这种跨国搞捐款行为,是否合法,值得注意。
http://en.wikipedia.org/wiki/Charitable_organization
A
charitable organization is a type of
non-profit organization (NPO). The term is relatively general and can technically refer to a public charity (also called "charitable foundation," "public foundation" or simply "
foundation") or a
private foundation. It differs from other types of NPOs in that its focus is centered around goals of a general
philanthropic nature (e.g.
charitable,
educational,
religious, or other activities serving the
public interest or
common good).
The legal definition of charitable organization (and of
charity) varies according to the country and in some instances the region of the country in which the charitable organization operates. The regulation, tax treatment, and the way in which charity law affects charitable organizations also varies.
Canada
Charities in Canada must be registered with the
Canada Revenue Agency, a department of the ministry of finance. According to the Canada Revenue Agency:
[2]A registered charity is an organization established and operated for charitable purposes, and must devote its resources to charitable activities. The charity must be resident in Canada, and cannot use its income to benefit its members. A charity also has to meet a public benefit test. To qualify under this test, an organization must show that:
- its activities and purposes provide a tangible benefit to the public
- those people who are eligible for benefits are either the public as a whole, or a significant section of it, in that they are not a restricted group or one where members share a private connection, such as social clubs or professional associations with specific membership
- the charity's activities must be legal and must not be contrary to public policy
To register as a charity, the organization has to be either incorporated or governed by a legal document called a trust or a constitution. This document has to explain the organization's purposes and structure.
United States
In the
United States a charitable organization is an organization that is organized and operated for purposes that are beneficial to the
public interest,
[18] however a distinction is made between types of charitable organizations.
Every U.S. and foreign charity that qualifies as
tax-exempt under Section
501(c)(3) of the
Internal Revenue Code is considered a "
private foundation"
unless it demonstrates to the
IRS that it falls into another category. In a general sense, any organization that is not a private foundation (i.e. it qualifies as something else) is usually a public charity as described in Section 509(a) of the Internal Revenue Code.
[19]
In addition, a
private foundation usually derives its principal fund from an individual, family, corporation, or some other single source and is more often than not a
grantmaker and does not solicit funds from the public. In contrast, a
foundation or public charity generally receives grants from individuals, government, and private foundations and although some public charities engage in
grantmaking activities, most conduct direct service or other tax-exempt activities.
This leads to another distinction: Foundations that are generally grantmakers (i.e. they use their
endowment to make grants to other organizations, which in turn carry out the goals of the foundation indirectly) are usually referred to as "grantmaker" or "non-operating" foundations. These of course tend to be private foundations. Some private foundations however, (and most public charities) use their received funds to directly engage in service activities themselves and achieve their goals "personally," so-to-speak.
Examples of a non-operating private foundation would be the
Rockefeller Foundation and the
Bill & Melinda Gates Foundation.
Examples of operating foundations or public charities include the
Elizabeth Glaser Pediatric AIDS Foundation,
American Cancer Society, Inc., and the
World Wildlife Fund.
The requirements and procedures for forming charitable organizations vary from state to state, as do the registration and filing requirements for charitable organizations that conduct charitable activities or solicit charitable contributions.
[20] So effectively in practice the detailed definition of charitable organization is determined by the requirements of state law of the state in which the charitable organization operates, and the requirements for federal tax relief set by the IRS.
Federal tax relief
Federal tax law provides tax benefits to non profit organizations recognized as exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code (IRC). The benefits of 501(c)(3) status include exemption from federal income tax as well as eligibility to receive tax deductible charitable contributions. To qualify for 501(c)(3) status most organizations must apply to the Internal Revenue Service (IRS) for such status.
[21]
There are several requirements that must be met for a charitable organization to obtain 501(c)(3) status. These include the organization being organized as a corporation, trust, or unincorporated association, and the organization’s organizing document (such as the articles of incorporation, trust documents, or articles of association) must limit its purposes to being charitable, and permanently dedicate its assets to charitable purposes. The organization must refrain from undertaking a number of other activities such as participating in the political campaigns of candidates for local, state or federal office, and must ensure that its earnings do not benefit any individual.
[18]
The types of charitable organization that are considered by the IRS to be organized for the public benefit include those that are organized for:
- Relief of the poor, the distressed, or the underprivileged,
- Advancement of religion,
- Advancement of education or science,
- Erection or maintenance of public buildings, monuments, or works,
- Lessening the burdens of government,
- Lessening of neighborhood tensions,
- Elimination of prejudice and discrimination,
- Defense of human and civil rights secured by law, and
- Combating community deterioration and juvenile delinquency.
A number of other organizations, including those organized for religious, scientific, literary and educational purposes, as well as those for testing for public safety and for fostering national or international amateur sports competition, and for the prevention of cruelty to children or animals, may also qualify for exempt status.
The IRS, except in rare circumstances, refers to all organizations qualifying for exemption under
501(c)(3) as charities.
[22]