Posts Tagged ‘501(c)(3)’

The filing deadline for the 2009 Form 990 is May 17, 2010 for 501(c)(3) and other tax-exempt organizations running on a calendar year basis.  There is nothing particularly new about that.  What IS new is that this year’s filing obligation has the potential to cause an enormous amount of heartache to those nonprofits that are unaware of the requirements and fail to do what is necessary.  We touched on this briefly in our last article, but we want to expand on it a little bit.  We implore all of our clients and friends to read this article carefully and be informed.

ALL tax-exempt organizations must file Form 990. With the distinct exception of churches, all 501(c) nonprofits are required to file a version of Form 990.  We’ve been saying this over and over, but we still find that the message is not quite getting through.  To make it easy to understand, ALL means ALL.  No exceptions!

Read the rest of this entry »

As long-time readers of our articles know, most of our posts focus on tips and best practices for effective nonprofit management.  This post is going to be a little different.  There is so much going on right now that affects nonprofits, we thought it would be a good idea to provide you with a brief run-down of some things you need to know.  Some of it is related, some not.  Here we go…

1.  Many smaller nonprofits could lose their tax-exemption this year. How?  Tax filing year 2009 is the third year that the IRS has required the filing of Form 990-N for organizations averaging under $25,000 in annual revenue.  Prior to 2007, no filing was necessary.  IRS regulations state emphatically that any 501(c)(3) public charity that fails to file a required Form 990 for three consecutive years will automatically lose their tax-exempt status.  Unfortunately, many organizations are either still unaware or just whistling Dixie and not taking this seriously.  I expect panic to set in when letters of revocation start hitting mailboxes later this year. Read the rest of this entry »

Founder’s syndrome.  It affects nonprofits and for-profits alike.  And it can be crippling to any organization.  Understanding what it is and how to avoid it is crucial to the future of your 501(c)(3).

Taken from that most-reputable of sources, Wikipedia, founder’s syndrome is defined as, “a pattern of negative or undesirable behavior on the part of the founder(s) of an organization”.  While that can be true, we find that most cases of founder’s syndrome within nonprofits simply involve a founder with too much influence.  In plain English, it means that the universe revolves around the founder…and not in a good way.  Here is an example of the way it usually works:

Read the rest of this entry »

It’s one of those administrative tasks that must be done every year:  mailing your donors a year-end statement of their contributions.  Even if you are receipting on a per gift basis, a year-end itemized report is a best practice that should be adopted.  If you are already doing that, good for you!  But let me ask you this…

Is your year-end donation letter making money for you?

Have you noticed that some nonprofits are still doing fairly well in this economy, even thriving, while others have suffered dramatically?  What do they know that you don’t?  While there are many contributing factors that underlie success in fundraising, I submit that the most important element is effective communication.  One of the best places to communicate is in your receipting to donors.

Read the rest of this entry »

One of the things that you learn quickly when starting and operating a 501(c)(3) organization is that you have to handle money wisely.  A nonprofit is no different than any other business in that you must make ends meet.  Otherwise, your charity will cease to exist.  The current economic difficulties make this task even more challenging as we all are stretching dollars until they are see-through.

But here’s a question you probably haven’t considered:  In all of your efforts to keep the lights on, could it be that you are misappropriating funds without knowing it?  Is it possible that you are even committing a crime?  If you do not understand what the IRS requires regarding designated funds, you might be.

I cannot begin to tell you how many times we see this situation messed up.  Most of the time, it is an innocent attempt by a board or executive director to just be good stewards of the money people have donated.

Read the rest of this entry »

Well, we are pretty much down to it.  There are only a few, short weeks left in 2009…and during much of that time, most of us will be preoccupied with all things Christmas.  But in all the hustle and bustle, there are a few things regarding your nonprofit that require your attention.

A few weeks ago, we talked about some key, end-of-year planning topics (read the post).  Extremely important, but somewhat conceptual.  The following is a checklist of year-end forget-me-nots that absolutely require your attention.  Ready?  Here we go:

Financial records. What is the current state of your financial recordkeeping?  Good, bad…or ugly?  Hopefully it’s more good than bad.  If it’s ugly…well, you’ve really got some work to do.  The fact is, you have a legal requirement to maintain proper financial records.  If your bookkeeping status lies anywhere south of good, get it fixed.  If necessary, hire someone who knows how to do this.  The truth is, the legalities are not even the most important reason to get this right.  You cannot effectively manage your organization without consistently good financial recordkeeping.

Read the rest of this entry »

Boo!

Halloween is upon us…and there is no more appropriate topic that we could cover than how to effectively scare away donors.  In the, um, spirit of the season, let’s look at six ways to guarantee donors will want nothing to do with you!

Be undefinable. Keep ‘em guessing, we say.  Why box yourself into a specific purpose when you can be fluid and flexible…you know, all things to all people.  You need the freedom to pounce on whatever new cause-de-jour comes along.  Let those other nonprofits label themselves.  Not you, though…you be a chameleon.  Keep changing it up.

Be ineffective. Boy, this one gets them every time.  If you want to make a really bad impression, just refuse to accomplish anything measurable.  Rely on grand platitudes and empty rhetoric.  Plan constantly, but never, ever get anything done.  That’s waaaay too much work.  Hey, I know…just pretend you are a congressman!  Talk the talk, then talk some more!  With a little practice, you’ll be a pro at kicking the can down the street.

Read the rest of this entry »

IRS Audit Division

In our last post, we took a look at five of the most common sources that could spark an IRS examination or audit of your 501(c)(3) organization (or other nonprofit).  In this article, we’re going to equip you with five rules you need to know should you get the dreaded notification that your organization is going to be examined.

If you haven’t read the prior article, go here to read it first.

Rule #1:  Don’t panic. Breathe.  Yours is not the first nonprofit to ever be audited.  You can survive this.  I’m not going to lie and say it will be a pleasant experience, because it won’t be.  But, fear causes you to react out of emotion, not logic.  Slowing down and calming your nerves will put you in a much better frame of mind to tackle the next few steps.

Rule #2:  Don’t go it alone. If you could survey every person, business and nonprofit that has ever gone through an audit, I suspect you would find near unanimity about this one.  You need professional representation.  You simply do not have the depth of knowledge or understanding necessary to do this on your own.  It is very much like being your own lawyer at a trial…and you know what they say about that:  “Fool for a client…” Hopefully the professional who helped you prepare your IRS filings is competent to represent you.  Such representation, should it be necessary, is always a part of our preparation services.  A professional understands both the law involved and usually has experience dealing directly with the IRS.  Let them handle it.

Read the rest of this entry »

Free t-shirts for all audit targets! (no, not really)

There is one phrase in the English language that generates more fear and trepidation than any other out there:  IRS AUDIT.  Just hearing the words is enough to cause many a fearless person to break out in a cold sweat and to shrink in terror.  It is bad enough when an individual has to deal with IRS questions.  But when it happens to a nonprofit organization, there is plenty of pain to go around.  Directors, employees, members, donors…all can be affected.  Plus, just the potential bad publicity is enough to cause nonprofit leaders to reach for the Rolaids.

So how does a nonprofit avoid an IRS examination?  It helps to understand some of the situations and events that can trigger an audit.  In this article, we are going to look at 5 sources of audits and give you advice on how stay out of Uncle Sam’s cross-hairs.

1.  Complaints. One of the most common causes of IRS examinations is a complaint filed by a third  party.  Such “whistle-blower” situations may or may not have a shred of credibility to them.  Typically, if the IRS decides to look into the allegations, it will start out as a compliance exam.  It is possible for one of these exams to progress to the status of a full-blown audit, but most do not…at least for those organizations that are operating completely above board.

Read the rest of this entry »

No decision you make regarding your nonprofit organization carries more importance than who is chosen to lead it.  The members of your board of directors make up the governing body of your nonprofit and are legally accountable for its actions.  Practically speaking, they are accountable to your supporters and beneficiaries to oversee the accomplishment of the organization’s purposes.  The buck stops with them…at least it is supposed to!  But that’s another article.

If you are just starting out, who should be asked to serve?  And, if your organization is already established, and vacancies on the board need filling, who should replace the exiting members?  These are questions that are asked by clients of ours quite frequently.  Understandably so.  Concerns of competency, trust, experience and compatibility loom large and demand answers.  In this article, I will attempt to answer these questions, looking first at the issue of installing an initial board, followed by a look at subsequent board positions.

Read the rest of this entry »

In case you missed our blog about this story earlier in the year, the nanny-state strikes again.  Back in January, we told you about a new consumer “protection” law, the Consumer Product Safety Improvement Act, that was going into effect that would effectively put thrift stores out of business.  Many retailers of second-hand items, including many in the nonprofit world who operate thrift stores, protested loudly.  The Consumer Product Safety Commission backed off a bit, not only delaying the implementation, but also exempting second-hand sellers from mandatory lead testing, a previous requirement that would devastated the industry.

Well, the topic is in the news again.  Seems that  even though the testing requirements have been relaxed, the potential financial penalties for selling a recalled or otherwise unacceptable product has not.  Imagine this scenario:  Someone comes to your thrift store (or yard sale) and purchases a child’s toy.  Unbeknown to you, the toy was recalled a couple of years ago due to child choking hazard.  You could be facing up to $15 million in fines!  Yes, that is the number 15 followed by 6 zeroes.  Nevermind that no one choked on the toy.  If that happened, then you have the parent’s civil suit to worry about.

Again, it seems we’re facing a situation where big government knows best and John Q. Public takes it on the chin.  This wildly out of proportion law puts an undue burden on all resellers, especially charity thrift stores.  If this at all matters to you, contact your Senator, your US Representative and the Consumer Product Safety Commission and make your voice heard.  It works…just ask ACORN!

For the whole story, see New Government Policy Imposes Strict Standards on Garage Sales Nationwide

September 15, 2009 is Foundation Group’s 14th birthday.  As one of the founders of this company (the other being Mr. Blair Dudley), I’ve been here since day one.  Believe me…there are days when it seems like a lot longer than 14 years!  But most of the time, it is truly hard to wrap my head around the fact that we’ve been doing this for so long now.  Plus, so much has changed over the years…

Since many of our readers are new to the Foundation Group family of friends and clients, the occasion of our birthday is a great opportunity to share a little of our story…who we are, where we came from, and why we do what we do.  At the end of our tale, we will let you know about a special gift we are providing during the month of September, but don’t skip ahead just yet .

Read the rest of this entry »

One of the most challenging situations your nonprofit organization can face is the need to expand.  It is also an exciting challenge.  Compared with the alternative of diminishing effectiveness and shrinking support, growth is a good thing.  At least it means (usually) that your programs are having a positive impact and people are motivated about your organization’s cause.

But with expansion comes growing pains.  To significantly increase your footprint or your scope (or both!) requires a huge commitment on the part of the leadership, members, staff and volunteers.  When your organization is faced with opportunities that scream “Take action!”, there are critical things you must consider.  In this post, we’re going to take a look at two scenarios:  1) location expansion and, 2) additions to program services.  Knowing what to do in these situations can spell the difference between success and failure.

Read the rest of this entry »

The concept of who owns a nonprofit organization can be hard for some to grasp, especially given that the answer is, “No one…and everyone!”  We encounter this confusion with new clients on a fairly regular basis.  And, given people’s understanding of how basic business operates, it is understandable.  In order to fully appreciate the concept of “non-ownership”, it is helpful to first talk about the various types of business entities.  Then, we’ll look at organizational purpose.  By the end of the article, it should make a lot more sense.

There are several different types of business entities.  For-profit companies make up most of them.  Here are a few (there are others)…all of these have an owner or owners:

Sole Proprietorship: One person who conducts business for profit.  The sole owner assumes complete responsibility for all liabilities and debts of the business.

General Partnership: Two or more individuals as co-owners of a for-profit business.

Corporation (for-profit): The corporation itself assumes all liabilities and debts of the Corporation.  A corporation is owned by shareholders.  A shareholder enjoys protection from the corporation’s debts and liabilities.

Read the rest of this entry »

Occasionally, you have to protect people from themselves.  Even those with the best of intentions can mess things up so badly that it can jeopardize what they are trying to accomplish.  In the nonprofit world, there are best practices, good practices and acceptable practices…and, really, really bad practices that will cause your organization, its board, donors and beneficiaries headaches galore.  This week, we are going to explore the Dirty (Half) Dozen Nonprofit No-Nos, in no particular order.  We will limit our discussion to 501(c)(3) nonprofits.

1.  Dictatorships. If you want to be your own boss and run the show as a benevolent dictator, then by all means, go start a business.  Just don’t start a nonprofit organization.  What many people fail to understand before they establish a 501(c)(3) organization is that nonprofits do not have shareholders, i.e., owners…only stakeholders.  Stakeholders can be defined as an organization’s board of directors, its members and its beneficiaries.  No one can legally assume ultimate control.  In fact, the IRS requires tax-exempt organizations to be structured such that control rests within a group of individuals.  This protects everyone involved.  Many times we’ve seen placeholder boards who basically rubber-stamp every decision made by a dictatorially-inclined president or executive director.  That does everyone a disservice.  Even worse, the IRS will hold all the leaders accountable for the governance and management of the organization, not just the dictator.

Read the rest of this entry »