
A charitable organization
or charity is an organization whose primary objectives are
philanthropy
Philanthropy is a form of altruism that consists of "private initiatives for the Public good (economics), public good, focusing on quality of life". Philanthropy contrasts with business initiatives, which are private initiatives for private goo ...
and social
well-being
Well-being is what is Intrinsic value (ethics), ultimately good for a person. Also called "welfare" and "quality of life", it is a measure of how well life is going for someone. It is a central goal of many individual and societal endeavors.
...
(e.g.
education
Education is the transmission of knowledge and skills and the development of character traits. Formal education occurs within a structured institutional framework, such as public schools, following a curriculum. Non-formal education als ...
al,
religious
Religion is a range of social- cultural systems, including designated behaviors and practices, morals, beliefs, worldviews, texts, sanctified places, prophecies, ethics, or organizations, that generally relate humanity to supernatural ...
or other activities serving the
public interest
In social science and economics, public interest is "the welfare or well-being of the general public" and society. While it has earlier philosophical roots and is considered to be at the core of democratic theories of government, often paired ...
or
common good
In philosophy, Common good (economics), economics, and political science, the common good (also commonwealth, common weal, general welfare, or public benefit) is either what is shared and beneficial for all or most members of a given community, o ...
).
The legal definition of a charitable organization (and of charity) varies between countries and in some instances regions of the country. The
regulation
Regulation is the management of complex systems according to a set of rules and trends. In systems theory, these types of rules exist in various fields of biology and society, but the term has slightly different meanings according to context. Fo ...
, the tax treatment, and the way in which charity law affects charitable organizations also vary. Charitable organizations may not use any of their funds to profit individual persons or entities. However, some charitable organizations have come under scrutiny for spending a disproportionate amount of their income to pay the salaries of their leadership.
Financial figures (e.g. tax refunds, revenue from fundraising, revenue from the sale of goods and services or revenue from investment, and funds held in reserve) are indicators to assess the financial sustainability of a charity, especially to
charity evaluators. This information can impact on a charity's reputation with donors and societies, and thus the charity's financial gains.
Charitable organizations often depend partly on donations from businesses. Such donations to charitable organizations represent a major form of corporate philanthropy.
To meet the exempt organizational test requirements, a charity has to be exclusively organized and operated,
and to receive and pass the
exemption test, a charitable organization must follow the public interest and all exempt income should be for the public interest.
For example, in many countries of the
Commonwealth, charitable organizations must demonstrate that they provide a
public benefit.
History
Early systems
Until the mid-18th century, charity was mainly distributed through religious structures (such as the
English Poor Laws of 1601),
almshouses, and bequests from the rich. Christianity, Judaism, and Islam incorporated significant charitable elements from their very beginnings, and ''dāna'' (alms-giving) has a long tradition in Hinduism, Jainism, Buddhism, and Sikhism. Charities provided education, health, housing, and even prisons. Almshouses were established throughout
Europe
Europe is a continent located entirely in the Northern Hemisphere and mostly in the Eastern Hemisphere. It is bordered by the Arctic Ocean to the north, the Atlantic Ocean to the west, the Mediterranean Sea to the south, and Asia to the east ...
in the
Early Middle Ages
The Early Middle Ages (or early medieval period), sometimes controversially referred to as the Dark Ages (historiography), Dark Ages, is typically regarded by historians as lasting from the late 5th to the 10th century. They marked the start o ...
to provide a place of residence for the poor, old, and distressed people;
King Athelstan of England (reigned 924–939) founded the first recorded almshouse in
York
York is a cathedral city in North Yorkshire, England, with Roman Britain, Roman origins, sited at the confluence of the rivers River Ouse, Yorkshire, Ouse and River Foss, Foss. It has many historic buildings and other structures, such as a Yor ...
in the 10th century.
Enlightenment charity

During the
Enlightenment era, charitable and
philanthropic activity among
voluntary association
A voluntary group or union (also sometimes called a voluntary organization, common-interest association, association, or society) is a group of individuals who enter into an agreement, usually as volunteers, to form a body (or organization) to a ...
s and affluent benefactors became a widespread cultural practice. Societies,
gentlemen's clubs, and
mutual associations began to flourish in
England
England is a Countries of the United Kingdom, country that is part of the United Kingdom. It is located on the island of Great Britain, of which it covers about 62%, and List of islands of England, more than 100 smaller adjacent islands. It ...
, with the upper classes increasingly adopting a philanthropic attitude toward the disadvantaged. In England, this new social activism led to the establishment of charitable organizations, which proliferated from the middle of the 18th century.
This emerging upper-class trend for benevolence resulted in the incorporation of the first charitable organizations. Appalled by the number of abandoned children living on the streets of
London
London is the Capital city, capital and List of urban areas in the United Kingdom, largest city of both England and the United Kingdom, with a population of in . London metropolitan area, Its wider metropolitan area is the largest in Wester ...
,
Captain Thomas Coram set up the
Foundling Hospital
The Foundling Hospital (formally the Hospital for the Maintenance and Education of Exposed and Deserted Young Children) was a children's home in London, England, founded in 1739 by the philanthropy, philanthropic Captain (nautical), sea captain ...
in 1741 to care for these unwanted orphans in Lamb's Conduit Fields,
Bloomsbury
Bloomsbury is a district in the West End of London, part of the London Borough of Camden in England. It is considered a fashionable residential area, and is the location of numerous cultural institution, cultural, intellectual, and educational ...
. This institution, the world's first of its kind, served as the precedent for incorporated associational charities in general.
Another notable philanthropist of the Enlightenment era,
Jonas Hanway, established
The Marine Society in 1756 as the first seafarers' charity, aiming to aid the recruitment of men into the
navy
A navy, naval force, military maritime fleet, war navy, or maritime force is the military branch, branch of a nation's armed forces principally designated for naval warfare, naval and amphibious warfare; namely, lake-borne, riverine, littoral z ...
. By 1763, the Society had enlisted over 10,000 men, and an
Act of Parliament incorporated it in 1772. Hanway also played a key role in founding the
Magdalen Hospital to rehabilitate
prostitute
Prostitution is a type of sex work that involves engaging in sexual activity in exchange for payment. The definition of "sexual activity" varies, and is often defined as an activity requiring physical contact (e.g., sexual intercourse, non-pe ...
s. These organizations were funded by subscriptions and operated as voluntary associations. They raised public awareness about their activities through the emerging popular press and generally enjoyed high social regard. Some charities received state recognition in the form of a
royal charter
A royal charter is a formal grant issued by a monarch under royal prerogative as letters patent. Historically, they have been used to promulgate public laws, the most famous example being the English Magna Carta (great charter) of 1215, but ...
.
Charities also began to take on campaigning roles, championing causes and lobbying the government for legislative changes. This included organized campaigns against the mistreatment of animals and children, as well as the successful campaign in the early 19th century to end the
slave trade throughout the
British Empire
The British Empire comprised the dominions, Crown colony, colonies, protectorates, League of Nations mandate, mandates, and other Dependent territory, territories ruled or administered by the United Kingdom and its predecessor states. It bega ...
and its extensive sphere of influence. (However, this process was quite lengthy, concluding when
slavery in Saudi Arabia was abolished in 1962.)
The Enlightenment era also witnessed a growing philosophical debate between those advocating for state intervention and those believing that
private charities should provide welfare. The political economist, Reverend
Thomas Malthus (1766–1834), criticized
poor relief for paupers on economic and moral grounds and proposed leaving charity entirely to the private sector. His views became highly influential and informed the
Victorian ''laissez-faire'' attitude toward state intervention for the poor.
Growth during the 19th century
During the 19th century, a profusion of charitable organizations emerged to alleviate the awful conditions of the
working class in the
slums
A slum is a highly populated urban residential area consisting of densely packed housing units of weak build quality and often associated with poverty. The infrastructure in slums is often deteriorated or incomplete, and they are primarily in ...
. The
Labourer's Friend Society, chaired by
Lord Shaftesbury in the United Kingdom in 1830, aimed to improve working-class conditions. It promoted, for example, the allotment of land to laborers for "cottage husbandry", which later became the
allotment movement. In 1844, it became the first
Model Dwellings Company – one of a group of organizations that sought to improve the housing conditions of the working classes by building new homes for them, all the while receiving a competitive rate of return on any investment. This was one of the first
housing associations, a philanthropic endeavor that flourished in the second half of the nineteenth century, brought about by the growth of the
middle class
The middle class refers to a class of people in the middle of a social hierarchy, often defined by occupation, income, education, or social status. The term has historically been associated with modernity, capitalism and political debate. C ...
. Later associations included the
Peabody Trust (originating in 1862) and the
Guinness Trust (founded in 1890). The principle of philanthropic intention with
capitalist
Capitalism is an economic system based on the private ownership of the means of production and their use for the purpose of obtaining profit. This socioeconomic system has developed historically through several stages and is defined by ...
return was given the label "five percent philanthropy".
[Tarn, J.N. (1973) Five Percent Philanthropy. London: CUP]

There was strong growth in municipal charities. The Brougham Commission led to the
Municipal Corporations Act 1835, which reorganized multiple local charities by incorporating them into single entities under supervision from the
local government
Local government is a generic term for the lowest tiers of governance or public administration within a particular sovereign state.
Local governments typically constitute a subdivision of a higher-level political or administrative unit, such a ...
.
Charities at the time, including the
Charity Organization Society (established in 1869), tended to discriminate between the "deserving poor", who would be provided with suitable relief, and the "underserving" or "improvident poor", who was regarded as the cause of their woes due to their idleness. Charities tended to oppose the provision of welfare by the state, due to the perceived
demoralizing effect. Although minimal state involvement was the dominant philosophy of the period, there was still significant government involvement in the form of statutory regulation and even limited funding.
Philanthropy
Philanthropy is a form of altruism that consists of "private initiatives for the Public good (economics), public good, focusing on quality of life". Philanthropy contrasts with business initiatives, which are private initiatives for private goo ...
became a very fashionable activity among the expanding middle classes in Britain and America.
Octavia Hill (1838–1912) and
John Ruskin
John Ruskin (8 February 1819 20 January 1900) was an English polymath a writer, lecturer, art historian, art critic, draughtsman and philanthropist of the Victorian era. He wrote on subjects as varied as art, architecture, Critique of politic ...
(1819–1900) were important forces behind the development of
social housing
Public housing, also known as social housing, refers to Subsidized housing, subsidized or affordable housing provided in buildings that are usually owned and managed by local government, central government, nonprofit organizations or a ...
, and
Andrew Carnegie
Andrew Carnegie ( , ; November 25, 1835August 11, 1919) was a Scottish-American industrialist and philanthropist. Carnegie led the expansion of the History of the iron and steel industry in the United States, American steel industry in the late ...
(1835–1919) exemplified the large-scale philanthropy of the newly rich in industrialized America. In ''
Gospel of Wealth'' (1889), Carnegie wrote about the responsibilities of great wealth and the importance of social justice. He established
public libraries throughout English-speaking countries and contributed large sums to schools and universities. A little over ten years after his retirement, Carnegie had given away over 90% of his fortune.
Towards the end of the 19th century, with the advent of the
New Liberalism and the innovative work of
Charles Booth in documenting working-class life in
London
London is the Capital city, capital and List of urban areas in the United Kingdom, largest city of both England and the United Kingdom, with a population of in . London metropolitan area, Its wider metropolitan area is the largest in Wester ...
, attitudes towards poverty began to change. This led to the first
social liberal welfare reforms, including the provision of
old age pensions and free school-meals.
20th century
During the 20th century, charitable organizations such as
Oxfam (established in 1947),
Care International, and
Amnesty International
Amnesty International (also referred to as Amnesty or AI) is an international non-governmental organization focused on human rights, with its headquarters in the United Kingdom. The organization says that it has more than ten million members a ...
expanded greatly, becoming large, multinational
non-governmental organizations
A non-governmental organization (NGO) is an independent, typically nonprofit organization that operates outside government control, though it may get a significant percentage of its funding from government or corporate sources. NGOs often focus ...
with very large budgets.
21st century
With the advent of the Internet, charitable organizations established a presence on online
social media
Social media are interactive technologies that facilitate the Content creation, creation, information exchange, sharing and news aggregator, aggregation of Content (media), content (such as ideas, interests, and other forms of expression) amongs ...
platforms and began initiatives such as cyber-based
humanitarian crowdfunding, exemplified by platforms like
GoFundMe
GoFundMe is an American for-profit crowdfunding platform that allows people to raise money for events ranging from life events such as celebrations and graduations to challenging circumstances like accidents and illnesses. From 2010 to the ...
.
By jurisdiction
Australia
The definition of charity in Australia is derived from English common law, originally from the
Charitable Uses Act 1601, and then through several centuries of case law based upon it. In 2002, the federal government initiated an inquiry into the definition of a charity. The inquiry proposed a statutory definition of a charity, based on the principles developed through case law. This led to the ''Charities Bill 2003'', which included limitations on the involvement of charities in political campaigning, an unwelcome departure from the case law as perceived by many charities. The government has appointed a Board of Taxation inquiry to consult with charities on the bill. However, due to widespread criticism from charities, the government abandoned the bill.
Subsequently, the government introduced the ''Extension of Charitable Purpose Act 2004''. This act did not attempt to codify the definition of a charitable purpose but rather aimed to clarify that certain purposes were charitable, resolving legal doubts surrounding their charitable status. Among these purposes were childcare, self-help groups, and closed/contemplative religious orders.
To publicly raise funds, a charity in Australia must register in each Australian jurisdiction in which it intends to raise funds. For example, in Queensland, charities must register with the Queensland
Office of Fair Trading. Additionally, any charity fundraising online must obtain approval from every Australian jurisdiction that mandates such approval. Currently, these jurisdictions include New South Wales, Queensland, Victoria, Tasmania, Western Australia, and the Australian Capital Territory. Numerous Australian charities have appealed to federal, state, and territory governments to establish uniform legislation enabling charities registered in one state or territory to raise funds in all other Australian jurisdictions.
The
Australian Charities and Not-For-Profits Commission (ACNC) commenced operations in December 2012. It regulates approximately 56,000
non-profit organization
A nonprofit organization (NPO), also known as a nonbusiness entity, nonprofit institution, not-for-profit organization, or simply a nonprofit, is a non-governmental (private) legal entity organized and operated for a collective, public, or so ...
s with
tax-exempt
Tax exemption is the reduction or removal of a liability to make a compulsory payment that would otherwise be imposed by a ruling power upon persons, property, income, or transactions. Tax-exempt status may provide complete relief from taxes, redu ...
status, along with around 600,000 other NPOs in total, seeking to standardize state-based fund-raising laws.
A Public Benevolent Institution (PBI) is a specific type of charity with its primary purpose being to alleviate suffering in the community, whether due to poverty, sickness, or disability. Examples of institutions that might qualify include hospices, providers of subsidized housing, and certain not-for-profit aged care services.
Canada
Charities in Canada need to be registered with the Charities Directorate of the
Canada Revenue Agency
The Canada Revenue Agency (CRA; ; ) is the revenue service of the Government of Canada, Canadian federal government, and most Provinces and territories of Canada, provincial and territorial governments. The CRA collects Taxation in Canada, taxes, ...
. According to the Canada Revenue Agency:
A registered charity is an organization established and operated for charitable purposes. It must devote its resources to charitable activities. The charity must be a 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 eligible for benefits are either the public as a whole or a significant section of it. They should not be a restricted group or one where members share a private connection, such as social clubs or professional associations with specific memberships.
* 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.
France
Most French charities are registered under the statute of ''loi d'association de 1901,'' a type of legal entity for non-profit NGOs. This statute is extremely common in
France
France, officially the French Republic, is a country located primarily in Western Europe. Overseas France, Its overseas regions and territories include French Guiana in South America, Saint Pierre and Miquelon in the Atlantic Ocean#North Atlan ...
for any type of group that wants to be institutionalized (sports clubs, book clubs, support groups...), as it is very easy to set up and requires very little documentation. However, for an organization under the statute of ''loi 1901'' to be considered a charity, it has to file with the authorities to come under the label of ''"association d'utilité publique",'' which means "NGO acting for the public interest". This label gives the NGO some tax exemptions.
Hungary
In
Hungary
Hungary is a landlocked country in Central Europe. Spanning much of the Pannonian Basin, Carpathian Basin, it is bordered by Slovakia to the north, Ukraine to the northeast, Romania to the east and southeast, Serbia to the south, Croatia and ...
, charitable organizations are referred to as "public-benefit organizations" (). The term was introduced on 1 January 1997 through the
Act on Public Benefit Organizations.
India
Under Indian law, legal entities such as charitable organizations, corporations, and managing bodies have been given the status of "
legal persons" with legal rights, such as the right to sue and be sued, and the right to own and transfer property.
[Birds to holy rivers: A list of everything India considers "legal persons"]
Quartz (publication), September 2019. Indian charitable organizations with this status include
Sir Ratan Tata Trust.
Ireland
In Ireland, the Charities Act (2009) legislated the establishment of a "Charities Regulatory Authority", and the
Charities Regulator was subsequently created via a ministerial order in 2014. This was the first legal framework for charity registration in Ireland. The Charities Regulator maintains a database of organizations that have been granted charitable tax exemption—a list previously maintained by the
Revenue Commissioners. Such organizations would have a CHY number from the Revenue Commissioners, a CRO number from the
Companies Registration Office, and a charity number from the Charities Regulator.
The Irish Nonprofits Database was created by Irish Nonprofits Knowledge Exchange (INKEx) to serve as a repository for regulatory and voluntarily disclosed information about Irish public benefit nonprofits.
Nigeria
Charitable organizations in Nigeria are registerable under "Part C" of the
Companies and Allied Matters Act, 2020. Under the law, the
Corporate Affairs Commission, Nigeria, being the official Nigerian Corporate Registry, is empowered to maintain and regulate the formation, operation, and dissolution of charitable organizations in Nigeria. Charitable organizations in Nigeria are exempted under §25(c) of the
Companies Income Tax Act (CITA) Cap. C21 LFN 2004 (as amended), which exempts from income tax corporate organizations engaged wholly in ecclesiastical, charitable, or educational activities. Similarly, §3 of the
Value Added Tax Act (VATA) Cap. V1 LFN 2004 (as amended), and the 1st Schedule to the VATA on exempted Goods and Services goods zero-rates goods and services purchased by any ecclesiastical, charitable, or educational institutions in furtherance of their charitable mandates.
Poland
A public benefit organization (, often abbreviated as OPP) is a term used in
Polish law
The Polish law or legal system in Poland has been developing since the first centuries of Polish history, over 1,000 years ago. The public and private laws of Poland are codified.
The supreme law in Poland is the Constitution of Poland. Po ...
. It was introduced on 1 January 2004 by the statute on
public good activity and
volunteering
Volunteering is an elective and freely chosen act of an individual or group giving their time and labor, often for community service. Many volunteers are specifically trained in the areas they work, such as medicine, education, or emergenc ...
. Charitable organizations of public good are allowed to receive 1.5% of
income tax
An income tax is a tax imposed on individuals or entities (taxpayers) in respect of the income or profits earned by them (commonly called taxable income). Income tax generally is computed as the product of a tax rate times the taxable income. Tax ...
from individuals, making them "tax-deductible organizations". To receive such status, an organization has to be a
non-governmental organization
A non-governmental organization (NGO) is an independent, typically nonprofit organization that operates outside government control, though it may get a significant percentage of its funding from government or corporate sources. NGOs often focus ...
, with political parties and trade unions not qualifying. The organization must also be involved in specific activities related to the public good as described by the law, and it should demonstrate sufficient transparency in its activities, governance, and finances. Moreover, data has shown that this evidence is pertinent and sensible.
Polish charitable organizations with this status include
Związek Harcerstwa Polskiego, the
Great Orchestra of Christmas Charity,
KARTA Center, the
Institute of Public Affairs
The Institute of Public Affairs (IPA) is a conservative non-profit free market public policy think tank,
Political links and networking
The IPA Victoria was founded during World War II by businessmen in response to the feared growing power of ...
, the
Silesian Fantasy Club, the
Polish Historical Society, and the Polish chapter of the
Wikimedia Foundation
The Wikimedia Foundation, Inc. (WMF) is an American 501(c)(3) nonprofit organization headquartered in San Francisco, California, and registered there as foundation (United States law), a charitable foundation. It is the host of Wikipedia, th ...
.
Singapore
The legal framework in
Singapore
Singapore, officially the Republic of Singapore, is an island country and city-state in Southeast Asia. The country's territory comprises one main island, 63 satellite islands and islets, and one outlying islet. It is about one degree ...
is regulated by the Singapore Charities Act (Chapter 37). Charities in Singapore must be registered with the Charities Directorate of the
Ministry of Community Development, Youth and Sports. One can also
find specific organizations that are members of the
National Council of Social Service (NCSS), which is operated by the
Ministry of Social and Family Development.
Ukraine
The legislation governing charitable activities and the process of obtaining charitable organization status is regulated by Ukraine's Civil Code and the Law of Ukraine on Charitable Activities and Charitable Organizations.
According to Ukrainian law, there are three forms of charitable organizations:
* A "charitable society" is a charitable organization created by at least two founders and operates based on the charter or statute.
* A "charitable institution" is a type of charitable trust that acts based on the constituent or founding act. This charitable organization's founding act defines the assets that one or several founders transfer to achieve the goals of charitable activity, along with any income from such assets. A constituent act of a charitable institution may be contained in a will or testament. The founder or founders of the charitable institution do not participate in the management of such a charitable organization.
* A "charitable fund" or "charitable foundation" is a charitable organization that operates based on the charter, has participants or members, and is managed by them. Participants or members are not obliged to transfer any assets to such an organization to achieve the goals of charitable activity. A charitable foundation can be created by one or several founders. The assets of a charitable fund can be formed by participants and/or other benefactors.
The
Ministry of Justice of Ukraine is the main registration authority for charitable organization registration and constitution. Individuals and legal entities, except for public authorities and
local government
Local government is a generic term for the lowest tiers of governance or public administration within a particular sovereign state.
Local governments typically constitute a subdivision of a higher-level political or administrative unit, such a ...
s, can be the founders of charitable organizations. Charitable societies and charitable foundations may have, in addition to founders, other participants who have joined them as prescribed by the charters of such charitable associations or charitable foundations.
Aliens (non-Ukrainian citizens and legal entities, corporations, or non-governmental organizations) can be the founders and members of philanthropic organizations in Ukraine.
All funds received by a charitable organization and used for charitable purposes are exempt from taxation, but obtaining non-profit status from the tax authority is necessary.
Legalization is required for international charitable funds to operate in Ukraine.
United Kingdom
Charity law in the UK varies among (i)
England
England is a Countries of the United Kingdom, country that is part of the United Kingdom. It is located on the island of Great Britain, of which it covers about 62%, and List of islands of England, more than 100 smaller adjacent islands. It ...
and
Wales
Wales ( ) is a Countries of the United Kingdom, country that is part of the United Kingdom. It is bordered by the Irish Sea to the north and west, England to the England–Wales border, east, the Bristol Channel to the south, and the Celtic ...
, (ii)
Scotland
Scotland is a Countries of the United Kingdom, country that is part of the United Kingdom. It contains nearly one-third of the United Kingdom's land area, consisting of the northern part of the island of Great Britain and more than 790 adjac ...
and (iii)
Northern Ireland
Northern Ireland ( ; ) is a Countries of the United Kingdom, part of the United Kingdom in the north-east of the island of Ireland. It has been #Descriptions, variously described as a country, province or region. Northern Ireland shares Repub ...
, but the fundamental principles are the same. Most organizations that are charities are required to be registered with the appropriate regulator for their jurisdiction, but significant exceptions apply so that many organizations are ''bona fide'' charities but do not appear on a public register. The registers are maintained by the
Charity Commission for England and Wales and by the
Office of the Scottish Charity Regulator for Scotland. The
Charity Commission for Northern Ireland maintains a register of charities that have completed formal registration (see below). Organizations applying must meet the specific legal requirements summarized below, have filing requirements with their regulator, and are subject to inspection or other forms of review. The oldest charity in the UK is
The King's School, Canterbury, established in 597 AD.
Charitable organizations, including charitable trusts, are eligible for a complex set of reliefs and exemptions from taxation in the UK. These include reliefs and exemptions in relation to
income tax
An income tax is a tax imposed on individuals or entities (taxpayers) in respect of the income or profits earned by them (commonly called taxable income). Income tax generally is computed as the product of a tax rate times the taxable income. Tax ...
,
capital gains tax,
inheritance tax
International tax law distinguishes between an estate tax and an inheritance tax. An inheritance tax is a tax paid by a person who inherits money or property of a person who has died, whereas an estate tax is a levy on the estate (money and pro ...
,
stamp duty land tax, and
value added tax. These tax exemptions have led to criticisms that private schools are able to use charitable status as a
tax avoidance
Tax avoidance is the legal usage of the tax regime in a single territory to one's own advantage to reduce the amount of tax that is payable. A tax shelter is one type of tax avoidance, and tax havens are jurisdictions that facilitate reduced taxe ...
technique rather than offering a genuine charitable good.
The
Transparency of Lobbying, Non-party Campaigning and Trade Union Administration Act 2014 subjects charities to regulation by the
Electoral Commission
An election commission is a body charged with overseeing the implementation of electioneering process of any country. The formal names of election commissions vary from jurisdiction to jurisdiction, and may be styled an electoral commission, a c ...
in the run-up to a general election.
England and Wales
=Definition
=
Section 1 of the
Charities Act 2011 provides the definition in England and Wales:
:(1) For the purposes of the law of England and Wales, "charity" means an institution which—
:(a) is established for charitable purposes only, and
:(b) falls to be subject to the control of the High Court in the exercise of its jurisdiction with respect to charities.
The
Charities Act 2011 provides the following list of charitable purposes:
# the prevention or
relief of poverty
# the advancement of
education
Education is the transmission of knowledge and skills and the development of character traits. Formal education occurs within a structured institutional framework, such as public schools, following a curriculum. Non-formal education als ...
# the advancement of
religion
Religion is a range of social system, social-cultural systems, including designated religious behaviour, behaviors and practices, morals, beliefs, worldviews, religious text, texts, sanctified places, prophecies, ethics in religion, ethics, or ...
# the advancement of health or the saving of lives
# the advancement of citizenship or community development
# the advancement of the arts, culture, heritage or science
# the advancement of amateur sport
# the advancement of
human rights
Human rights are universally recognized Morality, moral principles or Social norm, norms that establish standards of human behavior and are often protected by both Municipal law, national and international laws. These rights are considered ...
,
conflict resolution or reconciliation or the promotion of religious or racial harmony or equality and diversity
# the advancement of
environmental protection
Environmental protection, or environment protection, refers to the taking of measures to protecting the natural environment, prevent pollution and maintain ecological balance. Action may be taken by individuals, advocacy groups and governments. ...
or improvement
# the relief of those in need, by reason of youth, age, ill-health, disability, financial hardship or other disadvantage
# the advancement of
animal welfare
Animal welfare is the quality of life and overall well-being of animals. Formal standards of animal welfare vary between contexts, but are debated mostly by animal welfare groups, legislators, and academics. Animal welfare science uses measures ...
# the promotion of the efficiency of the armed forces of the Crown or of the police, fire and rescue services or ambulance services
# other purposes currently recognized as charitable and any new charitable purposes which are similar to another charitable purpose.
A charity must also provide a public benefit.
Before the
Charities Act 2006, which introduced the definition now contained in the 2011 Act, the definition of charity arose from a list of charitable purposes in the
Charitable Uses Act 1601 (also known as the Statute of Elizabeth), which had been interpreted and expanded into a considerable body of case law. In ''Commissioners for Special Purposes of Income Tax v. Pemsel'' (1891), Lord McNaughten identified four categories of charity which could be extracted from the Charitable Uses Act and which were the accepted definition of charity prior to the
Charities Act 2006:
# the relief of
poverty
Poverty is a state or condition in which an individual lacks the financial resources and essentials for a basic standard of living. Poverty can have diverse Biophysical environmen ...
,
# the advancement of
education
Education is the transmission of knowledge and skills and the development of character traits. Formal education occurs within a structured institutional framework, such as public schools, following a curriculum. Non-formal education als ...
,
# the advancement of
religion
Religion is a range of social system, social-cultural systems, including designated religious behaviour, behaviors and practices, morals, beliefs, worldviews, religious text, texts, sanctified places, prophecies, ethics in religion, ethics, or ...
, and
# other purposes considered beneficial to the community.
Charities in England and Wales—such as Age UK, the Royal Society for the Protection of Birds (
RSPB) and the Royal Society for the Prevention of Cruelty to Animals (
RSPCA) – must comply with the 2011 Act regulating matters such as charity reports and accounts and fundraising.
=Structures
=
, there are several types of legal structures for a charity in England and Wales:
* Unincorporated association
* Trust
*
Company limited by guarantee
A company limited by guarantee (CLG) is a type of company where the liability of members in the event the company is wound up is limited to a (typically very small) amount listed in the company's articles or constitution. Most have no share ca ...
* Another incorporation, such as by royal charter
*
Charitable incorporated organization
The
unincorporated association
Unincorporated association refers to a group of people in common law jurisdictions—such as the United Kingdom, Canada, and New Zealand—who organize around a shared purpose without forming a corporation or similar legal entity. Unlike in some ...
is the most common form of organization within the voluntary sector in England and Wales. This is essentially a contractual arrangement between individuals who have agreed to come together to form an organization for a particular purpose. An unincorporated association will normally have a constitution or set of rules as its governing document, which will deal with matters such as the appointment of office bearers and the rules governing membership. The organization is not, however, a separate legal entity, so it cannot initiate legal action, borrow money, or enter into contracts in its own name. Its officers can be personally liable if the charity is sued or has debts.
A
trust is essentially a relationship among three parties: the donor of some assets, the trustees who hold the assets, and the beneficiaries (those eligible to benefit from the charity). When the trust has charitable purposes and is a charity, the trust is known as a charitable trust. The governing document is the trust deed or declaration of trust, which comes into operation once signed by all the trustees. The main disadvantage of a trust is that, like an unincorporated association, it lacks a separate legal entity, and the trustees must themselves own property and enter into contracts. The trustees are also liable if the charity is sued or incurs liability.
A company limited by guarantee is a private limited company where members' liability is limited. A guarantee company does not have a share capital, but instead has members who are guarantors rather than shareholders. If the company is wound up, the members agree to pay a nominal sum, which can be as little as £1. A company limited by guarantee is a useful structure for a charity where trustees need limited liability protection. Moreover, the charity has legal personality and can enter into contracts, such as employment contracts, in its own name.
A small number of charities are incorporated by
royal charter
A royal charter is a formal grant issued by a monarch under royal prerogative as letters patent. Historically, they have been used to promulgate public laws, the most famous example being the English Magna Carta (great charter) of 1215, but ...
, a document that creates a corporation with legal personality (or, in some cases, transforms a charity incorporated as a company into a charity incorporated by royal charter). The charter must be approved by the
Privy Council before receiving royal assent. While the nature of the charity will vary depending on the clauses enacted, a royal charter generally offers a charity the same limited liability as a company and the ability to enter into contracts.
The
Charities Act 2006 introduced a new legal form of incorporation designed specifically for charities—the
charitable incorporated organization (CIO)—with powers similar to a company but without the need to register as a company. Becoming a CIO was only made possible in 2013, with staggered introduction dates, with the charities with the highest turnover eligible first.
The term ''foundation'' is not commonly used in England and Wales. Occasionally, a charity will use the word as part of its name (e.g.,
British Heart Foundation), but this has no legal significance and provides no information about the charity's work or legal structure. The organization's structure will fall into one of the types described above.
=Registration
=
Charitable organizations with an income of over £5,000 and subject to the law of England and Wales must register with the
Charity Commission for England and Wales, unless they are an "exempt" or "excepted" charity. For companies, the law of England and Wales will usually apply if the company itself is registered in England and Wales. In other cases, if the governing document doesn't specify, the law that applies will be the one most connected with the organization.
When an organization's income doesn't exceed £5,000, it can't register as a charity with the Charity Commission for England and Wales, unless registered as a Charitable Incorporated Organisation, in which case there is no minimum annual income. With the increase in the mandatory registration level to £5,000 by The
Charities Act 2006, smaller charities can rely on HMRC recognition to demonstrate their charitable purpose and confirm their not-for-profit principles.
Churches with an annual income of less than £100,000 need not register.
Some charities, referred to as
exempt charities, aren't required to register with the Charity Commission and aren't subject to its supervisory powers. These charities include most universities and national museums, as well as some other educational institutions. Other charities are excepted from the need to register but are still subject to the supervision of the Charity Commission. The regulations on excepted charities were changed by the
Charities Act 2006. Many excepted charities are religious charities.
Northern Ireland
The
Charity Commission for Northern Ireland was established in 2009 and has received the names and details of over 7,000 organizations in Northern Ireland that have previously been granted charitable status for tax purposes (the "deemed list"). Compulsory registration of organizations from the deemed list began in December 2013, and it is expected to take three to four years to complete. The new Register of Charities i
publicly available on the CCNI websiteand contains the details of those organizations that have so far been confirmed by the commission to exist for charitable purposes and the public benefit. The Commission estimates that between 5,000 and 11,500 charitable organizations need to be formally registered in total.
Scotland
The approximately 24,000 charities in
Scotland
Scotland is a Countries of the United Kingdom, country that is part of the United Kingdom. It contains nearly one-third of the United Kingdom's land area, consisting of the northern part of the island of Great Britain and more than 790 adjac ...
are registered with the
Office of the Scottish Charity Regulator (OSCR), which also maintains a register of charities online.
United States

In the
United States
The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...
, a charitable organization is an organization operated for purposes that are beneficial to the
public interest
In social science and economics, public interest is "the welfare or well-being of the general public" and society. While it has earlier philosophical roots and is considered to be at the core of democratic theories of government, often paired ...
.
There are different types of charitable organizations. Every U.S. and foreign charity that qualifies as
tax-exempt
Tax exemption is the reduction or removal of a liability to make a compulsory payment that would otherwise be imposed by a ruling power upon persons, property, income, or transactions. Tax-exempt status may provide complete relief from taxes, redu ...
under Section
501(c)(3)
A 501(c)(3) organization is a United States corporation, Trust (business), trust, unincorporated association or other type of organization exempt from federal income tax under section 501(c)(3) of Title 26 of the United States Code. It is one of ...
of the
Internal Revenue Code
The Internal Revenue Code of 1986 (IRC), is the domestic portion of federal statutory tax law in the United States. It is codified in statute as Title 26 of the United States Code. The IRC is organized topically into subtitles and sections, co ...
(IRC) is considered a "
private foundation
A private foundation is a Tax exemption, tax-exempt organization that does not rely on broad public support and generally claims to serve humanitarian purposes.
Unlike a Foundation (nonprofit), charitable foundation, a private foundation does no ...
" unless it demonstrates to the
Internal Revenue Service
The Internal Revenue Service (IRS) is the revenue service for the Federal government of the United States, United States federal government, which is responsible for collecting Taxation in the United States, U.S. federal taxes and administerin ...
(IRS) that it falls into another category. Generally, 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 IRC.
[FoundationCenter.org]
What is the difference between a private foundation and a public charity?
, accessed 2009-06-20
In addition, a private foundation usually derives its principal funding from an individual, family, corporation, or some other single source, and it is more often than not a
grantmaker that does not solicit funds from the public. In contrast, a
foundation or public charity generally receives grants from individuals, government, and private foundations. While some public charities engage in grantmaking activities, most conduct direct service or other tax-exempt activities. 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 called "grantmaker" or "non-operating" foundations.
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, solicit charitable contributions, or hire professional fundraisers. In practice, the detailed definition of a "charitable organization" is determined by the requirements of state law where the charitable organization operates, and the requirements for federal tax relief by the IRS.
Resources exist to provide information, including rankings, of US charities.
Federal tax relief
Federal tax law provides tax benefits to nonprofit organizations recognized as exempt from federal income tax under section 501(c)(3) of the IRC. The benefits of 501(c)(3) status include exemption from federal income tax as well as eligibility to receive tax-deductible charitable contributions. In 2017, there were a total of $281.86 billion in tax-deductible donations by individuals.
To qualify for 501(c)(3) status, most organizations must apply to the IRS for such status.
Several requirements 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. 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. Additionally, the organization must ensure that its earnings do not benefit any individual.
Most tax-exempt organizations are required to file annual financial reports (
IRS Form 990) at the state and federal level. A tax-exempt organization's Form 990 and some other forms are required to be made available for public scrutiny.
The types of charitable organizations that the IRS considers to be organized for the public benefit include those organized for:
* Relief of the poor, the distressed, or the underprivileged
* Advancement of religion
* Advancement of education or science
* Construction or maintenance of public buildings, monuments, or works
* Lessening the burdens of government
* Lessening neighborhood tensions
* Elimination of prejudice and discrimination
* Defense of human and civil rights secured by law
* Combating community deterioration and juvenile delinquency.
[Publication 557: Tax-Exempt Status for Your Organization]
". ''Internal Revenue Service''. January 2018. p. 27.
A number of other organizations may also qualify for exempt status, 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.
Criticism
The charitable sector has received various criticisms, notably:
* It is often biased toward helping beneficiaries that are spatially close, typically in the same country, even when more effective interventions could be implemented elsewhere. Similarly, it tends to focus on current humans, neglecting opportunities to help future generations or other species.
* Charities are not strongly incentivized to be highly effective, notably due to biases and lack of research from donors. One common issue is
scope neglect: emotional responses don't scale linearly with the number of beneficiaries helped.
A 2020 study reported that laypeople estimated the most cost-effective charities for saving lives to be between 1.5 and 2 times more effective than the average one, whereas experts estimated them to be 100 times more effective.
* Charities sometimes give aid conditionally, through eligibility requirements such as sobriety, piety, curfews, participation in job training or parenting courses, cooperation with the police, or identifying the paternity of children, charity models enforce the concept that only those who can prove their moral worth deserve help, motivating citizens to accept exploitative wages or conditions to avoid being subject to the charitable system.
* Charity is increasingly privatized and contracted out to the massive nonprofit sector, where organizations compete for grants to address social problems. Donors can protect their money from taxation by storing it in foundations that fund their pet projects, some of which have nothing to do with poor people.
Economist
Robert Reich criticized the practice of billionaires giving some of their money to charity, calling it mostly "self-serving rubbish". Mathew Snow of
American socialist magazine
''Jacobin'' criticized charity for "creating an individualized 'culture of giving'" instead of "challenging capitalism's institutionalized taking."
Charity fraud
Charity regulators
Charity regulators oversee the registration, compliance, and governance of charitable organizations within their respective jurisdictions. Examples include:
*
Australian Charities and Not-for-profits Commission
*
Canada Revenue Agency
The Canada Revenue Agency (CRA; ; ) is the revenue service of the Government of Canada, Canadian federal government, and most Provinces and territories of Canada, provincial and territorial governments. The CRA collects Taxation in Canada, taxes, ...
*
Charity Commission for England and Wales
*
Charity Commission for Northern Ireland
*
Inland Revenue Department (Hong Kong)
*
Office of the Scottish Charity Regulator
*
United States Internal Revenue Service
See also
*
Aid agency
*
Benefit corporation
*
Charitable trust
*
Charity watchdog
*
Community organization
*
Community organizing
Community organizing is a process where people who live in proximity to each other or share some common problem come together into an organization that acts in their shared self-interest. Unlike those who promote more-consensual community buil ...
*
Cy-près doctrine
*
Foundation
*
Fundraising
Fundraising or fund-raising is the process of seeking and gathering voluntary financial contributions by engaging individuals, businesses, charitable foundations, or governmental agencies. Although fundraising typically refers to efforts to gathe ...
*
Grants
*
Nonprofit organization
A nonprofit organization (NPO), also known as a nonbusiness entity, nonprofit institution, not-for-profit organization, or simply a nonprofit, is a non-governmental (private) legal entity organized and operated for a collective, public, or so ...
*
Service club
A service club or service organization is a Volunteering, voluntary nonprofit organization where members meet regularly to perform Charity (practice), charitable works either by direct hands-on efforts or by raising money for other organizations. ...
*
Governance
Governance is the overall complex system or framework of Process, processes, functions, structures, Social norm, rules, Law, laws and Norms (sociology), norms born out of the Interpersonal relationship, relationships, Social interaction, intera ...
*
Social enterprise
A social enterprise is an organization that applies commercial strategies to maximize improvements in financial, social and environmental well-being. This may include maximizing social impact alongside profits for co-owners.
Social enterprises ha ...
*
Mutual aid
Mutual aid is an organizational model where voluntary, collaborative exchanges of resources and services for common benefit take place amongst community members to overcome social, economic, and political barriers to meeting common needs. This ...
, alternative to charity
*
World Giving Index
*
List of charities accused of ties to terrorism
References
External links
*
*
{{Authority control
Types of organization
Wills and trusts