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FREQUENTLY ASKED QUESTIONS

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FAQ: What is “Charities, Inc.?”

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     Ans:     The American Legion Department of Ohio Charities, Inc. is a subsidiary corporation of the American Legion Department of Ohio, which was established in 2003 to receive charitable contributions as a 501 (c)(3) organization and contribute to national, statewide, and local charitable programs of The American Legion and our subordinate Posts.

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The most commonly supported programs are in the areas of Children and Youth, Americanism, Veterans Affairs and Rehabilitation, National Security, and Community Service.  The above named major program areas include support of youth baseball, flag etiquette and patriotism, hospitalized veterans programs, Emergency relief from natural disasters, support for military troops and local food pantries, community chests, parks, recreation facilities, and scouting programs.

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FAQ: Why does the State of Ohio require 50 percent of gaming proceeds be

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          given a 501(c)(3) charity?

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          Ans:     The legislature cannot pass a law in conflict with the State of Ohio Constitution, which permits gambling for only two purposes:

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              1 – the lottery for education

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     2 – bingo, which has been defined to include instant bingo and other methods of gaming, may be legal if played for charity.  The only one hundred percent charitable organizations are 501(c)(3) groups.

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FAQ: Why not contribute our gaming proceeds to our 501(c)(3) Post Scholarship Fund?

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          Ans:     Gaming proceeds can only be distributed to government entities and 501(c)(3) public charities.  The IRS has classified some 501(c)(3) organizations, including veterans’ organizations, as Private Foundations, which are not eligible to receive gaming revenue.

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FAQ: What determines if a charity is public or private?

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          Ans:          Public charities have a broad base of support from which no one source

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contributes more than about thirty percent or one-third of the organization’s total income (IRS Publication 4220).

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FAQ: How frequently should our Post send the money to Department Headquarters?

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          Ans:     No more often than monthly.  Smaller Post operations may wish to only submit quarterly.  It is the Post’s prerogative.


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FAQ: Why should we contribute to American Legion Department of Ohio Charities, Inc. and only receive back ninety percent, when other 501(c)(3) organizations will give us back ninety-five percent?

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          Ans.:     Basically, your Post and Charities, Inc. have the very same goal, to promote the many programs of The American Legion.  The vast majority of Posts can only hope to support very few of these programs while Charities, Inc. is able to serve a greater charitable need.  Also, the 501(c)(3) organization is restricted by its aims and purposes as for what it may spend its funds.  Other organizations may limit the use of those returned funds to its own charter.  If you expend the funds for programs of your own choosing, you may be violating their intentions and misappropriating the money.

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FAQ: How long does it take to get back the ninety percent?

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          Ans:     The funds will be deposited the day received and a check issued as soon as it clears.  Checks are usually written from “Charities, Inc.” at least twice a week.

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FAQ: Can we receive our funds earlier, if necessary?

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          Ans:     If you request an immediate return of funds for a specific purpose, we will endeavor to write a check to your Post immediately.

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FAQ: How can the returned funds be spent?

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          Ans.:     Charities, Inc. is providing the return to your Post funds for the “charitable programs” of The American Legion, which include a multitude of activities in areas of Americanism, VA&R, Family Support Network, Religious Emphasis, Patriotic, Children and Youth, Baseball, Boys State, community service, Gifts for Yanks, National Emergency Fund, Scholarships, Child Welfare Foundation, assistance to veterans, and the list goes on… If you have specific questions, don’t hesitate to call Headquarters.

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FAQ: Who are the Trustees and how are they selected?

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          Ans:     The original three Trustees nominated at the inception of Charities, Inc. in 2003 were then Department Commander Glenn Hickman, NECman James Morris and Judge Advocate, Attorney Art Lustig from Districts 12, 6, and 13 respectively.  Commander Hickman held a three-year appointment, Jim Morris a two-year and Art Lustig a one year.  Since that time each successive commander has renominated these trustees with the concurrence of the Department Executive Committee.

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FAQ: Are Trustees paid?

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          Ans:     No.  Reasonable allowances for travel expenses to attend infrequent meetings may be authorized, as are provided nearly all Department committees of The Ohio American Legion.

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