Form 990 Privacy Objections and Answers

In Brief

Reading Time: 3 minutes

The 990 has been public for decades. The sky hasn’t fallen yet.

We’ve heard every one of these. At conferences, in webinars, over the phone, and from members of the public who found their organization on our site and wanted a word.

Some are fair questions from careful people. Others require a deep breath. One caller even asked whether the IRS would find out. (We answer that one at number 11.)

So here are the objections we hear most.

“Doesn’t This Expose Our Donors?”

For public charities, contributor names and addresses on Schedule B are generally excluded from public disclosure. Your donors report to you, and you report to the IRS. Private foundations and political organizations play by different rules, so if you’re one of those, read the fine print.

“Just Because It’s Public Doesn’t Mean You Should Gather It All in One Place.”

Public records only serve the public when people can actually find them, compare them, and understand them. A 990 buried in an IRS database is accountability in name only. Candid, ProPublica, and Charity Navigator have been gathering 990s for decades for exactly that reason. We’re publishing an organization’s tax filing, which the law requires to be public. If aggregation itself is the worry, start with the data brokers who know your mother’s maiden name.

“We Never Consented to This.”

You did, when you accepted tax exemption. Federal law requires your 990 to be publicly available. Public disclosure is the price of not paying taxes, and it’s a bargain. The law doesn’t require you to be on our site specifically, but it’s the same document anyone can already get.

“What About Our Board Members’ or Staff’s Home Addresses?”

The form doesn’t ask for them, and organizations can generally use their business address. If someone put a home address on a past return, that copy is already public, but future filings can use the office address instead.

“The Numbers Lack Context. People Will Misread Our Overhead.”

Fair point, and that’s what profile claiming is for. Claim your profile and tell your own story next to the numbers. Silence is what lets people draw their own conclusions.

“Could We Be Exposed to Legal Risk If Something’s Wrong?”

It depends on where the mistake is. If it’s in your filing, that’s your own document, signed under penalty of perjury, and the fix is an amended return. If we display something incorrectly, that’s on us, and we’ll correct it. That’s unlikely, though, since the data comes straight from the IRS’s own e-file records. We don’t retype anything.

“Can We Opt Out?”

No more than you can opt out of the 990 itself. It’s a public record, and it stays public. What you can do is show up, claim the profile, and look like the most transparent organization in your sector. In a world of anxious donors, that’s a competitive advantage.

“What If Your Site Gets Hacked?”

The public filings? A hacker would get information that’s already on ProPublica. Robbing that is the most boring heist imaginable. Account information from claimed profiles is a separate matter, and we treat it seriously.

“Doesn’t Publishing Salaries Invite Criticism?”

Sometimes, even for perfectly reasonable salaries. Everyone has an opinion on what a nonprofit CEO should earn, usually less than they’d accept themselves. The answer isn’t hiding the number, it’s being able to explain it. Your board should already know what everyone is paid and why. If you can explain it to them, you can explain it to a donor.

“Someone Can Find Out How Much I Make and Rob My House.”

Don’t flatter yourself. No burglar is sitting at a desk studying IRS filings. Apollo and ZoomInfo will sell your work email, cell number, and title to anyone with a credit card. Spokeo, Whitepages, and BeenVerified will add your home address, your relatives, and your past addresses for the price of lunch. Your county property appraiser lists who owns your house and what it’s assessed at, for free. Zillow will estimate its value and walk a stranger through it room by room, with detailed photos of the kitchen. Glassdoor will take a guess at your salary.

The 990 doesn’t ask for staff home addresses, and organizations generally use their business address. Pay is reported only for officers, directors, trustees, key employees, the five highest-paid other employees earning over $100,000, and certain former officers and employees. If you’re not on that list, the IRS has already decided you’re not that interesting. Walking past your house still tells a thief more than a 990 ever will.

“Won’t the IRS Find Out?”

Yes. They’re the ones who sent it to us.

The IRS collects your 990, makes it public, and publishes the e-filed data for anyone to download. We just made it easier to read. If the IRS finding out was the worry, the time to raise it was before you signed the return.

If privacy is the concern, the 990 is the least of our worries. Our LinkedIn profiles, Zillow listings, and Apollo records are doing far more talking. And transparency is the progressive position. Sunlight, good government, accountability… the 990 is all three, and it was here long before we were.

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  • Viken Mikaelian founded PlannedGiving.com in 1998 and has spent nearly three decades advising and training nonprofit professionals responsible for billions in charitable gifts. He has presented at over 500 fundraising conferences and is widely published on planned giving strategy. Viken is the founder of philanthropy.org and publisher of GIVING Magazine.

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