Compensating Nonprofit Fundraisers [2026]

5 Risks of Third-Party Fundraisers (and How a Fundraising Policy Can Help)

Clients often ask us whether they can pay an outside fundraiser on a percentage basis. While the practice is not illegal, paying fundraisers on a percentage basis raises several concerns.

Many nonprofits face a hard question: how should they pay fundraisers? Board of directors often weigh fee-for-service compensation against percentage-based compensation. Percentage-based compensation is legal, but it can raise worries about fundraiser motives and donor protection.

The Association of Fundraising Professionals, the American Association of Fund-Raising Counsel, and the National Catholic Development Conference prefer fee-for-service compensation for this reason.

This post will show clear pros and cons, IRS risks like excess benefit transaction penalties, and practical choices for small nonprofits. You will learn about hybrid pay, caps tied to fair market value, and why you might exclude planned gifts from percentage calculations.

It will also cover Form 990 reporting and how to protect volunteer engagement and reasonable compensation. Read on.

Key Takeaways

  • AFP, AAFRC, and NCDC prohibit percentage-based fundraiser pay and prefer fee-for-service to avoid ethical conflicts and protect donor stewardship.
  • Percentage pay risks IRS scrutiny, excess benefit transaction penalties, and potential threats to a nonprofit’s tax-exempt status without independent valuation.
  • Small nonprofits may use a low base fee plus a capped percentage bonus, exclude planned gifts, and require board approval and conflict-of-interest policies.
  • Boards must benchmark pay with comparable nonprofits, document compensation on Form 990, and use written contracts with clear metrics, caps, and review periods.

Compensation Methods for Nonprofit Fundraisers

Nonprofits pay fundraisers by fee-for-service, flat fees, or commission models and they must follow guidance from the Giving Institute and State Association of Nonprofits. Boards should check rules on independent contractors, minimum wage, fringe benefits, and fiduciary duties before they sign any contract.

Fee-for-Service Compensation

Fee-for-service compensation serves as the industry standard and preferred model for many fundraisers. It separates payment for work from commission-based compensation for fundraising.

Organizations hire independent contractors and development professionals under fixed fees to set total compensation. This model protects nonprofit employees and nonprofit board members from conflicts tied to gifts.

Planned gifts often require long timelines and deep donor relationships. Fundraisers must track cultivation steps over months and years.

Fee-for-service pays the fundraiser for the work, not a cut of the gift.

Leading associations, including AAFRC, NCDC, and AFP, prohibit percentage payments in fundraising. Those rules reflect ethical and legal concerns for public charities and tax-exempt organization status.

Some groups say fee-for-service matches the fiduciary duties of boards and executive director roles. It also clarifies fringe benefits, minimum wage obligations, and contractor status under federal and state rules.

Land Trust Alliance, Pennsylvania Land Trust Association, and WeConservePA have debated payment forms with input from The Giving Institute and the National Council of Nonprofits. The following section covers the standard and preferred approach.

Standard and preferred approach

After discussing fee-for-service compensation, many nonprofit organizations treat it as the standard. Major fundraising associations and related organizations endorse that model. The practice promotes a consistent, transparent pay structure for fundraisers.

Ken Goldstein wrote about the benefits on The Nonprofit Consultant Blog.

Boards and nonprofit leaders usually set contracts tied to services rendered. The Pennsylvania Department of Conservation and Natural Resources follows clear compensation policies.

Private foundations and the equity task force support firm guidelines. Civil rights laws and the Federal Volunteer Protection Act shape legal limits for pay.

Prohibited by key organizations

Moving from standard and preferred approach, major fundraising associations ban percentage-based compensation. The American Association of Fund-Raising Counsel (AAFRC) prohibits percentage-based compensation.

The National Catholic Development Conference (NCDC) also prohibits such practices. The Association of Fundraising Professionals (AFP) upholds this prohibition as well. These groups serve as key authorities in fundraising ethics and standards.

Those bans affect donor stewardship, charitable gift agreements, and contracts with fundraising counsel. Nonprofits must use fee-for-service, hourly, or flat-rate models instead of percentage pay.

Development officers and consultants follow those rules in gift planning and campaign work.

Advantages of fee-for-service compensation

After key organizations banned percentage fees, many groups look to fee-for-service instead. This method shifts focus to donor stewardship and long-term charity goals.

  • Fee-for-service ties payments to defined tasks and timelines, so fundraisers focus on donor relationships, align incentives with organizational mission, and reduce the risk of chasing immediate financial gain.
  • Fixed contracts give predictable and reasonable compensation structures for both parties, help finance teams plan budgets, and allow legal review of gift agreements and donor stewardship plans.
  • clear fee schedule protects donor intentions and supports planned gifts exclusion, since consultants receive set fees rather than percentages of legacy or major gifts.
  • Using tools like CRM systems and written scopes of work improves accountability, tracks milestones, and shows fundraisers met objectives tied to donor care rather than short-term revenue.
  • Fundraising associations prefer this model because it aligns fundraiser incentives with charity mission, encourages long-term donor interests, and lowers conflicts of interest compared with percentage-based pay.
  • Fee-for-service supports fair compensation across projects, helps small nonprofits budget, and offers consultants stable income while the charity maintains control of donor relationships and gift stewardship.

Percentage-Based Compensation

Small nonprofits often use percentage-based compensation to hire fundraising consultants. It lets groups without funds access professional help. Fundraisers see higher motivation when their pay ties to dollars raised.

This model lowers upfront financial risk for organizations with tight budgets. Some teams use CRM tools and donor databases to track results.

Large fundraising associations warn against this approach and cite ethical concerns. Payment tied to gifts can skew donor stewardship and hurt long-term relationships. Organizations can limit exposure by excluding planned gifts from calculations, or by using flat fees and targeted performance bonuses.

Consider these trade-offs before moving to percentage payments, and then review the risks and alternative approaches in the next section.

Viewed as beneficial by small nonprofits

Following the discussion of percentage-based compensation, many small nonprofits view this model as practical. It lets groups with limited budgets hire experienced fundraisers. Fundraisers can work on major gifts, crowdfunding, and CRM-driven campaigns without upfront fees.

This approach can attract results-driven professionals who aim to boost revenue quickly.

Boards often lack cash to pay standard fees. Percentage pay removes the initial capital barrier. Staff can test consultant-led event fundraising or capital campaigns using no upfront cost.

Leaders can compare outcomes, then decide on longer term fee-for-service agreements.

Concerns from fundraising associations

Fundraising associations stress that nonprofits must protect donors’ interests above all. They warn that percentage-based pay can push fundraisers to favor personal gain over donor intent.

Such arrangements may produce unreasonable payments that draw IRS scrutiny and audits. Associations cite risks of excess benefit transaction penalties and threats to tax-exempt status for the organization.

Alternative compensation approaches for nonprofits considering percentage-based methods

Nonprofits can use options that blend security with incentives. These approaches reduce risk while rewarding performance.

  • Set a capped percentage on payments, and link the cap to fair market value. Ask for a compensation study and compare pay at similar nonprofits before approving any deal.
  • Offer a low fee-for-service rate plus a capped percentage bonus. Make the cap clear in writing and limit total payout to the fair market value for comparable roles.
  • Tie bonus triggers to clear, negotiated metrics, such as donor retention, new major gifts, or revenue targets. Specify measurement methods in the contract and use the donor database or CRM for tracking.
  • Require a formal review of compensation at comparable organizations every one to three years. Use benchmarking tools, compensation studies, and IRS Form 990 data to verify market rates.
  • Exclude planned gifts from percentage calculations in all agreements. State exclusions plainly to avoid disputes and to align with best practices from fundraising associations.
  • Conduct due diligence on salary ranges before finalizing deals. Check compensation studies, peer nonprofit data, and legal guidance to confirm any cap matches fair market value.

Implications of Using Percentage-Based Payments

Paying a share of gifts can push staff to chase fast donations and hurt donor stewardship. It can also trigger compliance reviews of gift agreements and tax filings and force changes in the donor database and fundraising software.

Risks and concerns

Percentage-based pay can trigger legal and financial problems. Organizations must weigh those risks against fundraising goals.

  • IRS scrutiny can arise if payments seem unreasonable, and a fundraiser paid above fair market value may spark an audit of Form 990 disclosures.
  • The organization may face excess benefit transaction penalties under IRS rules if compensation exceeds fair market value, which can harm donors and directors.
  • Improper pay arrangements can threaten the nonprofit tax-exempt status, so the board must document approval and use independent valuation or comps for benchmarks.
  • Fundraiser incentives may misalign with donor priorities and gift planning, causing pressure to prioritize large gifts over mission fit or long-term stewardship.
  • Fundraising groups such as the Association of Fundraising Professionals view percentage fees as a prohibited practice, which can harm reputation and professional relationships.
  • Use conflict of interest policies, written contracts, and independent valuation tools to set fair fees and protect the organization from penalties and operational risk.

Next, examine alternative compensation approaches for nonprofits considering percentage-based methods.

Alternative compensation approaches

After listing risks and concerns, shift focus to safer pay options. Use clear criteria to weigh tradeoffs and document terms.

  • Set a low base fee plus a capped bonus tied to performance, with performance metrics negotiated and documented; this balances fixed income and incentive while limiting payout risk for the nonprofit.
  • Use a capped percentage plan, such as a 5 percent limit on gifts, to mitigate risk; state explicit exclusions for planned gifts and other deferred income in the agreement.
  • Benchmark pay using compensation data from comparable organizations and IRS Form 990 reports to ensure fairness and compliance; cite at least three peer groups or databases in the contract.
  • Pay flat fees for specific services, like prospect research, donor stewardship, or direct mail management, and list deliverables, timelines, and measurable outcomes in writing.
  • Offer time-limited bonuses tied to clear, documented goals, such as $10,000 for securing three major donors of $25,000 or more, with metrics agreed upon before work begins.
  • Use a hybrid model with a modest monthly retainer plus a capped incentive; include audit rights, reporting cadence, and dispute resolution to protect the organization and the fundraiser.

Considerations for Nonprofit Organizations

Review your gift acceptance policy and donor agreement with an attorney. Run scenarios in your donor management platform and constituent database, and test payments with a gift calculator before you sign a contract.

Excluding planned gifts

Nonprofits should exclude planned gifts that materialize during a fundraiser’s contract from that fundraiser’s compensation. Donors may have arranged estate gifts or bequests before the fundraiser began, so the fundraiser may not have directly earned those gifts.

This approach helps ensure pay matches work done. Boards and executives can document exclusions in the contract and list estate gifts, bequests, and legacy pledges as exempt items.

Assessing options before finalizing agreements

Assess options before you sign any compensation deal. Conduct due diligence and salary research at similar organizations.

  1. Benchmark pay with a compensation study and salary surveys from similar charities, using three to five comparable organizations to set fair market rates and avoid legal or ethical pitfalls.
  2. Check fundraising association rules, including the Association of Fundraising Professionals policy on percentage-based pay, to ensure the plan stays within accepted standards.
  3. Consult legal counsel and an accountant to review contract language, tax treatment, and potential donor restrictions before any payment triggers or clawbacks occur.
  4. Exclude planned gifts from fee calculations in writing, and state that bequests and deferred gifts will not count toward commissionable revenue.
  5. Require board approval and a signed conflict of interest policy for any external fundraiser, with annual reviews and public transparency on compensation.
  6. Define clear performance metricspayment timing, and caps in the agreement to reduce incentives for risky solicitation and to protect donor relationships.
  7. Run a pilot or limited-term agreement with objective reviews, then adjust terms based on outcomes and further salary benchmarking at similar organizations.

Weighting the pros and cons

Below is a clear summary to help nonprofits weigh pros and cons of fundraiser pay models.

CategoryKey Points
Legal StatusPercentage-based compensation is legal in many jurisdictions. Association of Fundraising Professionals and similar fundraising associations advise against its use. Fee-for-service remains the standard and preferred approach for most nonprofits.
AdvantagesPercentage pay can align fundraiser earnings with results.Small nonprofits may see short-term gains from percentage deals.Fee-for-service gives clear budget forecasts and limits liability.
RisksPercentage plans can create ethical conflicts with donors and staff. Reputational harm may follow if fundraising associations publicize violations. Unintended pressure can skew donor stewardship and long-term relationships.
Practical ConsiderationsExclude planned gifts from percentage calculations to protect legacy donors. Use a gift tracker or donor list manager to measure outcomes objectively. Draft clear contracts that state metrics, timelines, and ethical safeguards.
AlternativesHybrid models pair a base fee with performance bonuses. Fee-for-service plus milestone bonuses can limit risk and reward success. Use contact relationship manager tools to track milestones and trigger bonuses.
AlignmentMatch pay plans to organizational values and industry standards.Consult fundraising associations before finalizing agreements.Prioritize donor trust and long-term sustainability over quick wins.

Carefully assessing options before finalizing agreements

Boards should run a full evaluation of compensation choices before signing any agreement. Staff should list risks, legal obligations, cost estimates, and fundraising goals during that review.

Nonprofits should consult legal counsel like Ellis Carter to ensure compliance and best practices. Call 602-456-0071 or use the contact form on the Caritas Law Group website for guidance.

Conclusion

Weigh the pros and cons of fee-for-service and percentage pay using IRS rules, AFP guidance, and market benchmarking. Talk with counsel like Ellis Carter at Caritas Law Group and set a low base fee plus a capped bonus tied to clear performance benchmarks and excluded planned gifts.

FAQs

1. What payment types do nonprofits use to pay fundraisers?

Nonprofits use salary, stipend, commission, or bonus to pay fundraisers. Choose clear incentives that fit your budget and ethical guidelines. Keywords: compensation, nonprofit fundraisers, salary, commission, stipend, incentives.

2. Are commissions allowed for nonprofit fundraisers?

Commissions can be allowed, but many groups avoid them. Tax rules and ethical guidelines sometimes limit commissions to protect donor relations and legal compliance. Keywords: legal compliance, ethical guidelines, donor relations, tax rules.

3. How do we set fair pay for fundraisers?

Write a clear pay policy and use performance metrics to guide pay. Leaders and the board compare market pay, role, and results before they set compensation. I once watched a small group change a pay plan after a frank talk, and it improved morale and results. Keywords: written policy, performance metrics, compensation, nonprofit fundraisers.

4. Must we report fundraiser pay to the tax agency and the public?

Yes, nonprofits must follow tax rules and report key pay in annual filings. Good transparency builds trust with donors and keeps legal compliance strong. Keywords: legal compliance, tax rules, transparency, compensation.


Ellis Carter is a nonprofit lawyer with Caritas Law Group, P.C. licensed to practice in Washington and Arizona. Ellis advises nonprofit and socially responsible businesses on corporate, tax, and fundraising regulations nationwide. Ellis also advises donors with regard to major gifts. To schedule a consultation with Ellis, call 602-456-0071 or email us through our contact form.

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