CATEGORY
DIY Nonprofit Law
Starting a nonprofit

DIY Nonprofit Law – Top Five Mistakes

The state form does not include the tax provisions that the IRS requires tax-exempt organizations to have. Would be founders that file using the state’s form Articles of Incorporation without including an attachment with the appropriate tax provisions will end up with a taxable nonprofit – a result almost no one intends.

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Nonprofit Corporate Structure
Nonprofit Mergers, Acquisitions, and Affiliations

Nonprofit Corporate Structure – One Size Does Not Fit All

I am fortunate to represent a number of established and growing nonprofits, some of which are expanding into new geographic areas and new markets or scaling up their existing operations to meet demand. I am often asked to advise them on how best to structure their organizations to accommodate growth. Invariably, my answer is the classic lawyer answer – it depends.

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1023-EZ
Nonprofit Tax

IRS Introduces Form 1023-EZ

The goal of the streamlined application process is to permit small charities without complex issues to get up and running more quickly. The streamlined application will also permit the IRS to spend less time reviewing applications and more time focusing its energies on monitoring compliance for organizations that have been approved.

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donor restricted gifts
Grantmaking and Gift Planning

Managing Donor Restricted Gifts

Giving donors the power to restrict their gifts for a specific purpose or program or to restrict the timing and amount of expenditures can be a powerful giving incentive. Restrictions give donors comfort that their gift will be used as they envision.

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IRS

Form 1023 Questions Posted by IRS

The IRS has posted in links to the questions Exempt Organizations specialists are instructed to ask in relation to various issues raised by applications for exemption and miscellaneous determination requests.

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When setting nonprofit executive compensation, consider implementing practices and procedures that ensure its executive compensation procedures are thorough, well-documented, and conflict-free. Doing so will ensure compensation decisions  will stand up to the scrutiny of the media, regulators, and donors, and protect the employee as well as the board from personal liability.
Governance

Managing Conflicts of Interest

Whenever nonprofit directors, officers or staff members’ personal interests are impacted by their decision-making on behalf of the nonprofit, conflicts of interest can arise. All nonprofits encounter conflicts and all nonprofits need to understand effective conflict management.

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Social Welfare Organization
Nonprofit Tax

Tax-exempt Status Reinstatement

This very helpful Procedure sets forth streamlined processes organizations whose tax-exempt status has been automatically revoked for failure to file required annual returns or notices for 3 consecutive years to regain their tax-exempt status retroactive to the date of of revocation.

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charitable solicitation registration
Governance

Best of CharityLawyer Blog 2013

At the end of each year we like to look back at our most popular posts to evaluate what our readers are finding most interesting and useful on the blog.

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How to Start a Non-Profit Organization

Download our free guide to learn about the many elements needed to run a successful nonprofit organization, as well as how to avoid common pitfalls and mistakes.