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My organization is making donation forms to send in the mail to others.

Cincinnati, OH |

My organization is making donation forms to send in the mail to others. The donation forms just require name, email address and daytime phone and also a place to put the contribution. ALL the funds go to the organization so this is not fraud. I am concerned that we could get in trouble if we send the forms. They will have return envelopes in them with paid postage, is that also legal? Thanks!

Attorney Answers 3


  1. Does your state attorney general have rules on solicitation? Have you followed them?

    I take it that you are asking for cash / checks (and not pledges).

    Are you sending within state only? and if not, have you asked for permission of state attorney general for all recipient states?

    Not many facts given, these are all the comments and questions I can muster.

    What was your biggest concern on this?

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    Curt Harrington
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    Curt Harrington Patent & Tax Law Attorney Certified Tax Specialist by the California Board of Legal Specialization PATENTAX.COM This communication is general information and not legal advice, and does not create an attorney-client relationship. This communication should not be relied upon as any type of legal advice. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm.


  2. You do not give us nearly enough facts to answer this question.

    What type of organization? Does it have IRS exempt status? What do the solicitation forms say?

    From the way you are asking your question, I suspect you have a valid reason for being concerned. There are only a handful, literally, of knowledgeable charitable organizations attorneys in Cincinnati. I suggest you take all the organization's paperwork in and visit with one of them before sending out the solicitation or you may find that your organization's officers and directors are violating Ohio charitable organizations law and federal income tax laws.


  3. You really don't provide enough information to give you advice. As far as attorneys in Cincinnati who regularly practice in this area, I recommend Sean Callan at Manley Burke. His telephone number is (513) 721-5525 ext. 1331. I suggest you give him a call at your earliest convenience.

    Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. Do NOT rely on anything I have written here -- You should contact a lawyer in your area immediately after reading my posting. The following disclosure is required pursuant to IRS Circular 230: unless otherwise expressly indicated, any federal tax advice contained in this communication, including attachments and enclosures, is not intended or written to be used, and may not be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein.

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