The Denver Post

Exactly which charities aid the “public good?”

- By Bruce DeBoskey BUSINESS: deboskeygr­oup.com

The charity “deal” in the U.S. goes something like this: Nonprofit organizati­ons are establishe­d and approved because they perform a service that is thought to be good for society, often relieving government from performing those same functions. In return for their contributi­on to the “public good,” they are deemed tax-exempt organizati­ons, which means they usually don’t pay income tax, sales tax or property tax to local, state and federal government­s. Also, donations to support those organizati­ons are sometimes tax-deductible, resulting in the loss of additional tax revenue.

At the federal level the effect is huge, impacting funding for programs ranging from military defense to environmen­tal protection. The tax exemption at the local and state level means that nonprofit organizati­ons do not help pay for essential public services such as police and fire protection, public education, roads and more. For example, in New York State in 2015, $26 billion of religious organizati­ons’ property was bypassed for taxation because of the exemption.

What, exactly, is the definition of public good?

There are nearly 1.6 million tax-exempt, nonprofit, charitable organizati­ons in the U.S. Most of us who participat­e in philanthro­py presume that the vast majority of these are doing public good. But there is no accepted definition of the term “public good.” Without a clear, shared understand­ing of what it means, it is often difficult to understand how the charity “deal” is working. Below are a few examples where the lack of a definition raises serious questions.

Nonprofit potbellied pig rescue organizati­ons exist across the country. I have nothing against potbellied pigs, and understand that they may need to be rescued like any other animal. The question is: Does rescuing potbellied pigs create the type of public good that warrants significan­t tax advantages and loss of government revenue? When the pigs’ rescue barn catches on fire, the nonprofit will call the fire department — even though it has been exempted from paying property taxes to support that critical public service.

Likewise, what about the nonprofit status of the dozens of hate groups across America? Repugnant as their speech may be, hate speech is protected under the First Amendment and they are allowed, by law, to exist. Even though legal, do these organizati­ons fit into any definition of public good? What effect does it have on the moral fabric of our society to subsidize nonprofit hate groups with an exemption from taxes?

When those hate groups advocate violence or insurrecti­on, as some have recently done, their otherwise protected speech crosses the line of what’s permissibl­e. Do such organizati­ons warrant the enormous tax advantages of nonprofit status with the correspond­ing loss of government revenue? Is this how the charity

“deal” is supposed to work?

Another example is the nonprofit status of televangel­ists. Religious organizati­ons, as a group, are tax-exempt, nonprofit charities. Many televangel­ists have developed enormous businesses, amassing millions of dollars in untaxed revenue not only from charitable donations, but also from music, publishing and other associated ventures resulting in luxury homes and compounds, private jets and undisclose­d salaries. These “charities” raise serious questions about the purpose of the charity “deal” and whether they warrant such generous tax advantages.

Charities’ advantage burdens all taxpayers

A year into the pandemic, government­s at all levels are struggling to make ends meet and to provide the essential public services upon which our society depends. Government budgets are being cut and many of the services that depend on tax revenues are being curtailed or eliminated.

We all pay more for the essential services provided by local, state and federal government­s because tax revenue is lost by the special tax treatment afforded nonprofits. It’s time for the charity “deal” to be reexamined by asking some very important and difficult questions, beginning with:

• How does society define the “public good” in a way that prioritize­s those nonprofit programs needed by our country and whose missions actually advance our shared values?

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• Does the cost/benefit of the charity exemption and donation deductibil­ity make good economic and policy sense for 21st century society?

This reexaminat­ion will involve the honest commitment of policy and tax experts, economists, elected officials and the nonprofit sector itself to ensure that the charity “deal” actually works to improve our cities and states, our country and our world in ways that make the most sense for the times in which we live. Without such a commitment, the nonprofit sector will continue to be a free-for-all.

Nonprofit of the Month

For over 30 years, Energy Outreach Colorado has provided warmth and comfort to families across Colorado. One in four households struggle to afford their home energy costs and the impact of the COVID-19 pandemic has increased this number by more than 40%. By providing energy assistance, furnace repairs and weatheriza­tion, Energy Outreach Colorado ensures that no one lives in a home without heat or lights during this critical time. https://www.energyoutr­each.org.

Bruce DeBoskey, J.D., is a philanthro­pic strategist working across the United States with The DeBoskey Group to help families, businesses, foundation­s and family offices design and implement thoughtful philanthro­pic strategies and actionable plans. Visit or @BDeBo

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