Starting a Nonprofit: Nonprofit Incorporation

 

Sometimes a homeschool group started as a for-profit business desires to convert to a nonprofit organization for its many benefits. Can that be done? How hard is it? How costly is it?

In Episode 168 Carol Topp, CPA explained the basics of forming a nonprofit board. In this second episode Carol discusses bylaws and nonprofit incorporation.

Show Notes

Your organization’s purpose will not be making a profit, but now will be educational and maybe religious.

The control shifts from the owner to a board. At least 3 members need to be on the organization’s board.

  • Officers are Chair, Vice, Secretary and Treasurer. Add more board members if needed.
  • Board members should be unrelated to each other (by family and by business relationships) and unrelated to any paid employees. So a board cannot be all the paid staff/teachers/tutors, but could be parents, community members, etc.

The Board has duties of care, loyalty, management (or obedience to law)

  • The board has authority and responsibility. No “rubber stamp” boards!
  • An officer of the Board signs all contracts, agreements, licenses, etc. not the Executive Director
  • The board has control, not the Exec Director. The board decides who to hire and fire, what purpose and activities are,

Conflict of Interest Policy. A paid staff member (Executive Director) can attend board meeting, but no vote because she has a conflict of interest. Sample Conflict of Interest Policy can be found at HomeschoolCPA.com/Samples.

Upcoming Webinar

In the podcast I mentioned that I’m offering a webinar on Create a Nonprofit Organization for Your Homeschool Community

This is good for both new nonprofits, or if you’re unsure if your group is a nonprofit (!) or for a business wanting to convert to a nonprofit.

Airing live on Monday April 22, 2019 at 8 pm ET/7 pm CT/6 pm MT/5 pm PT.

The cost is only $10!

For more information visit HomeschoolCPA.com/CreateNP

 

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Making Sure Your Nonprofit Organization is Compliant

 

A lot of homeschool leaders ask me,

“What do I need to do after my homeschool gets nonprofit or tax exempt status?”

They are asking about being compliant with the laws of our land, both federal and sate.

This article Making Sure your Nonprofit Organization is Compliant from MoneyMinder.com has a great article that explains compliance in these areas:

Tax Exempt Status which includes federal income tax exempt granted by the IRS, and sales tax exemption from your state. Your nonprofit may even be eligible for property tax exemption if your own a building. The laws on sales tax and property tax exemption vary by state.

My article explains the IRS filing requirements Do You Know About Required IRS Filings? for tax exempt organizations.

Register with the State Registration laws vary from state to state but most require you to confirm your active status (especially if you are formed as a nonprofit corporation), contact information, mailing address, and name of board members. This reporting is usually to the Secretary of State’s Office.

Charitable Solicitations
Many states ask that you register before actually asking for donations or fundraising. This registration is usually to the Attorney General’s office in your state.

Donation Receipt Requirements
A donor should be given a receipt for any single contribution of $250 or more. The article gives more details on what your donation receipt should say.

 

To research what your state compliance requirements are visit this helpful website

https://www.harborcompliance.com/information/nonprofit-startup-guide.php

If you wish, I can research your state’s requirements and compose a letter explaining what you should do next for filing in your state. I will charge $50 for the research and letter. Just let me know if I can help you in this way.

 

I hope that helps you know what it takes for your homeschool nonprofit to be compliant in your state and with the IRS.

 

Carol Topp, CPA

HomeschoolCPA.com

The IRS is on the prowl in 2019!

Every year the IRS Tax Exempt division releases a list of areas and issues they plan to focus on for audits and investigations. The IRS Tax Exempt division calls it their Program Letter. The Exempt Division is the branch of the IRS that grants 501c tax exempt status to nonprofit organizations.

The Charity Law blog discussed the IRS Tax Exempt work plan for 2019.

 

I found the list of things the IRS considers “the highest known priority and emerging risks” to be interesting, especially these two issues that affect homeschool programs, both nonprofit and for-profit:

  • Previous for-profit: focus on organizations formerly operated as for-profit entities prior to their conversion to IRC Section 501(c)(3) organizations.
  • Worker classification (misclassified workers): determine whether misclassified workers result in incorrectly treating employees as independent contractors.

 

So if you are converting a for-profit homeschool business to a nonprofit organization, be prepared for some extra questioning and scrutiny from the IRS. You’ll have to file the longer Form 1023 to apply for 501c3 tax exempt status and explain in your Narrative why you are converting to nonprofit status. You will not be eligible for using the shorter IRS Form 1023-EZ.

 

My book, The IRS and Your Homeschool Organization  explains how to apply for 501c3 tax exempt status.

 

 

 

 

 

Additionally, if you are treating your homeschool program teachers or tutors as Independent Contractors, be prepared for the IRS to keep an eye on you and they may open an investigation into your worker classification.

 

 

My book Paying Workers in a Homeschool Organization will be a big help to you in paying workers.

 

 

 

Additionally, the IRS is hiring approximately 40 new revenue agents to process determination applications. Is that good news? More IRS revenue agents should mean both faster processing and increased audits and investigations! Both good and bad, in my opinion.

Carol Topp, CPA

HomeschoolCPA.com

 

Join the webinar tonight on starting an academic homeschool program

 

Are you considering starting a homeschool program? An academic program, not a co-op and not a for-profit business either. But a nonprofit organization with an academic focus, maybe a classical emphasis, too.

You’re motivated! But where to begin?

Carol Topp, CPA, the Homeschool CPA and Jamie Buckland are teaming up to to help you!

ABC’s of an Academic Homeschool Program

An hour-long webinar on Monday February 18, 2019 at 8 pm ET

Jamie Buckland of Classical Program Consultant has run both a for-profit classical homeschool program and is currently the Executive Director of Appalachian Classical Academy, a nonprofit 501c3 organization. She will share about Administration and Curriculum

  • How your culture affects an academic program when it comes to logistics.
  • What to look for in the Board of Directors
  • Why have an Advisory Council
  • Why employ tutors
  • How to train employees
  • How to assess employees
  • Why charge tuition
  • How to communicate with families
  • How to determine curriculum for your program

Carol Topp, CPA is the owner of HomeschoolCPA.com and has assisted more than 80 homeschool organizations apply for tax exempt status. She is the author of 15 books and will share about Business

  • Why and how to organize as a nonprofit
  • Applying for 501c3 tax exempt status
  • A timeline: How fast can you get this done?

There will be time for questions and answers.

  • Cost is $30 and includes live webinar access and ability to view the recording.
  • Jamie’s extensive questionnaire for homeschool parents looking to create a homeschool program.
  • Copy of Carol’s ebook The IRS and Your Homeschool Organization.
  • Slide handout

Getting an hour with these two experts and their materials would typically cost you $165.

Carol Topp, CPA

HomeschoolCPA.com

How to start an academic homeschool program



Learn the ABC’s of starting an Academic Homeschool Program

Have you considered wanting to start a homeschool program? An academic program, but not a co-op and not a for-profit business, either. But a nonprofit organization with an academic emphasis–maybe with a classical education focus.

Sounds like a great idea! But where to begin?

Feeling overwhelmed?

We’re here to help.

Carol Topp, CPA, the Homeschool CPA and Jamie Buckland are teaming up to to bring you:

ABC’s of an Academic Homeschool Program

This 90 minute webinar is packed with information to help you launch an academic homeschool program.

The cost for the recorded webinar is $20 and includes :

    • Jamie’s extensive questionnaire for homeschool parents looking to create a homeschool program.
    • Copy of Carol’s ebook The IRS and Your Homeschool Organization to help you understand nonprofit and tax exempt status
    • Webinar slide handouts

Getting an hour with these two experts and their materials would typically cost you $165.


The ABC webinar with Jamie Buckland and Carol Topp was top notch! Very informative. It was presented so clearly and in an organized manner. I thank you ladies for making your knowledge available to us-Beth M.

The webinar was extremely helpful.-Erika


 

Jamie Buckland of Classical Program Consultant has run both a for-profit classical homeschool program and is currently the Executive Director of Appalachian Classical Academy, a nonprofit 501c3 organization. She will share about Administration

  • How your culture affects an academic program when it comes to logistics.
  • What to look for in the Board of Directors
  • Why have an Advisory Council
  • Why employ tutors
  • How to train employees
  • How to assess employees
  • Why charge tuition
  • How to communicate with families

Carol Topp, CPA is the owner of HomeschoolCPA.com and has assisted more than 80 homeschool organizations apply for 501c3 tax exempt status. She is the author of 15 books and will share about Business

  • How to organize as a nonprofit
  • Applying for 501c3 tax exempt status
  • Converting a for-profit business to nonprofit
  • A timeline: How fast can you get this done?

Then Jamie wraps up by discussing Curriculum

  • How to determine curriculum for your program

$20.00 includes unlimited viewing, ebook, handouts and handouts of slides.

Carol Topp, CPA

HomeschoolCPA.com

Are my homeschool co-op fees a tax deductible donation?

I’m a homeschool parent and member of a homeschool co-operative that weeks weekly. I have to pay tuition to this group for the classes my children take there. Can my children’s tuition for the co-op be a tax deduction?

 

I assume you mean deductible as a charitable donation.

Co-op fees are not a tax deductible charitable donation because services (co-op classes for your children) were received in return for the tuition payments. Tuition payments are not a tax deductible donations.They are personal expenses and are not tax deductible.

But if a parent makes a charitable gift to the homeschool group (assuming it has 501c3 tax exempt status from the IRS) above and beyond the tuition and fee payments, then this amount would be a tax deductible donation.

Some homeschool parents ask if co-op fees can be deducted as childcare expenses. My reply is “usually not” and here are the details: Are homeschool co-op fees child care tax deductions?

 


Did you get paid for teaching at a homeschool program? You may have questions about your taxes? I offer webinar to help you understand the tax implications of being a paid homeschool co-op teacher or tutor:

I recorded a webinar on Tax Preparation for Homeschool Business Owners. It should be a lot of help to tutors, non-employee co-op teachers and other homeschool business owners! You can watch the recording at HomeschoolCPA.com/HSBIZTAXES for a small fee of $10.

Carol, thank you again for the webinar. It was one of the BEST webinars I’ve EVER attended. If you do hold another one, I would pay for it hands down. Totally worth the $10! -Denise, webinar attendee

“I actually don’t care for webinars at all – it is not my learning style at all and I struggle to focus, but this one was extremely value and had my attention”. -Mary, webinar attendee


I hope that helps!

Carol Topp, CPA

HomeschoolCPA.com

Helping homeschool leaders

We don’t want 501c3 status. Should we still include the IRS language in the Articles?

We recently formed a non-profit in Texas but do not want to file for 501c3 tax exempt status.  When we created our bylaws your site was very helpful to us.  I thought I read somewhere on your site that it is better to include the IRS 501c3 verbiage from the beginning so that if we ever decided to do that, it would already be included.

I now can not find where I thought I read that.

Do we need to include it anyway or should it be left out if we have no plans on filing 501c3?

Thanks so much,
Cathy

 

Cathy,

The IRS requires their specific language to be included in your “organizing documents.” That’s usually the Articles of Incorporation or Articles of Association if your group is not a nonprofit corporation.

This requirement is found in the IRS Instructions to the Form 1203 Application for Tax exempt Status and IRS Pub 557 Tax Exempt Status for Your Organization (p. 22)

If you have no plans to request tax exemption as a 501(c)(3) charitable or educational organization, then your Articles of Incorporation do not have to include the IRS required language.

 

But, being a CPA, I always think about money and taxes, so I will warn you that without 501 tax exempt status of some kind (501c3 or c4 or c7), your organization must be filing a corporate income tax return, IRS Form 1120, every year and paying  federal taxes on any surplus you had that year. Texas may have a corporate or franchise tax as well.

By the way, that Form 1120 can be pretty complex. You’ll probably need professional help from a CPA to prepare it. You have to prepare and submit this form every year even if you didn’t have any profit! The Form 1120 shows the IRS that you didn’t have any profit!

So, you might want to reconsider your decision not to apply for tax exempt status.

I’m happy to discuss the pros and cons of tax exempt status with your board. Contact me.

 

Carol Topp, CPA
HomeschoolCPA.com

Does a Nonprofit Need to File Any Tax Returns Before They Apply for Tax Exempt Status?

 

Does a nonprofit need to file a tax return before they receive tax exempt status?  Yes, the IRS requires organizations to file information returns before they apply for tax exempt status.

Here’s what the IRS website states:

Tax Law Compliance Before Exempt Status Is Recognized

An organization that claims tax-exempt status under section 501(a), but has not yet received an IRS letter recognizing exempt status, is generally required to file an annual exempt organization return.

So the answer is YES, you need to file either tax returns (and pay tax!) or information returns before you are granted tax exempt status.

In this short podcast episode (14 minutes)  Carol Topp, the HomeschoolCPA, will explain this very confusing requirement.

 

Featured Product

Have more questions about your homeschool organization’s tax exempt status? My book, The IRS and Your Homeschool Organization would be a big help.

The IRS and Your Homeschool Organization

Does your homeschool group need to pay taxes? Could they avoid paying taxes by being a 501c3 tax exempt organization? Do you know the pros and cons of 501c3 status? Do you know what 501c3 status could mean for your homeschool group?

I have the answers for you in my book The IRS and Your Homeschool Organization. The information I share in my book has been helpful to homeschool support groups, co-ops, music and sports groups and will help you understand:

  • The benefits of 501c3 status
  • The disadvantages too!
  • What it takes to make the IRS happy
  • What your state requires
  • Why your organization should consider becoming a nonprofit corporation
  • What is the difference between nonprofit incorporation and tax exemption
  • IRS requirements after you are tax exempt

Carol Topp, CPA

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Is My Homeschool Group Required to Have 501c3 Tax Exempt Status?

 

Some homeschool groups are very small and are not interested in the benefits of 501 c3 tax exempt status such as accepting donations or doing fundraising.

Do these small homeschool groups really need 501c3 tax exempt status?

No. They don’t.

They can run their activities without the benefits of 501c3 tax exempt status.

  • But then how does the IRS or their state view this group?
  • Will they owe taxes on any profits or surplus?

Yes, they will owe tax because they do not have tax exempt status.

If they have a surplus, how do they go about filing a tax return and paying taxes?

In this short podcast episode (13 minutes)  Carol Topp, the HomeschoolCPA, will explains some options for Homeschool Groups.

In the podcast Carol mentioned …

The IRS and Your Homeschool Organization

Should your homeschool group be paying taxes? Could they avoid paying taxes by being a 501c3 tax exempt organization? Do you know the pros and cons of 501c3 status? Do you know what 501c3 status could mean for your homeschool group?

I have the answers for you in my book The IRS and Your Homeschool Organization. The information I share in my book has been helpful to homeschool support groups, co-ops, music and sports groups and will help you understand:

  • The benefits of 501c3 status
  • The disadvantages too!
  • What it takes to make the IRS happy
  • What your state requires
  • Why your organization should consider becoming a nonprofit corporation
  • What is the difference between nonprofit incorporation and tax exemption
  • IRS requirements after you are tax exempt

Carol Topp, CPA

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Small charity grows and gets audited by the IRS for it!

A fellow CPA told me the story of what happened to a small charity.

The small charity thought they were eligible to file the new, easy, short IRS Form 1023-EZ to apply for 501c3 status.

Organizations can use the shorter, cheaper, online Form 1023-EZ if their annual gross revenues are less than $50,000/year and expect to be less than $50,000 for the next 3 years.

So off went the Form 1023-EZ application and the charity was granted 501c3 tax exempt status!

Then they held a fundraiser (or several fundraisers) that were successful beyond their dreams and their total revenue was OVER $50,000 in their second and third year. They filed (correctly) their annual information returns, Form 990-EZ, to report all their income and expenses.

That’s when they got a letter from the IRS.

The IRS was investigating them because the IRS claimed the charity should have filed the longer, more expensive, full Form 1023 when they applied because their annual revenues were more than $50,000/year. (The IRS calls this an examination of compliance check. It’s not quite a full audit, but it probably felt that way to this charity!) And the IRS was right, in hindsight.

The IRS asked for:

  • The full application to be completed (its 26 pages!) along with copies of
  • Bylaws
  • Articles of Incorporation
  • Financial statements for 5 years
  • A narrative explaining the activities of the organization
  • Minutes of meetings

That last requirement surprised me because the Form 1023 application doesn’t ask for minutes of meetings, but the IRS auditor did.

Fortunately this group had those minutes and with the help of their CPA, passed the IRS examination!

Lessons learned:

  • Keep minutes of your meetings.
  • Have all your documents ready in case the IRS asks to see them.
  • If you are close to the $50,000 annual gross revenues threshold and think you could exceed it in your first 3 years, use the full length Form 1023 application form when applying for 501c3 tax exempt status.

 

 

Have more questions about the IRS, 501c3 tax exempt status, and your nonprofit?

Carol Topp’s book, The IRS and Your Homeschool Organization can help!

  • The benefits of 501(c)(3) status
  • The disadvantages too!
  • What it takes to make the IRS happy
  • What your state requires
  • Why your organization should consider becoming a nonprofit corporation
  • What is the difference between nonprofit incorporation and tax exemption
  • IRS requirements after you are tax exempt

Order here.

 

Carol Topp, CPA