Nonprofit law
Perlman & Perlman
  Winter 2009-2010


In the News
Charity Watchdogs Denounce Overhead Ratios as Meaningless in Evaluating Charities

Several charity watchdog agencies including Guidestar, Charity Navigator and GiveWell recently announced that donors should not rely on overhead ratios (overhead expense as a percentage of total expense) when choosing whether or not to support specific charities.

The Watchdog agencies now say that donors should focus on the charity's effectiveness when making  philanthropic choices.  Charity Navigator in particular, has announced that it is revamping its rating systems to de-emphasize overhead ratios, so that the ratings will be more useful to donors.  Because a large number of donors and foundations routinely check these watchdogs' ratings of charities, this has not simply been a theoretical issue, the ratings have a real impact on who gets funded and who doesn't.

For years, charity regulators, rating agencies and donors have been debating whether expense ratios (the percentage of spending on program as opposed to other expenses like administration or fund raising) are a valid way to evaluate a charity. In fact, several states have even tried to statutorily require charities to disclose, at the point of solicitation, their fund raising expense ratios to potential donors, but those laws have consistently been struck down by the Courts because they were not narrowly tailored to further a compelling government purpose and thus violated the First Amendment.

Tim Benton of Philanthropy Action (and a member of GiveWell’s board) noted that, “there are plenty of reasons that overhead ratios are meaningless as a measure of effective charities”:

  • They tell you nothing about the impact the charity has on people it’s trying to help

  • The rules for determining overhead costs are vague and every charity interprets them differently

  • Accounting experts estimate that 75% of charities calculate their overhead ratio incorrectly

  • It discourages charities from investing in tools and expertise that would make them more effective

While GuideStar does not rate charities -- it only provides data so potential donors can make their own evaluations -- other groups do issue ratings, and those ratings can be quite influential. The ratings process is not regulated, and as many charities can attest, disagreements about the accuracy or usefulness of the ratings are common. However, change is clearly in the air. Charity Navigator, the largest of the ratings agencies, has said it will now look at the following factors in rating charities on effectiveness:

  1. Financial health – Is the nonprofit sustainable? Does it have robust financial strength to survive in good times and bad? Is the overhead at the extreme end of the continuum?

 2. Accountability – Does the organization have ethical practices, good governance and transparency? Is it accountable to its constituents?

 3. Outcomes – Can the nonprofit supply information about meaningful and lasting change in the communities and lives of the people it serves? Can they show evidence that these changes are a result of their efforts? Do they have systems and processes in place to effectively manage their performance?

It is worth noting that the IRS is also looking at the relationship between good governance and tax compliance, and is actively collecting data about charities’ governance and fiscal practices. The new IRS Form 990 was redesigned in part to require many new disclosures about governance practices.  The data collected through the new Form will probably serve as the basis for changes at both the IRS and the rating agencies.

If you have questions about the rating agencies, rating systems, or are simply wondering how these rules might affect you, please call Allen Bromberger at 212-889-0575. 

 



 
Back to Newsletter
 
In The News
 
· Charity Watchdogs Denounce Overhead Ratios as Meaningless in Evaluating Charities
· IRS Releases Governance Check Sheet
· Better Business Bureau Wise Giving Alliance Loosens Fundraising and Program Percentage Standards
· China Issues New Rules Regarding Tax Deductions for Charitable Donations
· State and Federal Legislation Round-Up 
· Reminder Regarding Form 990 Filing Requirements in 2010
   
 
Issues and Trends
· Labor Law Cases Becoming Prime Fodder For Plaintiff's Lawyers
 
Recommended Resources
· New IRS Compliance Guide Released For Non-501(c)(3) Exempt Organizations 
· Form 990 Filing Tips Issued For Schedules A and L



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