What is a Fiscal Sponsor?
Who Needs a Fiscal Sponsor?
What Does A Fiscal Sponsor Do?
Elements of a Successful Relationship
Finding a Fiscal Sponsor
Being A Fiscal Sponsor
Evaluating the Project-Fiscal Sponsor Relationship
Fiscal Sponsor Checklist
Resources
What is a Fiscal Sponsor?
Getting incorporated and tax exempt takes money, time and energy,
and may distract people from the program they are creating.
As an alternative, people who have a new project, or an idea
for one, often turn to a Fiscal Sponsor to get it off the ground.
A Fiscal Sponsor is a non-profit organization with 501(c)(3)
tax exempt status from the Internal Revenue Service that acts
as a guardian of grants and donations for a Project that does
not have 501(c)(3) designation.
A Fiscal Sponsor is necessary for one good reason: funders
rarely (if ever) make donations to anyone without 501(c)(3)
status. That's because tax exempt status, like incorporation,
bylaws and other formal designations, inspires confidence in
potential donors and funders. It demonstrates that the organization
has a legitimate charitable purpose, has a structure for accomplishing
its goals, and is accountable to the public.
Foundations, and sometimes governments simply cannot give grants
to projects without a 501(c)(3). Individuals often prefer to
give to 501(c)(3) organizations so they can deduct the charitable
donation on their annual tax return.
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Who Needs a Fiscal Sponsor?
Situations that could call for a Fiscal Sponsor include:
- Organizations or projects that can deliver programs effectively,
but don't have support staff;
- Projects that are short term, or temporary, that wish to
avoid the time and expense of applying for a 501(c)(3);
- Pilot projects, that haven't demonstrated long term viability;
- Organizations that are awaiting, but have not received 501(c)(3)
status.
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What Does A Fiscal Sponsor Do?
At the very least a Fiscal Sponsor manages specific grants
made to a Project. For example, it:
- receives the grant and the funds for the designated program;
- writes the checks for program expenses;
- includes the grant in its annual tax return and audit.
It could also take a much broader role. It could, for example,
act as a human resources manager, an administrative coach, or
a fundraising partner.
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Elements of a Successful Relationship
With foresight and planning, a Fiscal Sponsor relationship
can be good for everyone. The sponsoring organization has an
opportunity to further its charitable purpose, and to collaborate
with others. Project leaders have an opportunity to gain skills
and experience through a more seasoned agency.
But willingness alone does not lead to success. Sponsors and
Projects must negotiate the details of their relationship, and
set them down on paper. Project creators will want to be sure
that there is a fair and timely process to access Project funds,
and that the Fiscal Sponsor handles their affairs responsibly.
A Fiscal Sponsor will want to have confidence in the Project's
creators and implementers so that their reputation with funders,
constituents, even the IRS, is not sullied.
The Fiscal Sponsor Checklist that
follows will get you started thinking about the details of a
successful Sponsor-Project relationship.
Finally, don't assume that Fiscal Sponsor services are free.
There are many administrative expenses that will be incurred,
and the Project should expect to pay for them, and build them
into the budget. For example, staff will need to be paid to
process and approve paperwork, write checks, keep records, produce
reports and so on. There may be bank fees, accounting fees or
audit costs. A Sponsor could charge a flat fee, or a percentage
of Project revenues, which could range between 2 and 10 percent.
Agree on the fee in advance, in writing, and list the services
the Fiscal Sponsor will provide in return for that fee.
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Finding a Fiscal Sponsor
Finding a Fiscal Sponsor before fundraising begins benefits
everyone. The Project can benefit by being aware of funder requirements
up front. And the Fiscal Sponsor can avoid the appearance of
a mere "pass-through" organization, which the IRS frowns upon.
To find a Fiscal Sponsor, start by making a list of non-profit
organizations that are familiar with you and your work. Add
to the list organizations with a similar purpose or constituency,
that work in your community. The IRS requires that a sponsored
Project be consistent with the legal purpose espoused by a sponsoring
organization.
Meet with someone associated with each organization on your
list. Introduce your Project, and inquire about the possibility
of a Fiscal Sponsor relationship. Remember that this may be
new to them. Few non-profits have much experience as a Fiscal
Sponsor. Make certain your potential Sponsor has 501(c)(3) status
by asking for a copy of their IRS Determination Letter. Also,
although you may be speaking with the executive director or
another staff member, ultimately it is the Board of Directors
that must approve, or decline, the relationship.
Your local library or Foundation Center can help produce a list
of Fiscal Sponsor candidates. In Southwestern Pennsylvania,
check the Three
Rivers Freenet's list of nonprofit organizations. Or use
the IRS's Exempt
Organization Search. The IRS's Publication 78 lists
organizations with tax exempt status. Request it by calling
the IRS at 800-829-3676.
The Tides Center may be another option. The mission of this
national non-profit organization is to serve as a Fiscal Sponsor
to Projects that promote social change. Visit the Tides
Center web page, or call them at 415-561-6300.
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Being A Fiscal Sponsor
Perhaps you are reading this because you've been asked to be
a Fiscal Sponsor. Keep these points in mind:
- You will be taking responsibility for the funds and their
proper disbursement. The buck stops with you.
- You will be legally responsible for the Project. Make certain
the Project has insurance, or obtain coverage from your existing
insurer.
- If the Project has staff, they may be your employees under
the law, subject to your workers compensation, unemployment
compensation and personnel policies.
- The Project must be consistent with your non-profit mission.
Serving as a Fiscal Sponsor is an opportunity to expand your
organization's impact, but it comes with serious obligations.
Review them carefully with your Board before committing.
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Evaluating the Project-Fiscal Sponsor
Relationship
Once the details have been worked out, decide when to evaluate
the relationship. At least once a year you will want to consider
whether the relationship is still working. What details or procedures
need to be adjusted? What problems have been encountered?
Eventually one party or the other may need to end the relationship.
Perhaps the Project is complete, or funding exhausted. Perhaps
the Project incorporated and obtained its own 501(c)(3) status.
Or perhaps the relationship has not worked out as planned. Agreement
at the beginning on when and how to terminate the relationship,
will mean fewer problems at the end.
| Fiscal
Sponsor Checklist |
| General |
|
| Is the Project consistent with
the Sponsor's mission? |
|
| When will the relationship begin? |
|
| When will it end? |
|
| When will the relationship be evaluated? |
|
| Financial |
|
| In which account will the funds be housed? |
|
| Who is authorized to request disbursements? |
|
| What documentation is required for disbursement? |
|
| When may requests for disbursements be made? |
|
| How quickly will the Sponsor make disbursements? |
|
| Reporting |
|
| What are the IRS reporting requirements for
each party? |
|
| Is an audit required? Who will oversee it? |
|
| Who will report to funders? |
|
| Are there other reporting requirements? |
|
| Fee |
|
| How much is the fee? |
|
| How and when will the fee be collected? |
|
| Other |
|
Are there procedures for using corporate
names and materials for outreach and publicity? |
|
| Whose insurance will cover the Project? |
|
|
|
|
|
|
|
Resources
Colvin, Gregory. Fiscal Sponsorship: 6 Ways To Do It Right.
San Francisco: Study Center Press, 1993. A thorough resource
that provides various models of fiscal sponsor relationships.
Available in libraries and bookstores.
Internal
Revenue Service, Exempt Organization Office is the authority
on becoming a tax exempt, 501(c)(3) organization. Call them
at (877) 829-5500 (toll free).
David Barlow, Executive Director of the San Francisco Foundation
Community Initiative Funds answers frequently asked questions
about fiscal sponsorship, and provides sample agreements for
the Nonprofit
Genie.
The Tides
Center is a non-profit organization that provides fiscal
sponsor services to projects that "promote social change."
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