There are several misconceptions about the legal requirements of non-profits that not only pervade the general public, but also creep their way into the media and in non-profit governance and management. Below are a few such myths followed by a debunking overview.
The Service announced in Rev. Proc. 2018-38 that it would no longer require most tax-exempt organizations to report the names and addresses of substantial contributors. The change did not apply to purely public charities exempt under Sec. 501(c)(3). Substantial donor information is currently reported on Schedule B, Schedule of Contributors, of Form 990, Form 990-EZ, Form 990-PF and Form 990-BL. The ruling reduced transparency with respect to substantial contributors and was widely seen as a boon to dark-money forces seeking to influence our elections.
The new Revenue Procedure was swiftly challenged in court. Montana and New Jersey filed suit to challenge the rule change on the basis that the federal data is shared with the states and they rely on the substantial-contributor information in enforcing their own laws. On July 30, 2019, a federal district court in Montana ruled that the IRS violated federal law when it adopted Revenue Procedure 2018-38.
The main potential problem areas for nonprofits regarding private inurement are: 1) Compensation agreements for executive employees or trustees; 2) Business relationships with entities in which an organization insider or insider’s family member has an interest; and 3) Benefits paid to an insider or a member of the insider’s family as a member of the charitable class the organization serves. Fortunately, there are steps that non-profits can take to ensure these improper benefits do not occur.
Nonprofit bylaws govern the internal operations of the organization. Too many nonprofits make the mistake of ignoring their bylaws. In […]
In July 2019, the Arizona State Board for Charter Schools (“Board”) approved several measures designed to make the charter schools it sponsors more transparent to the public. The Board also approved an implementation plan that will require all of the charter schools it sponsors to adopt these new charter school transparency requirements for fiscal year 2020.
Nonprofits are increasingly subject to growing regulatory burdens and high expectations from donors, clients and the public. One way nonprofit […]
The establishment and maintenance of a nonprofit endowment fund can be a very important factor in ensuring the sustainability of […]
Many nonprofits question whether they should use an offer letter or employment agreement for new employees. Understanding the general use […]
The Board/CEO relationship can make or break the success of a non-profit organization. The Board of Directors is the collective […]
Board members are passionate, responsive, driven, and engaged. A nonprofit board member usually has a strong interest in the work […]
We have written about how to form chapters and affiliates, but sometimes nonprofits ultimately decide they have created too many […]
The non-profit entity has been formed, the board of directors is in place, and your bylaws have been written. You’re ready […]
When setting up a non-profit organization, many people overlook the importance of crafting nonprofit bylaws that are customized to the […]
You’ve decided to incorporate – congratulations! This is a big step in any non-profit business venture. When you’re finished, your organization […]
A nonprofit embezzlement incident is emotionally devastating, causing nonprofit leaders to question their own judgment and management ability. It erodes […]
As you’re assembling your non-profit board of directors, your mind may naturally turn to who holds the power and actually […]
Once you’ve done your non-profit research and created a business plan, you know the what and why of your organization. […]
Have you ever had an idea you can see so clearly, so precisely, that you know it has to be shared with the rest of your community, state, country, or even the whole world? You’ve probably thought about starting a non-profit organization as a way to turn your dream into a reality.
It’s important to remember that a non-profit organization is a business, just like all the for-profit companies out there. You should think like a CEO right from the start. With the proper tools and support, you can start giving back to your community and changing lives. In this post, we’ll explore four things you should do as you make plans to get your non-profit organization up and running.
The recent high-profile ouster of Southern Poverty Law Center CEO and Founder Morris Dees, and the resignation of Board Chair Richard Cohen, show how things can go awry when a board does not provide appropriate oversight.
The board collectively, and directors/trustees individually, owe fiduciary duties to the nonprofit organization they serve. In essence, exercising fiduciary duties means that board members have a duty to act with care and in the best interest of the organization and remain loyal to its mission, as opposed to acting in their own interest or the interest of the CEO/Executive Director they supervise.
Whether your interested in giving abroad because you’ve traveled to distant parts of the world and were inspired by the inventiveness of the communities you visited, read about an issue in a news article, or maybe just feel a special kinship with a given place, the desire to help can quickly move to the top of your priority list.