunteers to handle cash donations, and neglect to distribute accounting duties among various employees. This kind of oversight (or lack of oversight) is a mistake.

To mitigate fraud threats, evaluate your organization through the eyes of a criminal. If you intended to steal, where would you focus your efforts? Where are the weak links? These are the primary security gaps you must address with internal controls.

For example, many organizations still receive donations in the mail. If one staffer is responsible for opening envelopes, recording contribution amounts and depositing donations, that person could easily commit fraud. So you need to devise mechanisms to help prevent such skimming. One common antifraud control, segregation of duties, requires that two or more people be involved in the process of collecting, recording and depositing checks. Also recommended: Investigate the backgrounds of anyone who’ll be handling money.

Regular compliance checks

Unfortunately, the existence of controls doesn’t guarantee they’re being followed. Although internal controls provide a deterrent from wrongdoing, they can sometimes be circumvented. Nonprofits, by their nature, are geared toward “doing good,” not making money. So, staffers may not be looking for possible financial irregularities. And when budgets are tight — something common in the nonprofit world — leaders often cut resources dedicated to controls and fraud prevention.

Regular compliance checks can help ensure control procedures are being followed. The key is to find out which rules are routinely ignored — and why. Say, for instance, that your employee handbook mandates two levels of approval for expense reimbursement requests. If staffing shortages make following this rule difficult, ask board members to step in when a second signature is required. Another possible solution is to outsource specific tasks.

How to train stakeholders

Another effective antifraud control is employee training. During your onboarding process, inform staffers and volunteers about typical schemes in the nonprofit sector and teach them how to prevent, identify and report possible fraud. Because fraud perpetrators are constantly finding new ways to steal from their employers, initial training should be updated with annual refresher courses. In fact, you might want to ask employees to sign an annual ethics pledge to keep such issues top-of-mind and reinforce the idea that your organization takes fraud prevention seriously.

The ACFE has found that approximately 43% of nonprofit frauds are revealed by tips from staffers, board members, vendors, clients and the public. To encourage such tips, offer potential whistleblowers an anonymous fraud-reporting mechanism (via web, phone or email) that’s available 24/7. Investigate every tip and report the outcome of tip investigations (withholding the names of whistleblowers and others involved) to your nonprofit’s stakeholders.

Don’t cut these costs

If economic uncertainty or reduced financial support is leading your nonprofit to take cost-cutting measures, be careful not to target critical fraud prevention resources or policies. Make sure you’re able to maintain segregation of duties and supervise staffers and volunteers who perform financial tasks. And though network hacking schemes are more likely to be perpetrated by outside criminals, spend what you must to keep all security software current.

A mixed bag: How OBBBA could affect charitable donations

ImageThe new tax and spending law, known as the One Big Beautiful Bill Act (OBBBA), contains several provisions that directly affect nonprofits. In particular, the impact of OBBBA’s charitable giving incentives is expected to be significant. So it’s important for nonprofit leaders to understand these provisions and their likely consequences.

Fundraising-friendly provisions

Let’s lead with the good news: The OBBBA establishes a permanent deduction for taxpayers who don’t itemize their deductions, beginning in 2026. Up to $1,000 for single filers and $2,000 for married couples filing jointly can be taken as a charitable deduction when filing annual tax returns. Eligible donations must be made to tax-exempt public charities. Gifts to private foundations or donor-advised funds don’t qualify.

Because the Tax Cuts and Jobs Act (TCJA) of 2017 nearly doubled the amount of the standard deduction, fewer taxpayers itemize their deductions than before that law was signed. And the OBBBA increases the standard deduction even further (for 2025, $15,750 for single filers and $31,500 for joint filers). Until now, that meant nonitemizers forfeited deductions for charitable contributions. Researchers at Indiana University and the University of Notre Dame have determined that charitable giving fell by $20 billion in 2018, the first year the higher deduction took effect. Many within the nonprofit sector hope a universal deduction will encourage more nonitemizing middle-income households to donate.

The OBBBA also makes permanent the limit on cash contributions. Taxpayers can deduct contributions to public charities up to 60% of their adjusted gross income (AGI). Pre-TCJA, the limit was 50% of AGI.

Disincentives for giving

But the OBBBA also includes several provisions that are considered likely to reduce incentives to give. For starters, beginning in 2026, the law imposes new “floors” on charitable contribution deductions for both individuals who itemize and corporate taxpayers. The floors reduce the previously deductible amounts. Here’s how:

Individuals. For an individual taxpayer, the new floor is 0.5% of AGI. So a donor with an AGI of $100,000 can’t deduct the first $500 ($100,000 × 0.5%) of donations made that year.

Corporations. The floor for corporate deductible donations is 1% of the corporation’s taxable income. Researchers at Indiana University’s Lilly Family School of Philanthropy estimate that the corporate floor will reduce corporate giving by about $45 billion over 10 years. The OBBBA also renews the existing limit that restricts corporate deductible donations to 10% of taxable income.

Although corporations can carry forward contributions that exceed the limit for the following five years, contributions that are disallowed because of the 1% floor can be carried forward only from years in which total contributions exceed the 10% ceiling.

Impact on high-income donors

The OBBBA may also disincentivize donations from high-income donors by effectively capping the value of itemized deductions for individual taxpayers in the highest tax bracket (37%) to 35 cents per dollar, versus 37 cents per dollar pre-OBBBA. This cap becomes effective starting in 2026.

Indiana University researchers examined the impact of this limit on high-income donors, who they characterize as exceptionally responsive to tax incentives. Such donors are responsible for more than half of all itemized charitable giving. Researchers project that the limit will reduce giving by at least $4.1 billion per year and may jeopardize as much as $6.1 billion.

Also, the OBBBA permanently increases the estate and lifetime gift tax exemption to $15 million, or $30 million for married couples, for 2026 ($13.99 million and $27.98 million for 2025). These amounts will be adjusted annually for inflation. Therefore, reducing estate tax liability is expected to play a minor role in motivating charitable donors

Adjusting to a shifting landscape

Depending on your nonprofit’s historical sources of support, 2026 could bring significant changes to your financial prospects. We can help you navigate the shifting landscape proactively, so you don’t have to scramble to adjust to new OBBBA provisions.

Fundraising in a new environment

The effects of the One Big Beautiful Bill Act’s revisions to the deduction limits and tax incentives for charitable giving may call for you to overhaul your nonprofit’s traditional fundraising strategies. Begin with scenario planning, mapping out how donor behaviors might change. Consider the different potential impacts and how they’d affect your bottom line in the short- and long-term. How might an uptick in donations attributable to the new universal deduction weigh against a decline in gifts from corporations and taxpayers who itemize?

You may need to retool your fundraising efforts to appeal to existing and potential middle-income donors. Educating these individuals about the benefit of the universal deduction is a critical first step, as many will be unaware of it. Greater effort may be required to engage itemizers and corporations as well. You should focus on your programs’ outcomes to help donors see past the negative tax impact of deduction floors.

Effective onboarding for your nonprofit’s board members

Welcoming new members onto your nonprofit organization’s board is more than a formality. It’s a critical process that determines how effective and engaged they’ll be over the long term. Here are some practical steps to help ensure your onboarding strategy empowers new board members and prepares them to make meaningful contributions.

Clarify roles and provide resources

Start by articulating the board’s responsibilities and individual directors’ roles. Most board members will probably bring professional experience, but they may not be familiar with the nuances of nonprofit governance. Share board member job descriptions that outline fiduciary duties, meeting conventions, committee service and fundraising expectations. New members should also receive an onboarding packet that includes:

  • Descriptions of your organization’s mission, vision and strategic plan,
  • Recent financial statements and budgets,
  • Bylaws and governance policies,
  • Meeting schedules and past minutes, and
  • Key staff and board member bios.

Such documentation enables new directors to understand your organization’s current position and long-term objectives. If you conduct performance reviews of board members, make sure they understand that the job’s responsibilities also involve accountability. You don’t want to spring performance reviews on these unsuspecting volunteers!

Introductory meetings

Onboarding isn’t only about sharing information. It’s also about building relationships. Schedule a welcome meeting with your board’s chair and your nonprofit’s executive director to provide a personalized introduction. Arrange for a board mentor or peer liaison to serve as a go-to resource for questions. And consider hosting informal gatherings or lunches to help integrate new members socially and foster a sense of community.

To ensure that new board members understand the nuts and bolts of the position, host a formal orientation session. Provide new members, particularly those from outside the nonprofit sector, with training on the basics of nonprofit accounting and fundraising. Attendees should be encouraged to ask questions, provide feedback and share their motivations for joining your board.

This is also a good opportunity for new members to learn about the various standing committees and decide where they’d like to serve. It’s essential to let them choose where they want to direct their energy, but you may want to steer them toward a committee that aligns with their skill sets and experiences.

Following up

The onboarding process doesn’t end after one board orientation or introductory meeting. Be sure to follow up with members at regular intervals to assess how they’re acclimating to the role and to provide additional resources and support as needed.

Succession planning — How would your nonprofit handle a leader’s departure?

Even in an egalitarian organization where each staffer’s contributions are valued, the departure of an executive director (ED) or other senior leader can be devastating. If your nonprofit doesn’t have a succession plan, such an event can be even more traumatic. The services, relationships, finances and the very existence of an organization may be threatened. If you haven’t already done so, plan now for a smooth and orderly transition.

Significant consequences

Succession planning shouldn’t be limited to your ED position. Include every employee who’s considered indispensable and difficult to replace due to experience, institutional knowledge, donor relationships and other characteristics. Ask whose departure would have the most significant consequences for your organization and its ambitions. When you look at it that way, you can see why succession planning should be broader than you might first consider. In addition to the ED, you may need to develop plans for high-level staff (for example, the development director) and even board members.

Also, keep in mind the various departure scenarios. Some leaders may announce their retirement a year in advance, giving you plenty of time to plan. However, in other circumstances, a leader could unexpectedly die or become disabled, rendering them unable to perform their job. Consider how you’d handle a sudden leadership emergency. You might, for example, want to nurture relationships with nonprofit headhunting agencies, should you need their services at some point.

Focus on the future

Successors must have specific qualifications to carry out your organization’s short- and long-term strategic plans and goals, which their job descriptions might not reflect. Review and refresh job descriptions to account for any changes to your size, offerings and needs — and keep these descriptions updated.

Remember that succession planning is future-focused, and you should consider the current jobholder’s experience and qualifications only as a starting point. What worked for the last 10 or 20 years might not cut it for the next 10 or 20, so build some flexibility into your nonprofit’s roles.

Groom potential successors

Although you shouldn’t publicize jobs until they’re available, you might want to start grooming potential internal candidates before the need arises. Identify “high potential” employees with the ambition, motivation and ability to move up substantially in your organization. You can assess your staff using performance evaluations, discussions about career plans and other tools to determine who might be qualified a year or several years from now.

Once you’ve identified potential internal candidates, make individual plans for each. Action plans might include job shadowing, which can provide you with insight into how a person would perform in the position under consideration. Also offer mentoring and coaching. For example, if you assign someone a special project, follow the staffer’s progress closely and provide constructive feedback throughout the assignment.

Important: Avoid leaving potential leaders in holding patterns. If they don’t receive timely promotions or other growth opportunities, they may pack up their skills and qualifications and go elsewhere.

Formal document

Although succession plans usually aren’t legal documents, your plan should be a formal, written document that you can easily share with board members and others who may be privy to the details. You should also share the plan’s existence with key stakeholders, including employees, grantmakers, and donors. This will assure them that your nonprofit is prepared and likely won’t be knocked off course if a leader suddenly leaves.

Add “tax reporting” to your special event’s to-do list

Special events, such as galas, conventions and sports tournaments, require an enormous amount of planning. So you’d be forgiven if you pushed “tax compliance” to the bottom of your to-do list. However, tax reporting for nonprofit events may differ from and be more complex than what you’re accustomed to with other activities. So the sooner you start thinking about it, the better.

Reporting requirements

If your organization adheres to Generally Accepted Accounting Principles (GAAP), you typically report revenue and expenses related to special events on your financial statements as net special event revenue. For tax purposes, though, your organization may need to report some of the event ticket revenue as contributions on your IRS Form 990. For example, if attendees pay more for a ticket to a dinner than the dinner’s fair market value (FMV), the excess would be a contribution.

You also must report other special event data on Form 990 if you have more than $15,000 in fundraising event gross income and contributions. Complete Schedule G, “Supplemental Information Regarding Fundraising or Gaming Activities.” It requires your organization to report amounts for individual events that grossed over $5,000. Besides revenue amounts, you’ll need to report these expenses:

  • Cash prizes,
  • Noncash prizes,
  • Facilities rental,
  • Food and beverages,
  • Entertainment, and
  • All other direct costs.

If your event includes gaming, you’ll need to answer a series of multipart questions. You’ll also need to allocate income and expenses between the gaming and fundraising events.

Goods and in-kind donations

Nonprofits often rely on donated services or facilities, as well as the work of volunteers. Although GAAP generally requires nonprofits to record these types of in-kind contributions and, in some cases, the value of volunteer time, the IRS doesn’t include them in contributions or expenses.

Say a local hayride vendor donates $2,000 of his time and use of his truck to your autumn harvest festival. You must report a donation of $2,000 in services on your financial statement, with a corresponding in-kind expense. But you won’t report the amount in contributions or expenditures for tax purposes.

Goods donated for an event, on the other hand, receive similar treatment on financial statements and tax returns. They’re reported as contribution revenue and, when the donations are used, as expenses. For example, if a vendor donates balls and gloves for a softball tournament, the donation is a contribution. When the items are used at the event, they’re an expense.

Role of FMV

Donors may not be aware of tax rules for participating in a special event, particularly if they’re accustomed to deducting the full amount of cash donations. Help them understand that deductible contributions are reduced by the FMV of the benefit they receive (for example, the meal, entertainment, round of golf or souvenir t-shirt).

You should provide donors with a written statement listing their payment amount and the FMV of goods and services received. If their payments are more than $75, tell them to deduct only the excess of their payment over the FMV. Note that it’s the initial payment amount that triggers the obligation, not the amount of the deductible portion. Also recognize that failure to make this disclosure can result in a penalty of $10 per contribution, up to a maximum of $5,000 per fundraising event.

Careful recordkeeping

As with other kinds of financial reporting, good recordkeeping is essential to accurately reporting special events. Track revenues, expenses and related documentation throughout the planning stage, and ensure that data is easily accessible in one place after your big event. Contact us about special circumstances, such as the additional reporting implications of gaming activities or if you think your event has potentially produced taxable unrelated business income.

Not all audits are the same — A rundown of what your nonprofit might need

Nonprofit leaders and staff often regard the word “audit” with dread. After all, audits can be disruptive and cumbersome processes that eat up time and resources. But different types of audits come with other obligations and benefits. Here’s what you need to know before you engage a financial professional to conduct an audit.

Independent financial engagements

An independent — or external — financial audit is probably what comes to mind when most people think of audits. In this type, an independent auditor reviews financial statements, transactions, accounts, records, internal controls, and accounting and financial processes and procedures.

Following such examinations, auditors issue an opinion on whether financial statements:

  • Fairly present the organization’s financial position as of the year-end date,
  • Fairly present the organization’s changes in net assets and its cash flows for the year under audit, and
  • Comply with U.S. generally accepted accounting principles.

Auditors may also provide recommendations and a letter to the nonprofit’s audit committee, discussing the audit process and results. (See sidebar, “The case for audit committees.”)

Internal reviews

Internal audits, on the other hand, are performed by members of the nonprofit’s staff. At a minimum, your team should scrutinize the adequacy of your internal controls and the accuracy of your records and reports, and their findings should be reported to your board of directors. They may go further by verifying proper authorization of activities and expenditures and confirming the physical existence of assets.

An internal audit can help you prepare for an independent audit. If you unearth and remedy shortcomings before the independent auditors arrive, you can streamline the overall process and potentially reduce audit-related costs. Even if you don’t find any issues during an internal audit, you’ll have much of the information auditors require already collected and readily available.

Forensic examinations

A forensic audit of an organization’s financial operations is typically triggered by some type of lapse (for example, a data breach) or suspicion of employee wrongdoing. These audits can focus on specific transactions or areas where concerns about fraud have arisen.

Forensic audits should be conducted by an independent forensic auditor or certified fraud examiner who’s capable of thoroughly investigating red flags. The auditor you engage will approach the process with an eye toward collecting evidence that could be used in court (if necessary) and by quantifying any losses.

Focus on operations

As for operational audits, they can help your organization improve its processes and controls. This type of review evaluates systems, productivity, and efficiency (or lack thereof), and auditors may decide to observe and interview staff members to gather information. An operational audit report provides a comprehensive overview of how your organization operates on a daily basis.

The audit’s focus can be narrow — for example, homing in on HR or IT — or it can be broad. Either way, such audits can help your organization refine or significantly improve its practices. Although it may seem like a drain on limited resources during a time of financial uncertainty, an operational audit can help you achieve more with what you have.

Cybersecurity assessments

Increasingly, nonprofits keep vast amounts of data about donors, clients, staffers and others. Your organization may also be subject to data privacy laws, such as the European Union’s General Data Protection Requirements or various state statutes. It’s essential to determine whether your safeguards are sufficient in protecting such data.

A cybersecurity audit can help determine the risks confronting your organization. These could range from employees using weak passwords or falling victim to phishing schemes to outsiders gaining unauthorized access to personally identifiable information. In addition to determining the effectiveness of your safeguards, these audits propose solutions to address any weaknesses.

Keep in mind that cyber risks are constantly evolving. So cybersecurity audits must be conducted periodically — ideally, at least once a year.

Doing your part

Regardless of the type of audit conducted, you and your staff can ease the process for audit professionals. For example, if you maintain accurate records and everyone in your organization closely adheres to internal controls, you can reduce the time and burden of audits.

Among other things, your nonprofit’s board of directors is charged with fiduciary oversight. One of the most effective ways of fulfilling this duty is to delegate it to an audit committee. A proactive audit committee can both enhance the benefits of an independent financial audit and reduce fraud.

Audit committees are separate from finance committees (which primarily monitor budgets, investments and financial statements). Your audit committee should oversee the conduct and integrity of your organization’s financial practices and reporting, including risk management, internal controls and, of course, the audit function.

The committee must work closely with external auditors, meeting with them before the audit to discuss the work plan. The committee should also review the auditors’ findings before they’re presented to the board and ensure the board responds appropriately to any recommendations. Finally, this committee plays a critical role in combating fraud. It’s responsible for reviewing whistleblower and antifraud policies, overseeing procedures for uncovering errors or illegal acts, and conducting fraud risk assessments.

Handling controversial contributions

Handling controversial contributionsIn economically fraught times, it’s hard to envision a scenario in which your nonprofit would turn down a donation. But suppose that donation has the potential to put your organization in the hot seat because the donor is involved in illegal, unethical or controversial activities. In that case, it may be in your organization’s best interest to refuse the financial support.

Point, counterpoint

The risk of reputational damage is a compelling reason to decline controversial contributions. You might find that some of your current supporters are among the most vociferously opposed to these donations. Disagreements also divert attention from your ethical standards and positive accomplishments, not to mention alienating future donors.

However, arguments can be made to hold on to controversial donations. Not every donor is an angel or operating from purely altruistic motives. Insisting otherwise could drastically reduce revenue. The argument goes that money given to a nonprofit generally benefits society as a whole, particularly when the recipient engages in social welfare work. And, if you turn away funds, you could have to cut programs, dip into your endowment or sell other assets.

Put research front and center

A simple policy that helps prevent later embarrassment and regret is to research all prospective donors who promise gifts over a certain amount. Most nonprofits can’t afford a full-time staff dedicated to donation due diligence. But you might ask a board member or other volunteer to perform some basic searches. At the very least, search the donor’s name online using terms such as allegation, bankruptcy, bribe, controversy, court, fraud, human rights, investigation, prosecution, unethical and scandal.

Web searches can uncover vital information, including the source of a donor’s wealth, possible legal entanglements, support for other nonprofits and the historical business practices of any companies they own or control. Pay particular attention to the person’s public statements, such as those posted on social media, as well as stories from reputable news outlets. If such investigations seem outside your nonprofit’s wheelhouse, you may want to pay a professional background search service to look into more prominent donors.

Gift acceptance policy

Include a research requirement in any formal gift acceptance policy. A policy can help guide you when you need to make an important decision under pressure. If you have to refuse a gift, for instance, you can simply point the donor to your policy.

The policy should explicitly state which donations you’ll accept and which you won’t. Most organizations refuse donations of stolen funds or those clearly generated illegally. But what about “clean” donations that you suspect are given to support a dicey donor’s public relations efforts? What about anonymous gifts? Some nonprofits find anonymous donations risky by nature, but you may decide you can safely accept them.

If you accept donations from controversial donors, you’ll likely need to explain that decision at some point. So, include communications guidelines in your gift acceptance policy. Determine who will speak for your organization, which channels you’ll use and how much information you’ll share.

Surprise!

Also establish a process for handling gifts from donors that become controversial only after you’ve received them. It may help to consider this real-life example where the donor’s business actions directly affected the interests of a charity’s clients.

A pharmaceutical company’s new owner made headlines for dramatically increasing the cost of critical medications. At that point, some of his charitable contributions became public. One nonprofit that supports homeless people, some of whom depend on the drugs of the donor’s company, returned his gift. But the donor’s alma mater didn’t. The educational institution apparently decided that the owner’s business decisions didn’t undermine its academic mission.

Stick to your values

Regardless of where you stand on common gift acceptance scenarios, ensure your policy is clear and explicit. Generally, if a donation appears suspicious or inconsistent with your mission, it’s prudent to decline it. In such cases, be sure to obtain board feedback and ensure that all decision-makers are in agreement.

Tax and legal liability — Ease the minds of your volunteers

Tax and legal liabilityThe number of Americans volunteering for charity dropped dramatically during COVID-19 lockdowns. However, numbers have since rebounded to near pre-pandemic levels, according to the U.S. Census Bureau and AmeriCorps. If your nonprofit is still struggling to find enough volunteers, consider making unfilled positions more appealing to prospective volunteers. How? Start with tax and legal liability. No volunteer wants unpaid work to open the door to extra tax obligations or unanticipated lawsuits.

Answering to the IRS

It may not have occurred to you that federal or state taxing authorities would come after charitable volunteers. But it can happen. Your organization could inadvertently create taxable income for volunteers if you provide them with benefits, services or compensation beyond reimbursements. Reimbursements that exceed actual expenses are taxable. So you should only reimburse actual out-of-pocket expenses incurred while performing volunteer services.

If volunteers occasionally need to cover costs with their own money (for example, purchasing decorations for an event or refreshments for a meeting), inform them in advance that they must provide you with records and receipts of their expenditures. Explain this policy both verbally and in writing.

See you in court

Volunteers also face a risk of being sued for their actions (or inactions) while performing services for your nonprofit. The threat is particularly significant with nonprofits that provide medical services or that work with vulnerable populations such as children or disabled people. However, even simple tasks, such as driving, can result in litigation.

The Federal Volunteer Protection Act of 1997 provides a partial shield for volunteers acting within the scope of their responsibilities. Many states have similar laws to protect volunteers. But the limitations on liability can vary significantly from state to state, with different limits, conditions and exceptions. Consult with your legal counsel to determine if state or local laws might impact your volunteers.

Insurance reduces risk

Keep in mind that volunteer protection laws don’t preempt the need for appropriate insurance coverage. Some state laws explicitly require nonprofits to carry insurance to limit volunteer liability. To minimize risk, carry comprehensive general liability insurance that specifically covers volunteers, as well as Directors and Officers liability insurance. If volunteers will operate your nonprofit’s vehicles, check whether your auto policy covers them and, if necessary, add them as insureds. Larger organizations might consider amending their bylaws to include a broad indemnification clause for volunteers if claims against them exceed insurance limits.

Additionally, consider implementing processes and procedures to mitigate the risks of harm or injury caused by volunteers. For example, devote time upfront to screen and train volunteers appropriately and restrict certain client-facing activities to employees. If you work with at-risk populations, it’s a good idea to perform background checks on volunteers and provide close staff supervision when volunteers are working with clients.

Other ideas

Tax and legal liability may not be top-of-mind for all volunteers, but it’s something you should consider when recruiting them. Other ways to attract people include writing detailed job descriptions or asking potential volunteers how they’d like to contribute to your organization — and then creating positions to meet their needs.