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Foreign Agent Registration
International Operations and Grants

Foreign Agents Registration Act

FARA defines “foreign principal” broadly to include any, government, political party, association, corporation, or other organization that was either established under a foreign country’s laws or maintains its principal place of business in a foreign country; and any individual outside of the United States. An “agent” is an individual or entity that acts within the United States at the direction of either a foreign principal or a person whose activities are supervised or directed by a foreign principal.

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May 9, 2022 No Comments
990 filing deadline
Nonprofit Tax

Form 990 Filing Deadline for Calendar Year Taxpayers

ine to file Form 990 for calendar year taxpayers. the tax return is filed late, the IRS imposes late fees based on the organization’s gross receipts ($20 day per day for organization’s whose gross receipts are less than $1 million and $100 per day for organization’s whose gross receipts are more than $1 million).  Failure to file Form 990 for three consecutive years will result in automatic loss of tax exempt status.

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May 2, 2022 No Comments
OFAC RULES FOR HUMANITARIAN AID
Starting a nonprofit

Foreign Aid and OFAC Sanctions

Certain countries, regimes, businesses, and individuals are subject to sanctions administered by the Department of Treasury’s Office of Foreign Assets Control (“OFAC”).

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April 25, 2022 No Comments
Nonprofit Raffles
Fundraising Regulation

Gambling with Your Nonprofit

Everyday nonprofits seek to change the world on what often seems to be pennies on the dollar. Nonprofit leaders commonly think of grant money and tax-deductible donations when fundraising, but in many states being a nonprofit allows certain nonprofits to legally conduct gambling activities that would otherwise be criminalized under state law. Inadvertently violating these gambling laws can have steep consequences so if your organization is planning an event that involves some form of gambling, it pays to do it right.

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April 18, 2022 No Comments
starting a church
Nonprofit Tax

Starting a Church

What is the difference between starting a church and starting another type of religious nonprofit?

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April 11, 2022 No Comments
Tax-exempt Purpose
Starting a nonprofit

Tax-exempt Purpose

There are 29 different exemptions under Code Section 501, the most popular of which is Section 501(c)(3). If the corporation plans to qualify for tax-exemption under Section 501(c)(3), the articles must limit the corporation’s activities to tax-exempt purposes. Tax exempt purposes include:

religious,
charitable,
scientific,
testing for public safety,
literary,
educational,
to foster national or international amateur sports competition, or
promote the arts, or for the prevention of cruelty to children or animals.

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March 28, 2022 1 Comment
Choice of Domicile for Nonprofit Corporations
Starting a nonprofit

Choice of Domicile for Nonprofit Corporations

Over the years we have worked with organizations in many different states and have had the chance to form some opinions about choice of domicile for nonprofits. Some of the factors that have influenced our thoughts on this matter include states requiring mandatory audits, multiple agencies overseeing nonprofits, unclear statutes governing nonprofit corporations, and aggressive regulation.

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March 21, 2022 No Comments
Fiscal Sponsorship vs. Fiscal Agency
Starting a nonprofit

Nonprofit Jargon Buster Fiscal Sponsorship vs. Fiscal Agency

The term “Fiscal Sponsorship” describes an arrangement between a non-profit organization with 501(c)(3) tax exempt status and a project, often a new charitable effort, conducted by an organization, group, or an individual that does not have 501(c)(3) status. Fiscal sponsorship permits the exempt sponsor to accept funds restricted for the sponsored project on the project’s behalf. The sponsor, in turn, accepts the responsibility to ensure the funds are properly spent to achieve the project’s goals. This arrangement is useful for new charitable endeavors that want to test the waters before deciding whether to form an independent entity as well as temporary projects or coalitions that are looking for a neutral party to administer their funds.

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March 7, 2022 No Comments
Nonprofit Tax

Taxable Subsidiaries

Income generated from activities outside a nonprofits’ exempt purpose is taxable as unrelated business income (“UBI”). One option to conduct taxable activity is to form a new company wholly owned by the nonprofit called a taxable subsidiary.

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February 28, 2022 No Comments

How to Keep your Non-Profit Compliant in All 50 States

Most states require you to register your organization if you solicit donations from their residents. Many states also require registration if your organization collects substantial or ongoing donations from their residents, even if you aren’t specifically targeting donors in that state. Download our comprehensive list of each state’s requirements.

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