The sole purpose of my previous piece, Defining a Conduit Organization, was to address the more important question of this post, “How to Choose the Right Conduit?”

After all, for many organizations operating outside the United States, specifically those in Israel, fundraising in America plays a vital role in the business strategy of the nonprofit.  Some charities choose to establish an organization known as an “American Friends of” charity to offer American donors a tax-deductible option. Others, however, will decide to use Conduit Organizations to process the donations on their behalf — also a valid option.  But I digress. (If you, on the other hand, would like to digress, see 4 Reasons Why NOT to Establish an “American Friends of” Organization.)

Those Israeli nonprofits that choose the second option of a Conduit (also referred to as an Intermediary or Fiscal Agent) are in luck, as recent years have seen an quasi-explosion in the number of American charities that offer Conduit services.  This being the case, foreign organizations have the luxury and liberty — and some might argue the responsibility and obligation — to investigate the various Intermediaries so as to choose the best fit for the nonprofit. And, yes, all Conduits are by no means the same.

My six criteria for judging a potential Fiscal Agent: Cost, Currency, Time, Payment Method, Communication and Association.

1. COST

What will the Conduit charge me for the service?

The logic being that the less a charity pays in fees, the more money actually makes it the organization’s bank account to fund programmatic and administrative expenses.

Fees generally come in three flavors:

(a) Flat

The advantage of Flat fees is that you know them upfront. While the other options are calculable, this method is the most straight forward.

There are actually two structures for this option:  (1) Flat rate regardless of the amount sent and (2) Flat rate per range of money sent.  For example, $25 up to $2,000, $50 up to $10,000 and $100 up to $50,000 etc.

Example: The Jewish Funders Network, as of March 2010, offers Intermediary Services to nonprofits based in Israel. According to a seminar I attended in March of 2010, it is a flat fee of $200 for transfers up to $100,000. (As this information was obtained when the product was first launched back in March, it may not be up-to-date.)

(b) Percentage

A percentage of the amount transferred, sometimes with a minimum fee.  The advantage of this option is that you “only” pay per what you send.  This seems to be the most popular option.

Example: The Jerusalem Foundation, The New Israel Fund, The One Israel Fund and others use this method.

(c) Free

Use the service will cost the beneficiary nothing. However, to offset costs our reduce expenses, the Intermediary might impose some restrictions on the funds, turnover or method of payment

Example: The P.E.F. offers this service free of charge but will generally only forward the money to the recipient after a month (although some have told me it could be up to three) and in the form of a dollar check. I have heard some organizations get it shorter, but truly the exception.

2. CURRENCY

In what currency will the donation arrive in my account outside the United States? Will the donation be received in the original currency (dollars) or in local currency (in this case, shekels)?  Do I get to choose?

Currency is an important factor for three reasons:

(a) Conversion Rates

Conversion rates can have a big affect on donations received from abroad; namely, the better the rate the more local currency is created when converting the money. As demonstrated above, even a small change in the rate can have a substantial effect. By receiving the money in the original currency, the beneficiary can retain control over when and how much to convert.

(b) Accountability

Certain donors like to know exactly how much buying power their donation has and might demand to know the conversion rates that their money is getting. It is quite possible that an organization might be unable to obtain this information and relevant information from its partnering Conduit.

(c) Cost

Generally speaking, it is more expensive to work with foreign currency than local currency. Thus, receiving money it is original money with come with a higher handling fee for the handling bank or financial institution.  Although, these higher fees might be mitigated by other concerns (like items one or two).

3. TIME

How long will it take me to receive the donation in my account outside the United States?

As the axiom goes, time is money.  Knowing the turn-around time is important for two reasons:

(a) Currency Exposure

One of the biggest unknowns and worries for a nonprofit that relies on donations received in foreign currency is currency fluctuation. The longer a transaction through a Conduits takes, the greater risk to a change in conversion rate.

I have seen firsthand organizations that relied on Intermediaries that didn’t forward monies in a timely manner. By the time the money was received, rates had changed for the worse (though they could just as easily change for the better).

Example: Back in September of 2010 the shekel vs. dollar rate was 3.81. The following Monday morning, only four days later, the rate stood at about 3.77 – a four agurot (4/100 of a shekel) difference. For a donation of $50,000, this four-day delay would have cost the recipient 2,000 shekel (over $500), an over 1% cost (2,000/190,500).

(b) Cashflow

Checks, pledges, and grants come with dates attached.  Budgets are then built around these deadlines.  Donations that are delayed because of a Conduit can severely hamper a nonprofit’s ability to pay its bills or run its programs, possibly leading to ruined reputations, frayed nerves, debt, and/or unexpected credit charges (to name but a few) .

Allow me to tangent for a moment: Conduits that fail to forward monies in a timely fashion are doing a disservice to the end-recipient.  As a matter of fact, receiving the money on time can be even more important that being approved for the donation/grant in the first place. Without a grant or donation a program might never have taken place. No harm, no foul. With the promise of financial support, however, commitments have now been made and money spent.

4. PAYMENT METHOD

Will the money be given to me as a wire transfer or as a check?

This question is more of a concern for those organizations that will be receiving their money in its original currency (dollars).  In Israel, for example, shekel grants and donations can be easily be forwarded by wire, though, even shekel checks clear within a few days.

Foreign currency — whether in Israel or in other countries — is more costly to process and takes longer to clear.   Two points that refer to the earlier questions of Cost and Time.

5. COMMUNICATION

How will I or my donors contact the Conduit if we need to? Or vise versa?

For two reasons, never underestimate the power of communication:

(a) Donors

Donors will have to mail/wire the money to these Conduits. It is imperative when trusting a third party to deal with your donors that it is an organization you can rely on. There will be times when the Intermediary will need to contact your donor — will this be a pleasant interaction that will ensure continued support by your donor and a swift transaction?

Organizations have told me stories of their donors that were driven away or even rescinded their check due to unpleasant experiences with a Conduit.

Furthermore, referring back to an earlier point, will the Intermediary release specific information about your donor’s check/wire, such as wiring dates and conversion rates? This is important information to donors that are looking for transparency and accountability.

(b) Turn-around

Better channels of communication and trust between recipient and Intermediary can help ensure that monies are transferred as efficiently and as quickly as possible.

6. ASSOCIATION

How will my association with this Fiscal Agent affect how people view my organization?

No nonprofit exists in a vacuum. This question can have two types of affects (not mutually exclusive):

(a) Character

Does the organization that is accepting donations on my behalf have religious or political leanings that might color the organization in the eyes of the public (for good or for bad)?  Is the Intermediary known for anything unsavory? What headlines has the Conduit made?  Do people think very highly of the organization and its leadership?

These questions and others like them can alter the flavor of even the most pareve, middle-of-the-road nonprofits.

(b) Fundraising

Will the good name, reputation, or connections of a Conduit help the organization raise more money?

…AND DON’T FORGET TO BE HELPFUL

These Conduits are taking a risk vis-a-vis the I.R.S. by providing this conduit service, regardless if the Intermediary is being paid or not.  Participating charities should, therefore, appreciate a Conduit’s position and provide the necessary paperwork requested of them.

And, of course, being helpful could lead to some of those much-desired exceptions that I mentioned above.

Tizku Lemitzvot,

Shuey

Disclaimer: This blog houses my personal opinions and is for informational purposes only — not advice. As charity laws can be quite complex, please refer all questions to qualified and licensed professionals. Read the full disclaimer.

When grants or gifts cannot be made directly to a recipient (individual or organization) many times Fiscal Agents are used. These Intermediate charities are commonly referred to as Conduit Organizations because they are not the intended final recipient, rather just a pass-through.

With the right due diligence, control, and by-laws, this type of seemingly-indirect charity can be perfectly legal and advisable. (Please consult your lawyer to see if this solution is right for you or your organization.)

One such group that uses Conduits in this way are charities located outside of the United States (and, thus, not considered tax-exempt in the eyes of the IRS) that are looking to fundraise in America.

SOME GROUND-RULES

Let us be clear: This post is not looking to define the legal interpretation of a Conduit or Fiscal Agent. Nor is it seeking to extrapolate the ramifications vis-a-vis the IRS and related tax code.  Rather, this post will seek to better understand the strategy and purpose behind these types of organizations.

This understanding is crucial in order to better address the more important question and the topic of my next post in this two-part series: How a Charity Can Choose the Right Conduit.

WHY WOULD A NONPROFIT NEED A CONDUIT?

Tax incentives are some of the most powerful marketing tools available to nonprofits trying to convince the average citizen to donate to the cause.  In general, a private individual can receive money back (a % of charity given) on the income taxes that he or she has paid to the Federal Government; an arrangement that benefits both the donor and the charity.  Granted the particulars are more complex than the simple formula I’ve presented, but the basic principles are true enough.

However, only donations to American organizations designated as 501(c)3 by the IRS are tax-deductible (see previous post summarizing What is an American Nonprofit).

This creates the obvious challenge to those registered outside the United States that would like to fundraise in America as donations given directly to these organizations are not tax-deductible.

Solution One: Establish an American nonprofit organization to support the cause abroad. These charities are commonly referred to as “Friends of” organizations. (See What is an American “Friends of” Organization? by Ellis Carter.)

Solution Two: Ask would-be supporters, instead, to send donations to a Conduit Organization registered in the United States, recommending that the funds be used for the charity registered abroad.  The donation to the local Intermediary is tax-deductible, even though the final beneficiary isn’t a tax-exempt organization.  So too, the foreign charity is, thus, not forced to set up an American 501(c)3 tax-exempt charity and is able to avoid the corresponding fiscal and regulatory headache.

Keep in mind, that not every organization can act as a Fiscal Agent and that these Conduits must have (among other things):

• Written in their by-laws the ability to forward monies to other nonprofit organizations that promote similar goals.
• Retain control of the donation, reserving the right to reject the donor’s wishes, should it deem necessary.

(Again, as these issues are very tricky, an organization’s lawyer and Board of Director should be consulted before deciding to act as or use a Conduit.)

While the first solution allows for greater independence and control by the foreign nonprofit, the first solution also necessitates the axiom made famous by Spiderman: With Great Power Comes Great Responsibility.  The second solution, in contrast, uses a preexisting Fiscal Agent and circumvents all of this hassle. Or to paraphrase the above truism: With No USA Registered Charity Comes Much Less Responsibility. (See also 4 Reasons Why Not to Establish an American Friends Organization.)

CLOSING NOTES

The name Conduit can have negative connotations as it implies lack of control or subterfuge.  This, of course, doesn’t have to be the case and these types of charities can have the full blessing of the IRS. (See International Giving by Public Charities by Guidestar for additional tips.)

Additionally, while Conduit Organizations contain certain similarities to Donor Advised Funds  and Fiscal Sponsorship, the three are each unique and different tools; i.e. this post does not address Donor Advised Funds nor Fiscal Sponsorship.

(See Time to Convert for an interesting take on DAF’s by the Wall Street Journal and Fiscal Sponsorship is Maturing as Field on the NonprofitLawBlog for more information on FS’s .)

Next Post: 6 Questions to Help Choose the Right Conduit Organization

Tizku Lemitzvot,

Shuey

Disclaimer: This blog houses my personal opinions and is for informational purposes only — not advice. As charity laws can be quite complex, please refer all questions to qualified and licensed professionals. Read the full disclaimer.