Has Phil Mickelson Left California?

by Jeffrey D. Byrne
President + CEO

As a longtime California resident, Phil Mickelson vented after shooting a final-round 66 for a 17-under-par 271 total and tie for 37th in his 2013 debut at the Humana Challenge (January 22, 2013).

Recently Phil also made headlines in the business sections of newspapers across the country.  Now, as one of the best golfers in the world, I’d expect to see Phil on the sports pages.  But Phil was complaining about the California voters’ approval of Proposition 30 – which would cause an increase in the income tax rates by 3%.  He threatened to pick up and move his family and residence to another state.

I was interested in what’s been happening with this and yesterday saw a clip on Fareed Zakarias GPS on CNN.  Interestingly enough, a recent study by Christopher Young (Stanford) and Charles Varner (Princeton) about New Jersey raising the top income rate by 2.6% on incomes over $500,000 in 2006 (pre-Governor Chris Christie) showed some interesting results.

First, yes – New Jersey lost revenue or forgone levies of $16,400,000.  But second,   New Jersey saw 65 times this lost revenue made with nearly $1,000,000,000 (yes that’s Billion) in new revenues.  This new revenue was from the increase in the tax but also from new income earners coming into the tax rolls at this level.  Other studies in California and Maryland have shown similar findings.

Now, I’m not advocating across the board tax increases for millionaires and high income earners.  Clearly, you can question policies, but not the numbers.  Clearly, an increase on high earners does generate more money than it produces losses.  This is true up to a point.  That’s what the states and federal government are debating, and that’s why I think it’s so interesting to be involved in the business of philanthropic fundraising and fundraising consulting.   We deal every day with the Phil Mickelsons of the world, and can share a little information around facts, just not opinion.

Now, I’m a fan of Phil’s and a great admirer of his.  Here’s what he said the next day: “My apology is for talking about it publicly, because I shouldn’t take advantage of the forum that I have as a professional golfer to try to ignite change over these issues.”  Mickelson said he understood immediately that his comments could be seen as unsympathetic.  “I think it was insensitive to talk about it publicly to those people who are not able to find a job, that are struggling paycheck to paycheck,” he said.

For the record, my Internet search over the weekend about Phil’s residency couldn’t find that he has moved.  Stay tuned.

Insights for Strategic and Tax Changes for 2013

Jeffrey D. Byrne    

by Jeffrey D. Byrne
President & CEO

As Congress passed legislation in the early hours of the New Year, much changes for tax and fiscal issues for 2013. The two things we know about life is: sooner or later we all pay taxes and we can’t take our money with us when we die. So, let me tackle what I know about the fiscal and tax changes that were enacted earlier this month.

Two-Year Retroactive IRA Charitable Rollover Extension: H.R. 8 includes a two-year retroactive extension of the IRA Charitable Rollover provision that lapsed on December 31, 2011. Specifically, the new law retroactively reinstates the Rollover for 2012 and allows any otherwise eligible gifts made after December 31, 2012 and before February 1, 2013 to be treated as a 2012 donation. The new law also specifies that any portion of a distribution from an IRA to a taxpayer made after November 30, 2012 and before January 1, 2013 may be treated as a qualified charitable distribution for purposes of the IRA Charitable Rollover. Finally, the IRA Charitable Rollover has been reinstated for all of 2013 and will now expire at the end of this year, on December 31, 2013. (The Chronicle of Philanthropy, 7 Jan. 2013)

Core of the Fiscal Cliff Legislation & Tax Changes: According to an article I read in a U. S. Trust Investment Strategy Strategic Insights Advisory recently: The core of the 2012 tax Act once again extends “most” of the so-called Bush tax cuts, but not all. The 2012 Tax Act will permanently extend taxable income tax rates for all single taxpayers with taxable incomes below $400,000 and married couples with incomes below $450,000. The top marginal income tax rate increases to 39.6% from 35% and the top marginal dividend and capital gain tax rates rise to 20% from 15% on investments held for more than one year. Adding in the 3.8% health care tax results in an even higher effective tax rate. Additionally, various tax deduction and credits phase out for individuals earning more than $250,000 and couples making more than $300,000. The agreement also extends unemployment benefits for one year, delays automatic spending cuts for two months, raises the estate tax rate to 40% from 35% with a $5 million exemption, indexes the Alternative Minimum Tax (AMT), extends accelerated depreciation allowances for businesses for another year, renews the research and development (R&D) tax credit and extends the “Doc Fix” (cuts in Medicare payments to doctors).

Finally, the Estate Tax Exemption beginning January 1, 2013 is $5,250,000. This exemption is permanent. It is subject to an inflation adjustment annually.

The bottom line is it’s all generally good news for your organization and the donors who care for it. While there are still discussion of further limits on charitable deductions, we will keep you informed of major changes in legislation that impact your donors. In the meantime, I recommend letting your donors know about the opportunities presented to them by the changes in the IRA Charitable Rollover. They may find that NOW is the time to make a gift to your organization.

Jeffrey Byrne & Associates Inc. Achieves Giving Institute Re-Qualification

We are very pleased to report that The Giving Institute has announced that Jeffrey Byrne & Associates, Inc. has successfully achieved membership re-qualification. JB&A was one of several firms that successfully met the rigorous requalification requirements. “We are proud of the results that reflect your company’s ethical practice in the philanthropy field and are pleased to work alongside other like-minded professionals, like you, who advance the causes of the non-profits we serve so successfully” stated Wendy McGrady, Membership Co-chair for the Giving Institute.

The Giving Institute was founded in 1935 to promote the need for professional and ethical standards of practice and to influence the creation of laws governing philanthropy. It has been involved in many milestones of philanthropy – developing the widely accepted Standards of Professional Conduct; helping to fund the start-up of the United Way; working with the New York State Legislature to develop and enact the Charity Registration Act, the basis for a nationwide model; creating the Giving USA Foundation™; and initiating GIVING USA, an annual publication that is the longest running, most comprehensive report on philanthropy in America.

Giving Institute membership currently consists of fundraising consulting and service companies that assist not-for-profit organizations. Members are professionally and geographically diverse, annually raising billions of dollars for and providing invaluable types of counsel and services to philanthropic institutions. To become a member of Giving Institute, a firm must meet certain ethical standards as well as undergo an extensive client review process. In addition, once it has become a member of Giving Institute, a member firm must be re-qualified every five years to maintain its membership in good standing.

 

“I am delighted and deeply grateful to the Giving Institute for granting our firm membership re-qualification. Being awarded continuing membership is not only an accomplishment, but a real honor as well. We look forward to upholding the principles of the Giving Institute by providing our clients with the highest levels of integrity and passion” stated President & CEO Jeffrey Byrne.

If you would like to know more about The Giving Institute, please contact us and we will be happy to provide you with information.

Clear Expectations: For the Board and for Organizational Leadership

By John F. Marshall
Senior Vice President 

Over the years, I have had the opportunity to work with many boards of directors both as a senior staffer as well as a consultant. I have been involved with boards from a number of different organizations and in all shapes and sizes. I have seen the good, the bad and the ugly in boards and when asked to assist in strengthening a poor board, I have found there to be one absolute consistency from one to the next: a lack of clarity in EXPECTATIONS… of the board and of organizational leadership.

Those organizations with successful boards are those whose leadership has gone out of its way to ensure that EXPECTATIONS were clearly stated, agreed to and practiced. And when I say EXPECTATIONS, I mean that there is absolute clarity about EXPECTATIONS of board members as well as those of leadership by the board.

If you are struggling with your board’s effectiveness, perhaps you might wish to consider sharing the following EXPECTATIONS with the board and with the staff:

Expectations of board members by the organization: 

  1. Take attendance at board and committee meetings seriously… SHOW UP!
  2. Be informed about the organization and committed to its mission
  3. Help ensure effective planning
  4. See that the organization’s resources are being effectively managed
  5. Enhance the organization’s public image
  6. Serve as an enthusiastic ambassador of the organization within the community
  7. Utilize professional and personal skills for the betterment of the organization
  8. Give to the best of your ability and assist in identifying, cultivating and soliciting prospective donors
  9. Self-assessment of one’s performance as a board member
  10. Recruit quality new members to the board

Expectations of the organization by board members:

  1. A clear Job Description
  2. Frequent communication to the board on programs, developments and issues
  3. Provide meaningful opportunities to serve
  4. That board members’ time will be used appropriately and not wasted
  5. Provide ongoing education and training
  6. That organizational leadership will be active participants with the board in raising funds
  7. Serve as responsible stewards of the organization’s resources
  8. Ensure that board meetings are substantive and that board members are given every opportunity for meaningful input and participation
  9. Assign adequate staff to assist the board in carrying out its mission
  10. Actively participate in the orientation of new advisory board members

The last point in each of the above lists is in my estimation extremely important in building the right board. The very best time to ensure that a board member fully understands what is expected of them is when they are being recruited. And, once a new member has been enrolled, EXPECTATIONS should be reinforced during the formal orientation process. The last thing an exec wants to hear from a board member is “they never told me I was expected to do that.”

JB&A offers a comprehensive array of board training and educational programs and would be thrilled to have the opportunity to partner with you and your organization in making your board the most effective governance body it can be. Let us know how we can help – call us at 816.237.1999 or email info@FundraisingJBA.com.

#GivingTuesday

Black Friday…

Cyber Monday…

This year, something unique will take place on Tuesday, November 27, 2012. It’s called #GivingTuesday, and with your help it will make history.  The goal is to launch a day of giving at the start of the annual holiday shopping season and to show that holiday shopping can be about both giving and giving back.

As the only local member firm of the Giving Institute, Jeffrey Byrne & Associates will conduct a media campaign in the Greater Kansas City area to spread the word about #GivingTuesday. 

People everywhere including retailers, charities, online organizations, community centers, individuals, families and more will come together with one common purpose – incentivize ways to give more, give smarter, and celebrate the great American spirit of contribution.

#GivingTuesday is not a new giving platform, but a call to action to celebrate giving and encourage more, better and smarter giving during the Holiday Season. It’s an organizing principle to encourage the creativity and energy of Americans to work together for good.

The success of #GivingTuesday depends on the collective efforts of a unique group of partners and their participation. You are the most important part of making this movement a reality. Click here to go to the #GivingTuesday website.