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Gordon Campbell

Gordon Campbell

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The Cost of Taxing Nonprofits

Posted: 05/ 7/10 11:38 AM ET

It's no secret that nonprofits provide important services that improve the lives of individuals, families, and communities. From large social service and cultural organizations to small community health centers and food pantries, we occupy a unique position in our economy and society at large. As a result, the sector was designed, by its nature, to be a tax exempt sector, allowing organizations to maximize their impact.

That status, however, is in jeopardy as state governments--including New York--consider eliminating the tax exemption for nonprofits.

The national trends are alarming. Recent tax proposals that will significantly impact nonprofits include:

• Two dozen mayors in Pennsylvania recently lobbied the state legislature for authority to extract new revenue from nonprofits through sales taxes, and reimbursements for tax exempt properties.
• In Kansas, lawmakers are trying to raise approximately $182 million by making nonprofits subject to the state's 5.3 percent sales tax.
• In Minneapolis last year, lawmakers adopted a "streetlight fee" on roughly 1,600 nonprofits.
• Boston and some other municipalities have reached "voluntary" agreements with nonprofits, who "donate" funds to cover municipal services.
• City officials in Honolulu are considering proposals to close budget shortfalls by imposing property taxes on nonprofits.

By imposing new taxes on nonprofits, I fear that policy-makers have forgotten why the tax exemption was put in place: nonprofits provide a service that relieves some burden that would otherwise fall to federal, state, or local government. Put differently, the government relies on nonprofits to serve community needs that the government cannot, or chooses not to, address on its own. These services are even more important during tough economic times, as government funding is reduced and demand for services increase. Over the past two years, we've seen the nonprofit sector step up time and time again to provide essential services. Now is not the time to add additional pressures to the fragile fiscal state that many nonprofits are in.

Do we need to find a way to draw down our national and state debt levels? Absolutely. But taxing nonprofits is not the answer. Every dollar reallocated to pay a tax burden is one dollar less that a nonprofit will have to provide much needed programmatic services. If you think about it, the current trend is fewer charitable dollars and an exponential increase in the need for services. Taxing nonprofits would just exacerbate this phenomenon.

The donation-based income structure used by many nonprofits would also be complicated by taxation as well, since a portion of any donation would be going straight to government coffers. When people donate to a nonprofit, they do so with the intention of funding a hospital or supporting a local opera house, not financing the government. Consequently, donors may be less likely to give knowing that part of their donation will not be going directly to a cause.

Nationally, 14 million people work for nonprofits - that's seven percent of all jobs in the U.S. Here in New York City, 15% of employable residents work in the sector. I don't care to find out how many jobs would be lost as a result of new taxes. One has to consider whether increased tax revenue is more beneficial than the economic stimulation provided by a higher employment rate. Not to be forgotten, nonprofits already pay billions in ordinary payroll taxes.

We've already seen that imposing any new taxes on the nonprofit sector is a slippery slope. Consider the Metropolitan Transit Authority (MTA) payroll tax here in New York that was established last year to supplement the MTA budget applies to nonprofits. As a result of the new payroll tax, for example, the local YMCA currently owes $200,000. Just think of the services that could be provided with that $200,000.

To tax nonprofits is to play with fire. The sector has been hit hard by the recession as we've grappled with increased demand and decreased revenue. Many well-run organizations have had to close their doors because of economic hardship. On top of the 0.34 percent MTA payroll tax, the New York state legislature has considered additional changes and other governments continue to explore and contemplate taxes on nonprofits. For a sector that provides vital services that the government does not, state legislatures would do well by taking a hard look at the consequences of such action.

 

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10:11 AM on 05/19/2010
You know taxing NFP's is not all bad. Too many (even a few is too many) NFP's service the needs of their senior management team better than they do their clients' needs. With that in mind perhaps a pool could be created from the taxes collected which would then be distributed to those organizations where senior managers are clearly at below average compensation levels. Let's call it a tax designed to "eliminate disparities in compensation". This would also be a mechanism to flatten out pay levels within organizations thereby creating an opportunity to hire more program oriented "hands on" staff and less "visionaries".
10:19 AM on 05/17/2010
Governments waste sooo much money it would make sense to audit their spending before going after non profits!

http://www.taxresolutioninstitute.com/the-california-franchise-tax-board-is-coming-after-you-because-the-state-government-wasted-18-9-billion-of-your-tax-dollars/
02:07 PM on 05/11/2010
If they are serious about taxing nonprofits, they need to start with churches/synagogues etc. Only after they do that can politicians even begin to discuss taxing Nonprofits that actually help people.
06:12 PM on 05/10/2010
Gordon, thank you for an important post. Nonprofits provide vital community services that every single HuffPo reader uses, perhaps without realizing it. It is incumbent on us as taxpayers to help support the web of programs that provide healthcare, social services, education for people of all ages and backgrounds-including college, day care, museums, zoos, senior centers, financial fitness programs, economic/community development programs, mental health clinics, homeless shelters, soup kitchens, emergency/crisis intervention, and parks and recreation (correct, government by no means covers the expense of the public areas and programs that you and your family enjoy)...just to name a few. It would be a terrible setback for this nation for its nonprofits to lose their tax exempt status.
09:52 AM on 05/10/2010
Very well said!
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NABNYC
04:07 PM on 05/09/2010
Nonprofits (and religion) are being misused by wealthy people as tax scams. For example, let's say X has $500,000 income. X can give $250,000 to a nonprofit/charity or religion and pay no taxes on that money. But the taxes should have been paid to allow the city, state, and federal governments to pay for services for the citizens. Why should a rich person, for example, be given the option to give half their income to some charity in Africa, instead of paying taxes here. There's no legitimate reason. The rich should pay taxes like the rest of us. Let the citizens of this nation, as a group, contribute to charitable institutions around the world.

The maximum tax deductible contribution for religion or charities should be $500 per individual. If people want to help charities or non-profits, let them do it with their own money, not with money that should have been paid into the public coffers.
01:43 PM on 05/07/2010
Non profits have been paying sales tax in the District of Columbia for a long time and none of them were driven out of business. There are also strong arguments for not exempting anybody from real estate taxes. Non profits have a way of using streets, water, sewer, fire departments, medical emergency personnel just like for profits.

I live on Capitol Hill where many individuals have made huge fortunes off of so called non profits. It's high time for a level playing field.
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jeffrey678
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12:29 PM on 05/07/2010
In NYS nonprofits are using government services and not paying anything. Religious communities are taking huge tracts of lands off of the tax rolls and running private jet transport services. The remaining taxpayers have to make up the difference. The tax base keeps shrinking and the nonprofits and religious communities increase the need for government services. Someone has to pay the bills. It's just falling on fewer people. They need to pay their own way.