Adding a football program to a homeschool organization

Super Bowl LII is a little over a week away! While my beloved Green Bay Packers will not be playing ūüôĀ football is on my mind! Perhaps your homeschool group would like to add a football or other sports program. Read on!
We are a homeschool organization with 501(c)(3) tax exempt status and have been approached by a new member to start a football program. He is interested in starting a football league for our members. He discovered we are a 501c3 organization and our status could help him.

 

I am a little hesitant in sharing our status with a program that is yet to be established.  However, we like the idea of our boys having the option to play football.  He wants to start practices NEXT week and wants to use our checking account for depositing the funds paid by parents.

 

On top of all the other responsibilities of budgeting the events we provide, I’m at a loss as where to begin in this new endeavor or if we should? ¬†Would he need a board of directors? ¬†By-laws of his own? ¬†Would we umbrella this league? ¬†I don’t know where to start or how to advise him.

 

I’m not sure I can take on more responsibilities, especially one this large. ¬†Can you offer advice or point me in the right direction as how to proceed? ¬†I am thinking perhaps he should be independent for a year to “prove himself” before we allow him under our 501c3 status?
Trisha

Tricia,

Wow, nothing like pressure to make a decision!

What the football coach is proposing is called a fiscal sponsorship, i.e. using your 501(c)(3) tax exempt status as an umbrella he can fit under. Usually the sub organization pays a fee 1%-10% of their revenue to the parent organization.

There are pros and cons to a fiscal sponsorship arrangement. It can be temporary, just a year or two until the football program is spun off to be independent.

I recommend a book called Fiscal Sponsorship: 6 Ways to Do It Right by Greg Colvin. http://fiscalsponsorship.com/ the book and the website will help a lot.

You definitely want the fiscal sponsorship agreement written up and signed by both parties so that everything is clear.

You could set up the football program as one of your activities. This increases the risk to your group (football is a risky venture because of potential injuries). Make sure your insurance allows a football program; it may not.

Or you can require his organization have a separate board, bylaws, insurance, etc.  Ask to see the list of board members, minutes of meetings, bylaws and most importantly the insurance policy.

Don’t be pressured into making a decision just because he wants to start the program now. Poor planning on his part does not constitute an emergency (or quick decision) on your part.

 

Tricia asked her questions by email. I can do that  for your homeschool program, but it is very time consuming to read and reply to emails. I charge a reduced rate of $50/hour to read and reply to emails. Or perhaps a phone call would be better. Contact me to arrange a private phone consultation.

 

Carol Topp, CPA

 

Follow up: Tricia’s homeschool organization postponed the sponsorship for a year and in the following year started a six-man football team and it was very successful. ¬†They even added cheerleaders!

Read additional questions and answers Tricia had about operating a large program under her homeschool group’s tax exempt umbrella.

 

Accounting Software for Homeschool Groups

 

Does your homeschool group use software to manage it’s finances?

It’s something you should consider. Carol Topp, the HomeschoolCPA, discusses when you should use software and offers¬† her opinion on software that’s best for homeschool groups.

 

In the podcast Carol mentioned:

QuickBooks Online. You may be eligible for a free version of QuickBooks Online. I wrote about it here: Use QuickBooks Online for free

Wave Accounting. I set up a small nonprofit on Wave recently. It’s working for them and it’s free!

Aplos Software which is popular with nonprofits and churches.

Ace Money Lite free personal finance software

 

Featured resource
Carol Topp, CPA has written a book just for homeschool treasurers:

Money Management in a Homeschool Organization

  • Does your homeschool group manage their money well?
  • Do you have a budget and know where the money is spent?
  • Do you know how to prevent fraud?

This 115 page book will help you to open a checking account, establish a budget, prevent mistakes and fraud, use software to keep the books, prepare a financial statement and hire workers. Sample forms and examples of financial statements in clear English are provided.

 

Carol Topp, CPA

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Do I give a 1099-MISC to a place we rented?

Is a 501(c)(7) social club required to issue a 1099 to every vendor for an expenditure over $600? For instance, if we pay a band $1,000 for one of our dinner-dances or an event hall $800 for rental of their facility, does that mean we have to issue a 1099 to them?

Donald

 

Dear Donald,

The instructions for the 1099-MISC say:

File this form (1099-MISC) for each person to whom you have paid during the year at least $600 in:

rents;
services performed by someone who is not your employee;
prizes and awards;
other income payments;
medical and health care payments;
crop insurance proceeds;
cash payments for fish you purchase from anyone engaged in the trade or business of catching fish;
generally, the cash paid from a notional principal contract to an individual, partnership, or estate;
payments to an attorney; or
any fishing boat proceeds

I highlighted the issues that apply to you (rents and payments for services).

You do not have to give a 1099-MISC to corporations, so ask the band and the event hall if they are corporations. My guess is that the band is not a corporation, but the event hall is a corporation and therefore you don’t give them a 1099-MISC.

You should also have collected a IRS Form W-9 Request for Taxpayer Identification Number from the band and any person you pay for their services. On the Form W-9 they indicate if their business is a corporation or not.

I hope that helps,

Carol Topp, CPA

Why Your Homeschool Group Needs to Do a Bank Reconciliation

 

Is your homeschool group reconciling your bank account every month? You should be!

Carol Topp, the HomeschoolCPA, explains why bank reconciliation is the most important task you should do to manage your group’s finances. But don’t let your treasurer balance the checking account! It should be someone else. Listen to the podcast to understand why.

 

 

Featured resource

Carol Topp, CPA has written a book just for homeschool treasurers:

Money Management in a Homeschool Organization

  • Does your homeschool group manage their money well?
  • Do you have a budget and know where the money is spent?
  • Do you know how to prevent fraud?

This 115 page book will help you to open a checking account, establish a budget, prevent mistakes and fraud, use software to keep the books, prepare a financial statement and hire workers. Sample forms and examples of financial statements in clear English are provided.

Carol Topp, CPA

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Paypal sent homeschool leader a 1099-K. Is it taxable income to her?

 

Our homeschool co-op leader set up a Paypal account to collect payments from our parents. She was very surprised when Paypal sent her a 1099-K for $40,000 with her name on it! Does she have to report this on her tax return even though it was for the co-op?

 

Oh dear. It appears that leader used her personal name and Social Security Number when setting up the Paypal account. She also used her name and SSN when setting up a checking account. This is not good!

This group was in the process of forming¬† as a nonprofit corporation in her state, getting an EIN for the corporation, and then applying for tax exempt status with the IRS. But the parents starting paying before all the paperwork was completed so the leader simply set up a personal Paypal account. It’s easy to set up a Paypal account (I have 3 Paypal accounts myself). But now she has a tax mess on her hands!

She should have filed as a nonprofit corporation, gotten an EIN and then set up the PayPal account in the name of the new nonprofit corporation with their new EIN. Then the 1099-K would have come to the homeschool group, not her personally.

But that’s water under the bridge.

In the eyes of Paypal and the IRS, the leader has started a business, collected money, and now needs to report that on her income tax return. Ugh!

She should file a Schedule C Business Income on her personal Form 1040 and report the Paypal income as Gross Receipts. At this point the leader should contact me or a local CPA for assistance in preparing her tax return. This is not the year for DIY! She does not want an IRS audit!

Additionally, she needs to set up this homeschool organization properly with nonprofit corporation, getting an EIN, and then applying for tax exempt status with the IRS, ASAP! I can help with that.

Download my list of steps to take to set up a nonprofit homeschool organization.

 

Please homeschool leaders, do not set up Paypal accounts, bank accounts or EINs in your personal name. Establish an organization and conduct business in the organization’s name only. Otherwise, you may face a complicated tax issue like this poor leaders.

Carol Topp, CPA

Preventing Fraud in Your Homeschool Group: Separation of Duties

What’s the best way to to prevent fraud or mistakes in the finances of your homeschool group?

It’s called separation of duties and Carol Topp, the HomeschoolCPA explains why your treasurer should not be doing all the financial tasks in your homeschool organization. In this 12 minute podcast episode Carol explains how you can separate and share the money management tasks.

 

In the podcast Carol mentioned a list of suggestions to prevent fraud.

Excerpt from Money Management in a Homeschool Organization on preventing fraud (opens as a pdf)

 

Featured resource

Carol Topp, CPA has written a book just for homeschool treasurers:

Money Management in a Homeschool Organization

  • Does your homeschool group manage their money well?
  • Do you have a budget and know where the money is spent?
  • Do you know how to prevent fraud?

This 115 page book will help you to open a checking account, establish a budget, prevent mistakes and fraud, use software to keep the books, prepare a financial statement and hire workers. Sample forms and examples of financial statements in clear English are provided.

Carol Topp, CPA

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Can a homeschool co-op invoice the parents on behalf of a teacher?

co-op-invoice_14053
Hi Carol,

I recently found your website and have found it very useful.  I am waiting for your book Paying Workers in a Homeschool Organization to be delivered this week to me.

We are trying to figure out how to invoice families for their student’s classes.¬† I collect the checks each month from the families and then disperse them to the teachers.¬†I started using QuickBooks to send invoices, but since the money goes to the teachers, I don’t enter any money received which throws off our accounting records.¬† Is there a way to make QuickBooks work for this?

I did find where you suggested to have the teacher’s collect the money themselves, but is there a way we can still do the invoicing?

Thank you,

Kari

Kari,

I hope the Paying Workers book is helpful.

Since your organization is sending out the invoices and your organization collects the money from the parents, then the money belongs to your organization and needs to be recorded as revenues in QuickBooks (use the Customers>Receive Payments). When the teachers get paid, it is recorded as an expense in QuickBooks probably using an expense account such as Contract Labor or Wages.

By the way, you need to determine if your teachers are employees or independent contractors. I can help you decide.

You asked, “I did find where you suggested to have the teacher’s collect the money themselves, but is there a way we can still do the invoicing?”

Nope. If your organization sends the invoice, that means that your organization, not the teacher, expects to be paid the money.

If your organization wants the teachers to be paid directly by the parents, then your homeschool group has to stay out of the relationship.

You group should not invoice the parents, tell the teacher what she can charge, and not collect the checks from the parents.

The teacher must handle the money collection from parents all by herself. She is in business for herself and your homeschool organization should stay out of the money she collects from the parents.

I hope that helps,

Carol Topp, CPA

Tax Form 1099-MISC to Independent Contractors

Did your homeschool organization pay an Independent Contractor more than $600 in 2017? Then you need to give them a 1099-MISC form.

Accountant Carol Topp, the Homeschool CPA, explains how to fill out the form, how to get the form, and tips for filing it correctly.

In the podcast Carol mentioned using a 1099-MISC filing service like Yearli.com. Email Carol@HomeschoolCPA.com for a discount code worth  15% of their prices.

 

Featured resource

Are you paying workers in your homeschool organization? Can a volunteer be paid? Should a worker be treated as an employee or independent contractor? Do you know the difference?

Homeschool leader and CPA, Carol Topp, has the answers to your questions in her book Paying Workers in a Homeschool Organization.

This 130 page book covers paying workers as employees or independent contractors. There are alos chapters on paying volunteers and board members. It includes sample forms, tips and advice to help you pay workers in accordance with the IRS laws to help your organization pay their workers correctly. Written specifically for homeschool organizations.

Click Here to request more information!

Carol Topp, CPA

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Why I think most homeschool teachers should be paid as employees

 

I state pretty clearly in my book Paying Workers in a Homeschool Organization (3rd edition) that teachers in a homeschool program should be treated as employees not Independent Contractors.

I’ve gotten some push back on my opinion.¬† I understand why. No one likes the expense and paperwork involved in employees, especially when they are¬† hiring part-time and seasonal employees.


But my goal is to keep homeschool organizations and their leaders out of trouble with the IRS and state governments. We don’t need a target on our backs! So I’m going to stick to my opinion because I think it’s correct and best protects homeschool leaders.


So let me explain why I have the opinion I do:

The IRS guidelines on worker classification are where I start. The IRS has the old 20-factor test and the newer 3 factor common law rules. I wrote about both of these guidelines extensively in Paying Workers.

But, I base my opinion on more than the IRS guidelines. I base it on hours of reading IRS rulings and tax court cases and my understanding of how homeschool programs operate.

I also base my opinion on this statement given by Bertrand M Harding, an attorney who specializes in nonprofit law. In his book The Tax Law of Colleges and Universities (Third Edition, Wiley, 2008) he writes,

“In at least one audit, the IRS agents asserted that, because instruction is such a basic and fundamental component of a college or university*, individuals who are hired to provide instruction should always be treated as employees because the school is so interested and involved in what they do that it will always exercise significant direction and control over their activities.” (emphasis added)

* The IRS was specifically addressing instructors at colleges and universities, but I believe their conclusion applies to public schools, private schools, and homeschool programs as well.

Some homeschool leaders differ with my opinion. I believe they are putting themselves at risk and I caution them about IRS penalties, etc. The Landry Academy IRS problems was a wake up call of how bad it can get. Although I don’t know the particular details on the financial penalties faced by Landry Academy, it was significant enough that the business declared bankruptcy.

I released a podcast on creative ways that homeschool co-ops can hire teachers without paying them as employees. Creative Ways to Run Your Co-op Without Employees

I hope that helps,

Carol Topp, CPA
HomeschoolCPA.com

More of Unplug the Christmas Machine

 

Carol Topp, Homeschool CPA, continues unplugging Christmas by explaining the 4 things children really want for Christmas:

Children want realistic expectations about Christmas gifts

and

Children also want an even pace to the holidays.

Carol shares tips how to do give children what they really want and need at Christmas. Her ideas come from a book she read 20 years called Unplug the Christmas Machine. This was originally broadcast in 2014, but worth repeating!

 

Wishing you a restful and happy Christmas Season.

Carol Topp, CPA

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