Professional Documents
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3FH16815K0800610R Major Gift Fundraising
3FH16815K0800610R Major Gift Fundraising
3FH16815K0800610R Major Gift Fundraising
Peter Maple
James K Myers
The Charity First Series aims to provide practical and straightforward
guidance on the challenges confronting charity operations today, with
fundraising in the spotlight. Its individual subjects range from those
concentrating on the UK and Ireland to non-profit issues in the EU and
other jurisdictions, from traditional to digital fundraising and from basic
help for those just entering the third sector to specialist areas for the
more experienced.
For further information and orders see www.charityfirstseries.org
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MAJO R G I F T F U ND R A I SI NG
Taking the plunge
Peter Maple
James K Myers
© James K Myers. Licensed to Angelo Pallanca, pan@monaco.mc
First published electronically in 2011 by Social Partnership Marketing LLP
38 Leconfield Road, London N5 2SN
Revised edition published 2020
Please note that you have bought copyright material. You have the right to save one electronic copy for
yourself, to print out one copy, and to show the material if required to colleagues. However, you cannot
republish the material beyond that. If you wish to do so, contact the publisher for permission.
ISBN 978-1-908595-38-6
Limit of Liability/Disclaimer. While the publisher and authors have used their best efforts in preparing
this publication, they make no representations or warranties in respect of the accuracy or completeness
of the contents of this publication. If legal advice or other expert assistance is required, the services of
a competent professional should be sought.
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CO NT ENT S
Introduction .5
1
It Starts With You .6
The Cause ~ Involving the Trustees
~ Strawberries and Cream ~ Preparing the Ground
~ Initial Research
2
Charity Begins At Home . 10
Rallying the Forces ~ Organise Social Events for the Stakeholders
~ Use the Patrons ~ Use the Volunteers
~ Never Walk Alone ~ Friends and Alumni
~ Keep in Touch ~ Organising Supporter Events
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3
Where Have All The Wealthy Gone? . 15
Reaching Out ~ Is the Prospect Close at Hand?
~ Organisations and Special Interest Groups
~ From Minor to Major ~ The Website
4
Making the Ask . 19
The First Approach ~ Enthusiasm and Persuasion
~ Check, Check and Check Again ~ Where Should the Meeting Be?
~ Who’s at the Meeting? ~ Naming Rights
~ Listen as Well as Talk ~ The Invaluable Plan B
~ Giving Stewardship
5
Tax and Legal Considerations . 25
Tax Efficient Gift Structures
6
Legacies . 27
3
7
Cross-Border Donors . 29
Tax Status of Givers and Due Diligence
~ The More the Merrier
8
Grantmakers . 32
9
Corporate Donors and Sponsors . 35
10
Regulation and the Law . 37
The Code of Fundraising Practice
~ What if there is a complaint about fundraising?
~ Guidance on major donors and major gifts
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Bon Voyage . 40
Appendix . 41
Who’s Out There to Help You? ~ Useful Websites (UK)
~ Useful Websites (Republic of Ireland)
4
IN T R O D U CT I O N
5
1
IT STARTS WITH YOU
Many do not relish the thought of asking for money whatever the amount.
However, in reality it needs to become much more than a simple request
for cash. Think in terms of bridge building, the satisfaction of giving,
how we can all make a very real difference, thus achieving a reason for
celebration and joy. Researchers talk about transformative giving and how
a major gift can change the lives of both the giver and the receiver.
As the fundraiser, whether a paid member of the team or a volunteer,
it is vital that you have a real enthusiasm for your charity’s cause. How can
you engender empathy if you don’t display it yourself ? The type of cause
will, of course, influence the direction of your overall and fundraising
strategy. What is the case for support? Consider the charity’s mission against
a backdrop of other similar charitable causes in the sector or community
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The Cause
As already pointed out, if you’re not enthusiastic, the potential giver is
most unlikely to be either. Define the case as you see it so that it is crystal
clear. If the desired gift is for a particular project, be ready to convince your
listeners that the objective is essential to help fulfil the charity’s mission.
Of particular importance is the need for you to understand your
potential giver’s reasons for considering a gift to your charity in the first
place – what is it about your cause that they are particularly interested in?
6
1. It starts with you
With this understanding of their motivation, if you can explain how their
gift will help to advance a mission with which you already know them to be
in sympathy, then you can begin to establish a bond between the potential
giver and your charity.
Remember that your case statement needs to answer, at the very least,
the three questions any potential funder will be asking themselves. Who
are you? Why are you doing whatever it is? And why should I support you?
There is also an old sales adage that suggests, ‘you’ve got two ears and one
mouth, use them in that proportion’. That is to say it is vital to hear what
your potential giver would like to see from the gift. It may be the same as
you, a change in the world, a life improved. But, it may be quite different.
It may be about remembering a loved one or simply facilitating something
they would like to see happen.
At all costs, avoid what is known as ‘smash and grab’ fundraising, i.e.
appearing to potential givers as being unprepared and in a hurry – ‘you’ve
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got money and we need it’! Go to meetings prepared to explain the need
for the gift or the project and be able to answer all the questions put by the
potential supporter and his/her advisers (who may well be present, as may
representatives of foundations), including their expectations.
Always make sure that you have with you budgets, costings, detailed plans
and anything else you might need to make the best possible presentation
of the project or cause. And remember that sales adage. Listen to what the
potential support wants and ask them for their advice.
like strawberries and cream, so internally always ensure the fundraisers can
talk openly with the charity finance people. An open sharing of information
helps fundraisers to understand the need for funds to cover core costs and
how to articulate what can often be a difficult ask to a supporter’. The
closest cooperation between communications, finance and fundraising is
vitally important to ensure that everyone is on the same page and to avoid
fundraisers going off on their own personal crusades for projects they like
or feel they can raise funds for.
There is a further truism that everybody in a charity is a fundraiser. That
is, they have the ability to provide enthusiastic, informed support when
asked. Potential givers may well want to speak to those on the ground
delivering the service or project. In a similar way the chief executive must
be fully engaged and willing to enter into those dialogues.
8
1. It starts with you
This advice has stood me in great stead when reaching out to both existing
and new potential supporters and grantmakers’.
Initial Research
As suggested earlier, find out, to the extent possible, what other charities,
both those based locally and those operating in your field, are doing
to raise funds generally and major gifts in particular. Use websites and
the media, and for local charities study the local press. Find out which
professional organisations in your locality (for example Rotary, Round
Table, Soroptimists and business clubs) might take an interest in your
organisation or be in contact with affluent members of the community. For
the same reasons, you could also explore contacts with legal, accounting,
financial (wealth) advisers and other professional services working in or
with the non-profit field.
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2
C HAR I TY B EG I NS AT H O M E
The major gift strategy must begin not only with the board of trustees,
but also with the CEO, staff, patrons and key volunteers. Without their
unstinting support and enthusiasm, your efforts are probably doomed, and
so this is the critical element in the campaign preparations. If you cannot
engender internal support for the campaign what hope is there externally?
Without the commitment of the board and other stakeholders you will
wind up feeling lonely and very disenchanted. In fact, the trustees need
to be the charity’s ‘ambassadors-at-large’, networking with their peers and
friends in order to raise the institution’s profile in the local community and
widen awareness far outside it.
Ideally, the trustees (and you!) will each make a donation (appropriate to
their means), as otherwise you will all lack credibility and conviction when
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10
2. Charity begins at home
be over emphasised and it is most likely that this process will need to
start with you! Fundraising efforts frequently fall down because of lack of
engagement by stakeholders such as trustees, staff, volunteers and patrons...
but it’s the fundraisers who get fired! It’s part of your role, as fundraiser,
to keep everyone energised with your own enthusiasm. One will need to
have lively discussions with the trustees on their vital role in supporting the
fundraising efforts. So, make sure not only are you all on the same team but
that you all have the same script.
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2. Charity begins at home
information they have about potential supporters. Don’t let them hide their
contacts under a bushel!
12
2. Charity begins at home
carefully, focusing on those who could well be major gift prospects. Watch
the local and national press, and network to hear about life changing events
or circumstances that might influence a substantial donation or, perhaps, a
legacy gift. Here again, there is a need for the support of the admin team
in updating records and the database. Addressing a letter to the wrong
partner or even using the wrong salutation is unlikely to win you friends let
alone a big cheque! The more one knows about the major gift prospects,
the more one can fine tune the approach. And the more known about
the charity’s stakeholders, the more helpful they can be. Just for starters,
whom, for example do they know?
Keep in Touch
All givers, whether individual or corporate, and whether current or through
a legacy pledge, like to feel part of the charity and its projects. Does the
charity have a newsletter? If so, use it to send regular updates of what’s
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13
2. Charity begins at home
and will remember where they were made. One outstanding example of
this is what is known in Atlanta as ‘Friday Nights are Martini Nights’ at the
Fernbank Natural History Museum. These are held over several months
of the year and consist of offering martinis and other refreshments as
well as light food in the museum’s lobby on a given Friday evening. There
is an optional film showing in their IMAX cinema, but mainly people
come along to meet others. One by-product of this programme is that the
Fernbank has become the No. 1 professional meeting place in Atlanta. But
those who attend, especially regularly, cannot fail to develop an affinity for
the Fernbank Museum. Think of how something like this could help your
Friends’ recruiting!
they are held. They will almost certainly be a winner for attracting further
donations as well as thanking existing givers and other stakeholders. And
why not have the admin team (suitably briefed) attend some of the events
so that everybody gets to know the organisation better? Similarly don’t
lose any opportunity to publicly thank supporters (if they wish it) as it is
something that can also help to encourage others to follow suit.
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3
WHE R E HAV E ALL T H E WEA LT H Y G O NE?
One knows that somewhere out there will be multi-millionaires with the
capacity to invest in your charity, but they just don’t yet know you. How
do you find them? They may seem as elusive as the Scarlet Pimpernel, who
did his good work in saving people from the guillotine anonymously. For
guillotine read survival in the case of your charity.
Possibly the benefactor will find you. S/he might be writing that cheque
at this moment. Unfortunately, one can’t rely on serendipity, although it
does happen, and the more communications and preparation you do, the
more likely it is to happen. Alumni might visit Britain on a trip, call in
to see the Alma Mater and get carried away with the mission or latest
project. Someone might walk in and want to discuss donating their entire
art collection for your charity’s benefit. So always be ready to make the case
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for a major gift, whether it is in the form of cash today, tomorrow or even
in kind. More practically, however, expect to have to do research, do more
research and initiate contacts with major gift prospects, wherever they may
be.
Here’s what Sarah Gardner of ATEGhana has to say about serendipity
when she started the charity in 2012. ‘Although I could confidently raise
some money through the usual community fundraising events, I realised
quickly that £200 from a Race Night would not sustain an international
organisation (albeit very small), with already many hundreds of beneficiaries
and soaring costs. A few months in, when I spontaneously received a £4,000
cheque from a parent of a child at a Scout Group I had talked to, my eyes
lit up and my dreams for the people of Lawra suddenly seemed within
reach’. She continues talking about the importance of having a strategic
plan. ‘8 years later, the “take every opportunity” approach has formed the
bones of what is now an excellent and carefully thought-through, integrated
fundraising strategy. My small team have raised over a million pounds –
with a large proportion of this being given, or facilitated by, major givers’.
Sarah has learned that one must be aware that there are two aspects of
giving to consider: capacity to give and propensity to give to your cause.
Research can help identify and ensure that both are present before the
ask is made. There is also a tendency to think of major givers only as
individual supporters but grantmaking organisations and local corporates
15
3. Where have all the wealthy gone
or sponsors might also support your cause (see more in chapters 8 and
9). Research begins close to home, and local sources will be important in
helping the charity’s survival, whether they are individuals or organisations
or companies.
It is also a vital precept that once found, a key supporter must be
cherished. Develop the relationship and make it a marriage, not a one-
night stand! However, returning to the vital question: how do you find the
prospect in the first place?
Reaching Out
Some sixty per cent of the UK population gives regularly to charity1 so there
are major givers out there somewhere – but where? Without a sophisticated
matching service or dating agency for givers and charities this is a huge
challenge. One needs to reach out through the media and cyberspace.
One part of the work is to liaise closely with your PR or communications
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department, if you have one. If not one may well be handling PR assignments
oneself. Whether working alone or with a communications department it
is valuable to formulate and craft the message(s) you want to put over to
potential givers. Communications is about much more than fundraising but
it is very hard to fundraise in a vacuum. Appropriate fundraising messages
will help to reach out and widen the charity’s appeal to potential supporters.
The Website
What is the current state of your organisation’s website? This is arguably the
The Information Commissioner’s Office (ico.org.uk) provides resources related to ‘Fundraising and
2.
data protection’.
17
3. Where have all the wealthy gone
best showcase there is and it is likely to be the first place that prospective
supporters or their advisers check. It is vital therefore to ensure it projects
an image that is going to reassure them that the gift being considered
will be well placed. Coherence of messages big and small are important.
For example, does your website have a ‘.org’ domain? This is not a legal
requirement, but a ‘.org’ address indicates that the organisation is a ‘not-
for-profit’ – good psychology!
Make sure the website is up-to-date (and kept up-to-date) in every
respect. Is it exciting? Does it include future plans as well as current projects?
Does the ‘About Us’ page clearly explain who’s who in the organisation –
preferably with photos – and a summary of the charity’s history? Does it
give recent financial information and management reports? Does it include
your charity registration number prominently (and company number if you
have one)? Importantly, does it ask for donations online with a secure
payment facility? Does it suggest legacies? A well-executed website will
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18
4
M A K I NG T H E A SK
Research3 demonstrates time and time again that people give first and
foremost because, ‘I was asked.’ A cardinal fundraising sin is therefore not
to ask, but who makes the ask, and when, are critical factors influencing
the success or otherwise of major gift fundraising.
Judging how and when to make the case to a potential major giver
and then the ask, is a skill acquired through experience and reflection.
There are however some basic considerations. Who exactly is best placed
to make the ask? How many should attend the solicitation meeting(s)? Plan
and agree beforehand who will present and who actually will ask for the
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gift. The same research cited above also suggests that people give most
generously to those whom they admire and respect – and who themselves
have given. Where is the meeting to be? These matters would depend very
much on who is the prospect’s closest contact in the organisation: one
of the trustees; the CEO; a volunteer; a patron; another giver or as a last
resort, you (better that you ask than nobody)? Will the meeting be with the
supporter alone or will their spouse be present? There may well be special
dynamics here to watch out for, such as unease on the part of either of
them.
If you already have fundraising experience then consider holding some
‘role play’ sessions with colleagues who are to make the ask before meeting
the prospect. These can be entertaining but important rehearsals for that
vital meeting. However, rejection must also be rehearsed as well as success,
since one needs to learn what No feels like and have some valid ‘call back’
or fallback options. One good rehearsal is for the asker to attempt to keep
a focused discussion on the objective of the meeting, i.e. the gift, whilst the
prospect goes down many conversational cul-de-sacs – without of course
the asker implying that s/he is only interested in the gift. The two ears one
mouth adage is very helpful here. Listen carefully to what they tell you
and ask about. What would they like to see resulting? Can you make that
happen?
Be open and prepared to discuss basic tax issues and alternative giving
3
Peter Maple: Marketing Strategy for Effective Fundraising, 2nd Edition (DSC, 2013).
19
4. Making the Ask
involved in the organisation who knows the prospect well enough to contact
them directly? Could this person help to break the ice by telephone? Has
the prospect already had contact with the charity over something else?
If not, the choice would be either a letter or a telephone call. A letter
might be preferable to a ‘cold’ telephone call if nobody has already met
the prospect. Email is generally not recommended for a first approach,
because it is too easy to ignore or refuse. If the telephone is an option, be
ready to explain with confidence to a PA or assistant the reason for the
call. A telephone conversation is almost certainly the best way to gauge a
prospect’s receptivity and may well provide guidance on how to progress
to that most important objective: the first meeting. If s/he has a title make
sure to use it correctly, both face to face and to any staff – whether on the
telephone or by letter.
20
4. Making the Ask
21
4. Making the Ask
of the donor’s feelings about the charity and the fundraising team – the
less personal the less likely the gift will happen at that meeting.
Normally, no more than two people from the organisation would attend
and it must be agreed in advance as to who will make most of the running.
Never get into an argument in front of the prospect (think this hasn’t
happened?).
If a spouse is present, remember to involve both parties in the discussion.
If an adviser is present, don’t ignore him/her. Make spouses and advisers
feel an integral part of the negotiations. Every so often allow for a silence
sufficient for anyone to voice objections, issues or questions. Otherwise
these might not be answered and the meeting will peter out unresolved.
Naming Rights
On specific projects where appropriate, consider offering naming rights
such as for new wings and suites. For example, ‘Would you have any
objection, Mr and Mrs Smith, to our calling it the Robert and Jane Smith
Wing of the XYZ Hospice?’ or, ‘As you’re considering a gift in memory of
your late husband, Mrs Smith, would you have any objection to our calling
it the Robert Smith Memorial Wing?’
Naming rights can be a key selling point in a major gift or legacy
solicitation but tread very carefully. Some prospects might jump at it, others
might recoil and others might insist on complete anonymity. This is where
knowledge of the potential giver’s motivations will help to decide what is
most appropriate. Discuss the proposal thoroughly beforehand with the
trustees and CEO, and check the gift acceptance policy, if one exists, as
this might include the subject of naming rights. Difficulties could arise for
22
4. Making the Ask
instance, if Robert and Jane Smith get divorced and object to being linked
so publicly. If the givers are in favour of accepting naming rights a formal
agreement will have to be prepared, and, of course, don’t underprice
it. Naming rights is one area where you ought to consult experienced
fundraising experts to minimise the risk of lawsuits should something go
wrong. Generally, one can only ‘sell’ the naming rights once, although later
donations by the Smiths or other parties can be sought.
23
4. Making the Ask
the right ask at the right time!’ One might also add is there a better placed
person to make an ask?
Giving Stewardship
Now for the good news. The gift has been secured. The work is however
far from over. Cultivation of the giver now has to be transformed into
stewardship. It’s up to the fundraisers to make this process not a chore but
natural and enjoyable. Both fundraiser and giver should be proud of what
the charity is achieving with the gift. Communicate what is happening,
whether it is a boast about progress or an apology that something has
gone awry or perhaps delayed. Whether informally or on formal occasions,
such as a ceremony, invite the giver to have a look around. If the charity
has a newsletter, feature an article about the gift and include progress
reports about the project that has been funded. Work out every practical
way to keep the giver involved in the cause, especially if the gift is tagged
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5
TA X A N D L EG A L CO NSI D ER AT I O NS
When dealing with major gifts, tax and legal considerations can assume
much greater importance than with small donations where Gift Aid is
often a routine process. In structuring major gifts, a degree of tax planning
will normally be required to maximise the tax-efficiency of the gift. For
example, using Gift Aid carry-back provisions and evaluating the efficiency
of non-cash gifts of shares, property and other chattels in contrast to
cash gifts. Fundraisers should not ‘play lawyer’ but ensure that the giver
has made sure that expert tax and legal advice is obtained as required.
Of course, the giver may well have his or her regular tax advisers in place
and will be relying on his or her own advice rather than seeking to rely
on your knowledge. While recognising the importance of these issues to
givers it is worth taking a step back and reminding oneself it is for an
© James K Myers. Licensed to Angelo Pallanca, pan@monaco.mc
individual’s advisers to provide the necessary tax input for the giver. In
addition, perspectives on tax avoidance in the UK have perhaps moved
to a more cautious approach particularly following the introduction of
the General Anti-Abuse Rule (GAAR)6 and so you may wish to exercise
an appropriate degree of caution if asked to participate in any novel tax
efficient structures for major gifts to protect the charity and its reputation.
Additionally, one should keep up to date on the main issues in tax
efficient giving by individuals. Get to know the best practitioners so that,
if needed, you know who the prominent experts in this field are. They may
be willing to offer pro bono advice and occasionally even have some clients
interested in supporting you.
6
For full details, search for ‘GAAR guidance’ at www.gov.uk.
7
For full details, search for ‘Inheritance Tax Manual’ at www.gov.uk.
25
5. Tax and legal considerations
the ability to receive relief equal to 30% of the value of the object from
income tax and capital gains tax when pre-eminent objects are donated to
the nation. There is also the option for the tax relief to be spread over 5
years.
If the giver is a US citizen or resident, one should be aware that the
US has a variety of ‘planned giving’ structures available to US givers, such
as the Charitable Remainder Trust (CRT). This is a simple trust agreement
whereby a donor makes an irrevocable gift to a charity in exchange for
income for life or for a period of years. The trust may be funded with
cash gifts, appreciated securities or real estate, among other assets. At the
time the trust is set up, the donor may get an income tax deduction, avoid
capital gains tax, and ultimately save estate taxes. After the donor’s lifetime,
whatever remains in the trust passes to charity.
It is useful to have some knowledge of these US-style gifts that also
include ‘charitable gift annuities’ which, may at some point become available
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26
6
LEG ACI ES
So far, the focus has been on lifetime gifts but legacies should be an
important part of a fundraiser’s strategy and plans. High house prices in
many parts of the country and increasing numbers of people dying has
resulted in record levels of legacy income being recorded in recent years.
Over and above ‘excess deaths’ due to the pandemic the large post war baby
boomer generation are beginning to die in larger numbers and charitable
legacies are set to rise from £2 billion pa to £4 billion pa over the next few
years8.
Depending on how solicitation attempts for a cash gift from a prospect
have been going, legacies are always an alternative to an outright gift or
an additional gift at a later stage. But, how to broach it? Inexperienced
fundraisers are often hesitant about suggesting a legacy gift or pledge.
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27
6. Legacies
that the pledger discusses his or her intentions with family members and
takes professional advice from legal advisers. It is essential that a qualified
solicitor or will writer draw up the will, but the choice of solicitor must
be left to the pledger. It would be useful to have with you handouts that
emphasise the case for support together with the benefits of seeking
professional advice and involvement.
One small but important point is that the organisation’s exact name as
beneficiary should be used in the will, together with its registered charity
number. This can help to avoid confusion at a later stage as occasionally
charities are misidentified in the will and confused with another charity of
a similar name or cause. There are also provisions setting out what happens
if a named charity is no longer functioning and therefore unable to receive
a legacy gift at some point in the future. The Register of Charity Mergers
has also helped to avoid the loss of legacies to charities that have merged
or been wound-up. Under section 311 of Charities Act 2011, any gift to
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a charity that no longer exists and has merged with another will, unless
specifically excluded in a person’s Will, go to the new merged charity.
Think of ways that the charity can recognise legacy pledgers in their
lifetime, for example a Wall of Honour. Treat pledgers as major givers,
providing social opportunities and events for them to meet and keep
them involved in your charity’s progress. Pledgers will usually appreciate
such acknowledgement of their planned legacy gift during their lifetime.
Currently the average specific gift to charity in a will is approaching £5,000
and the average residuary gift is nearer to £50,000 – a major gift in anyone’s
book.
From a tax perspective, where at least 10% of the assets are left to
charities a reduced rate of inheritance tax is payable (from 40% to 36%).
28
7
CRO SS- B O R D ER D O NO R S
Suppose that the giver has been found (or s/he’s found your charity) but
they are resident in a foreign country.
It is not at all unusual today for a giver to be resident in one jurisdiction
and to support an organisation in another. In such cases, the first practical
issue of concern for the person is usually how s/he gets the (cash) gift to
the organisation in the most tax efficient way. This boils down to how tax
relief on the donation can be obtained in the jurisdiction where the person
is tax resident.
There are two possibilities here. As a matter of EU law, it is currently
possible for the giver to apply for tax relief from his or her local tax
administration for a gift made directly to a charity in another EU state.
However, the ease with which this can be achieved varies throughout the
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EU and may only be available where a charity meets the test for eligibility
for tax exemptions in the donor’s jurisdiction. European charities have not
found it straightforward to register with HMRC and very few have managed
to successfully register to receive UK charity tax reliefs on gifts. With Brexit
terms under negotiation at the time of writing it is also difficult to say how
long this option may remain open to UK charities with European givers.
An alternative that may prove administratively and legally simpler
is for the giver to channel the gift through an established intermediary
organisation such as Transnational Giving Europe (TGE), which operates
over 21 partner countries10. In this case the giver would make the gift to
the local TGE partner foundation in his country of residence and thus get
the appropriate domestic tax receipt. This organisation would then transfer
the gift to the TGE partner organisation in your country, which typically
operate as Donor-Advised Funds (TGE’s UK partner is the Charities Aid
Foundation (CAF) and the Irish partner is the Community Foundation
for Ireland). The TGE network facilitates tax efficient gifts between the
majority of EU member states. It must be hoped that this facilitation of
tax efficient giving may continue to assist UK charities even subsequent to
the UK leaving the EU.
Note that there is an administrative fee payable for this service, which
varies depending on the amount of the prospective donation.
If the giver is a US citizen or taxable in the US, a US charitable
foundation, generally referred to as a 501(c)(3), will be required to be the
10
See: www.transnationalgiving.eu
29
7. Cross-border donors
intermediary in order for the giver to get a US tax deduction for the gift. If
the giver is a US citizen but resident in the UK (i.e. a dual taxpayer), there
is a special type of ‘dual qualified’ charitable foundation vehicle that will
usually provide for optimal tax efficiency on both the US and UK sides.
The reason for this is that US citizens are, in principle, taxable on their
worldwide income by the US. CAF, Chapel & York and NPT Transatlantic
are three UK-based donor-advised funds that can provide this gift transfer
service (see appendix).
If the foreign-based giver is considering a legacy gift then there are
other considerations that will almost certainly require legal advice for both
the pledger and the charity. Within the EU, at least in principle, donors
should be able to leave a legacy to a charity in another EU state without fear
of punitive taxation by the tax authorities in his home state. The position
for UK donors remains uncertain, following the UK’s departure from the
EU. Historically, a legacy gift to a foreign charity by a UK resident risked
© James K Myers. Licensed to Angelo Pallanca, pan@monaco.mc
being taxed at 40% (this being the rate at which inheritance tax is payable)
and this may well continue.
One other issue that the pledger and the charity may need to be careful
about is the existence of ‘forced heirship’ rules in Civil Law jurisdictions
(most countries in Europe except for England, Wales and Ireland). In
essence this means that a giver resident in one of these jurisdictions may
not have the right to leave a legacy above a certain amount if it does not
respect the amount of the estate that is reserved for heirs.
Finally, on the subject of cross-border legacies, a word of caution. If
the charity receives a letter out of the blue from a ‘law firm’ informing that
the charity has been left a legacy gift, but that certain formalities must be
satisfied first, including the payment of a fee, be very wary.
30
7. Cross-border donors
11
See guidance here: https://www.gov.uk/government/publications/charities-due-diligence-checks-
and-monitoring-end-use-of-funds
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8
G R A NT M A K ER S
Up until now, major givers have been considered as individuals, with only
incidental reference to grantmakers, who include trusts, foundations,
professional bodies, lottery funds and companies (see Chapter 9) as
potential major supporters. However, these sources of income should be
high on a fundraiser’s list of priorities, although their dynamics are quite
different from those applying to individuals and need to be considered
separately. For one thing, you are unlikely to be meeting face-to-face with
a grantmaking trust or foundation panel (initially, at least). It is also vital
to recognise that many trusts are, in fact, simply the giving vehicle for
wealthy individuals, families and occasional groups. These generally should
be researched and considered firstly through the individuals themselves as
major givers. The vehicle is secondary (as are the tax considerations) even
© James K Myers. Licensed to Angelo Pallanca, pan@monaco.mc
if a formal application has to be made to the trust after the individual has
agreed an approach.
Depending on how you define them, there are well over 10,000
grantmaking trusts and foundations in the UK alone12. Some of these
are listed in commercially available directories and reports from specialist
providers13. But remember, before polishing a first approach by letter, to
take a careful look at what kind of causes a given trust or foundation
is likely to support and tailor the application very specifically. The same
applies to lottery applications and those to professional bodies. Ensure, at
the very least, that the trust does support your area of work.
Take care to follow the funder’s exact requirements for submission of
an application including how it should be submitted, i.e. by post or email.
If not, you risk wasting the grantmaker’s time as well as your own. You
should take particular care with both the information you submit in your
application and also how you word your cover letter (if required). Try to
put yourself in the place of the application’s recipient and consider how it
will come over to the grantmaking organisation.
If successful with a grant, don’t forget to thank the organisation
promptly and plan how reporting obligations will be managed. Neglecting
to do this is more common than you might think, and a cardinal sin. If there
12
At the time of publication, the Charity Commission and the Scottish Charity Regulator together listed
some 22,000 charities as being grantmakers of varying types. Many of these however will have narrowly
defined beneficiaries.
13
Including Social Partnership Marketing’s Invisible Grantmakers.
32
8. Grantmakers
are no formal reporting obligations, common sense would also dictate that
you provide the funder with frequent updates on how your project is doing.
Ask the funder at the outset what is expected from you. They will have
already made it clear what formal restrictions come with the grant, but
there may well be side issues to be explored. Trusts generally give in order
to see the promised outcomes come to fruition, so report your successes
and explain any problems.
There are also directories of overseas foundations available, both in
print and online (some are listed in the appendix). If you are tempted to
apply to grantmakers in America for example, you should think carefully
about the likely appeal your organisation or cause would have to US funders.
Two examples illustrate what might or might not be attractive to them. The
first, a UK residential care home for the elderly, would not likely be a grant
winner from the US. There are plenty of care homes for the elderly in both
the US and the UK and they are probably best supported by local funders.
© James K Myers. Licensed to Angelo Pallanca, pan@monaco.mc
33
8. Grantmakers
14
See ukcommunityfoundations.org
15
See www.cafonline.org
34
9
C O R POR ATE DO NO R S A ND SP O NSO R S
more senior, the better. Corporate support can take several forms: outright
donations, in kind support, ‘partnering’ and sponsorship.
Make no mistake, the company will want something out of whatever
deal is negotiated, but up to a point this is reasonable. Maple’s ‘Spectrum of
Philanthropy’ (2008)16 regards much corporate giving as ‘enlightened self-
interest’. Even individual givers often want satisfaction and recognition.
When dealing with corporate executives, therefore, be prepared to be
businesslike in any approach and be ready to respond to their need for
leverage. Don’t respond too rapidly or too generously if in any doubt at
all about the wisdom of the deal. Colleagues in the charity may have to
be consulted, not to mention the trustees if there are important issues
involved. Corporate Social Responsibility (CSR) budgets can be substantial
but they will have strategic objectives to which your cause must add value
if you are to succeed.
Do not attend meetings with too many preconditions in mind. Again, If
the company’s owner(s) are personally interested in the cause or project, one
might need to create an opportunity to treat them as individual supporters.
Remember that companies don’t make decisions, people do.
Otherwise, continue to press for the corporate support that was
originally sought. Would this company consider the charity to be its ‘charity
partner of the year’, for example? Be realistic as this can take years to
negotiate. Also think about any opportunities for naming rights, which
16
Maple, Peter, 2010, The Spectrum of Philanthropy, APAS Papers 157, Academic Public Administration
Studies Archive - APAS
35
9. Corporate donors and sponsors
can be a popular offer for companies, though again your colleagues and
trustees must be fully in the picture. Invite corporate prospects to events
just as for individual donors and keep in touch with them.
In order to attract corporate support, it’s important to be aware of the
need to offer something back, as the company’s interest in supporting you
may well go further than pure philanthropy. It’s therefore necessary both
to make a good case for why they should support your organisation and to
identify what benefits they can expect as a result.
There can however be hidden risks in the best of offers. As Peter
Hendley points out: ‘The requirement for a charity to undertake due care
and diligence in accepting a major gift is an issue that most charities may
need to address. One practical solution might be a traffic light system. Red
is those sectors and types of businesses with which a charity might not
want to engage or take money, e.g. arms companies, tobacco producers,
etc., as they carry the greatest risk of reputational damage by association.
© James K Myers. Licensed to Angelo Pallanca, pan@monaco.mc
Green is those companies with which we will engage and present least or
minimal risks, e.g. optical equipment. This leaves yellow, which is those
companies where frankly it is not that clear cut and deeper research needs
to be undertaken to make a judgement. It’s never easy but having some up-
front agreed protocols and processes17 helps.’
The path is seldom easy and will take time as corporate budgets are
often already committed for two or even three years, but the destination
can ultimately be crucial to the survival of your charity.
17
See reference to Gift Acceptance Policies on page 21, above.
36
10
R EGULAT I O N A ND T H E LAW
38
10. Regulation and the law
20
The use of bold type for must here indicates this to be a strict legal requirement, independent of the
requirements of the Code of Fundraising Practice.
21
See: IoF guidance on Major Donors
39
BO N VOYAG E
As mentioned earlier nobody should let a situation develop that could cause
someone to complain. Sensitivity to anyone’s habits, beliefs and behaviours
(within the law) are crucial to good fundraising at any level. For fundraisers
involved in major gifts this is a fundamental to ensure that it is indeed
the most rewarding area of the fundraising mix. This can be expressed as
a question, as in what other arena can one deal on a daily basis with the
most interesting, indeed fascinating, cross-section of people? Yes, they can
be quirky, eccentric, demanding, temperamental; but they can also be the
most easy-going people in the world. What they very rarely are, however,
is boring.
Engaging and working successfully with major gift prospects presents
a challenging and memorable experience, not only individually but for
the charity, whose continued survival might be ensured through those
© James K Myers. Licensed to Angelo Pallanca, pan@monaco.mc
gifts. Furthermore, the icing on the cake might indeed be some lifelong
friendships.
As Robert Louis Stevenson said, ‘To travel hopefully is a better thing
than to arrive’. For major gift fundraisers, both bring rewards. The way to
success is to travel hopefully and with enthusiasm. And as for the arrival,
remember that Stevenson also wrote Treasure Island.
40
Appendix
HM Revenue & Customs – Charities and tax: The official site for UK
tax guidance for charities and charitable giving, including information on
tax obligations and reliefs.
www.gov.uk/charities-and-tax
b) Other Organisations:
Art Fund: Formerly known as The National Art Collections Fund, the Art
Fund helps facilitate gifts of art and pre-eminent objects to UK institutions
and publishes A Guide to Giving Art, downloadable from the site.
www.artfund.org
42
Appendix
Law Society Gazette: Publishers of Law Society Gazette Charity & Appeals
Directory and Spring Legacy Appeals Directory, published respectively in
© James K Myers. Licensed to Angelo Pallanca, pan@monaco.mc
December and April. Inclusion will ensure that your appeal is targeted to
will writing solicitors and their clients.
www.lawgazette.co.uk
43
Appendix
44
AB O UT T H E AU T H O R S
45
The Charity First Series
For the full list of titles in the Charity First Series, see our publications list.
Titles include:
Beyond the Collection Plate - Developing Church Income from Different Sources
Effective Media Relations for Charities – What journalists want and how to deliver it
Legacy Fundraising from Scratch
Organising and Operating a US Charity – A guide to US 501(c)(3) Organisations
Prospect Research
Raising Funds for Your School – A comprehensive guide
Raising Funds from Grant Makers
Structuring Not-for-Profit Operations in the UK
The Gift Aid Guide
Also published by Social Partnership Marketing
Invisible Grantmakers - an annual listing of unpublished grantmaking trusts.
See www.socialpartnershipmarketing.co.uk for further details.
ISBN 978-1-908595-38-6