Is buying T-shirts from a board member a conflict of interest?

Homeschool Mom T-Shirt

Hi, we are wanting t-shirts for our homeschool group. One of our board members can make the t-shirts.

Is it a conflict of interest if she makes them? There would be a little profit made from what is charged to the members.

Would she be able to keep that profit or would it need to go back into the co-op so that there would be no benefit to her?

Thank you. Mary

 

Mary,

You asked if buying T-shirts from a board member is a conflict of interest. Yes it is a conflict of interests between her T-shirt business and her duty of loyalty to the homeschool group.But that does not mean she is forbidden to offer her t-shirt service to your group!

There is a practical, easy way to handle conflicts of interest.

When you discuss the T-shirts, the board member who could benefit from the sale should explain that she has a conflict of interest, leave the room, and not have a vote in the decision.

Your board should do its due diligence and get bids form at least two other T-shirt sellers and compare it to the board member’s offer. Then make a decision.

So, just because a board member has a conflict of interest, does not mean that you cannot buy T shirts from her, if she has the lowest bid.

And she gets to keep the profits because it’s her business doing the work.

 

If you have more questions about conflicts of interest you might find these books helpful:

It’s a template for you to create your own board manuals as a place to store important papers and policies.
Carol Topp, CPA

Is our homeschool group required to have a president?

I recently purchased your ebook The IRS and Your Homeschool Organization. It is so helpful! I do have one question that I hope you can help me with. Are we required to have a president for our organization in Ohio? I see lots of websites saying that we do but not a word about it on any of the actual Ohio documents.

Thank you for your time.

Ashley

 

Dear Ashley,

You asked, “Are we required to have a president for our organization in Ohio. I see lots of websites saying that we do but not a word about it on any of the actual Ohio documents.”

Well, not everything that is a good idea is a codified into a law or specifically spelled out in a document! Like brushing your teeth  for example! 🙂

This document from the Ohio attorney general’s office is helpful.
Guide for Charity Board Members

It explains that there are duties and responsibilities for board members such as the duty of care, duty of management and duty of compliance with stated laws.

If you can execute those duties without a president, then you do not have to have a president. But it is nearly impossible to properly run a nonprofit without someone in the role of chair/president calling meetings, setting an agenda, running the meetings, providing oversight, etc.

So why not have a president (or chair)?

Of course, all the board members are expected to help run the organization. The president should not do it alone. The best board presidents I have served under were good at delegating, listening, and leading, but not doing everything themselves. The worst presidents or board chairs are those who decide everything themselves and try to control too much. They burn out and sometimes damage the group and its activities for a very long time.

There may be some back story and history (or even a dispute) to your question, so if you’d like I would be happy to arrange a phone consultation with you.

If your homeschool program would like to arrange a phone consultation with Carol Topp, CPA contact her here. She is happy to arrange a conference call and each persona can call in form heir own home or location. The conversation can be recorded for those unable to attend.

 

Carol Topp, CPA
HomeschoolCPA.com

Boards, Bylaws and Budgets for Your Homeschool Co-op

 

Does your homeschool co-op have a budget?

When running your homeschool co-op, you should have a board, bylaws and a budget. In this short podcast episode (10 minutes), Carol Topp, CPA offers advice and tips on these important topics to running a successful group. This podcast is an excerpt from a workshop titled Homeschool Co-ops: How to Start Them, Run Them and Not Burn Out.

 

 

In the podcast Carol mentioned other podcast episodes in this series. Find them (#121-125) at HomeschoolCPA.com/Podcast

 

Featured resource

Phone Consultation with Carol Topp, CPA

Phone Consultation: A pre-arranged phone call to discuss your questions. My most popular service for homeschool leaders. It’s like having your own homeschool expert CPA on the phone!

Cost: $75/hour to nonprofit organizations.  $100/hour to for-profit businesses. $60 minimum.

Q &A by Email:  I am willing to answer questions by email, 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. Minimum $25.

Contact HomeschoolCPA, Carol Topp, CPA, to arrange a telephone consultation.

Click Here to request more information!

Carol Topp, CPA

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Protect the children in your homeschool group

Homeschool leaders,

Do you know how to keep the children in your homeschool group safe? What should you do if you suspect child abuse?

Here’s a helpful resource: Child Safety Guide, a 40 page ebook from GuideOne Insurance. It had a lot of safety checklists, a sample consent form, an incident report, and Child Protection Policy sample.

It also has information on background checks and what to do if you suspect child abuse.

Very helpful. It’s free. All it costs is your email address.

 

FREE E-BOOK | Protect the children in your ministry

 

I originally shared this information on my Facebook page: https://www.facebook.com/HomeschoolCPA/

and in a Facebook group I co-lead: I Am a Homeschool Group Leader. It’s a group of almost 400 homeschool leaders from across the USA supporting each other by answering questions about running a Homeschool group. Come join us!

 

Download the Child Safety Guide today, read it, and discuss it with your board.

Let’s hope you never need the information shared there, but if you do you’ll be glad you had this resource.

Carol Topp, CPA

HomeschoolCPA.com

Recruiting Leaders for Your Homeschool Group

 

Do you have difficulty getting people to help lead your homeschool co-op?

 

In this short podcast episode (15 minutes)  Carol Topp, the HomeschoolCPA, offers tips and ideas from other homeschool leaders on how to recruit leaders to help you run your homeschool co-op.

In the podcast Carol mentioned…

Homeschool Organization Board Manual

Homeschool board  members should keep all their organization’s important papers in a safe and accessible place. Usually, a 3-ring binder works well.

Author and homeschool advisor, Carol Topp, CPA, has created a Homeschool Organization Board Manual. It is a template to create a board member binder. It has:

  • A list of important documents to keep in your binder
  • Section dividers so you can organize the important papers
  • Tools to help you run your meetings smoothly including
  • A sample agenda that you can use over and over again
  • A calendar of board meetings

Click Here for more information!

Carol Topp, CPA

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100th Episode Show! What Does Homeschool CPA Do?

 

“What does HomeschoolCPA do?”

For my 100th episode of the Dollars and Sense Show / HomeschoolCPA podcast I asked a few friends, “What does HomeschoolCPA do?”

There answers are usually spot on, but when asked to name a book I wrote some struggled with the titles.

Enjoy this celebration podcast and learn about a few other great podcasts for homeschoolers.

In the podcast Carol and Copper mentioned a binder for homeschool board members

 

Homeschool Organization Board Manual

 

Homeschool board  members should keep all their organization’s important papers in a safe and accessible place. Usually, a 3-ring binder works well.

Author and homeschool advisor, Carol Topp, CPA, has created a Homeschool Organization Board Manual. It is a template to create a board member binder.

But this is more than just a few cover sheets for your binder. It is also a 55-page board training manual with helpful articles on:

  • Suggested Board Meeting Topic List
  • Board Duties
  • Job Descriptions for Board of Directors
  • What Belongs in the Bylaws?
  • Compensation and Benefits for Board Members
  • and more…

Click Here for more information!

 

Carol Topp, CPA

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Does 501c3 Status Protect Our Homeschool Leaders?

 

What can you do to protect your homeschool group’s leaders?

Does becoming a 501c3 organization help?

In this short podcast episode (12 minutes)  Carol Topp, the HomeschoolCPA, will explains what 501c3 status is and how to protect your leaders.

 

In the show Carol mentioned a Facebook group called I Am a Homeschool Group Leader

She also mentioned some policies for your group to have from HSLDA: https://www.hslda.org/GroupServices/Leaders.aspx/Legal

 

Featured resource

The IRS and Your Homeschool Organization book.

The information in this book has been helpful to homeschool support groups, co-ops, music and sports groups to understand:

  • The benefits of 501c3 status
  • The disadvantages too!
  • What it takes to make the IRS happy
  • 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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What Does a Treasurer Do?

 

Do you think all a treasurer does is write checks? Their job involves a lot more that that! Carol Topp of HomeschoolCPA explains the tasks a treasurer does and why her position needs lots of oversight in this short podcast (14 minutes).

In the podcast Carol mentioned a list of Best Financial Practices for homeschool organizations. Find it at  http://HomeschoolCPA.com/Fraud

 

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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What Does a Secretary Do?

 

What does the secretary of a nonprofit organization do?

A secretary does a lot more than just record minutes of meetings. Carol Topp of HomeschoolCPA explains the important tasks a secretary does as the keeper of important papers in a homeschool organization in this short podcast episode (13 minutes)

In the podcast Carol mentioned …

Homeschool Organization Board Manual

This manual will help your organization’s secretary assemble all your important papers.

But this is more than just a few cover sheets for your binder. It is also a 55-page board training manual with helpful articles on:

  • Suggested Board Meeting Topic List
  • Board Duties
  • Job Descriptions for Board of Directors
  • What Belongs in the Bylaws?
  • Compensation and Benefits for Board Members
  • and more…

 

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How can a nonprofit board receive benefits (properly)?

A homeschool organization sent me their bylaws to look over. They had two conflicting statements about offering compensation or benefits to their board members, especially the officers (the officers of a nonprofit organization are President/Chair, VP, Secretary and Treasurer).

Article 4 Section 1 Board members shall receive no compensation (other than reasonable expenses) for their service on the Board.”

Article 5 Section 4 Officers of the Board are eligible for benefits such as discounts, retreats and/or priority registration as well as other meeting expenses deemed reasonable by majority vote.

So which is it? Are officers allowed compensation/benefits or not? Tuition discounts are taxable compensation according to the IRS (unless they are “insignificant“).

Also the benefits are approved by a “majority vote.” Majority of whom? The board? This organization has no voting members except the board. And a nonprofit board cannot vote themselves benefits because that is a conflict of interest and private benefit which is forbidden by the IRS (if excessive).

I understand the desire to thank hard-working board officers, but be careful that it doesn’t become taxable income or a conflict or interest or worse private inurement which is forbidden by the IRS for 501(c)(3) organizations.

Here’s what I recommend:
1. Change the wording of Article 5 Section 4 to read Officers of the Board are eligible for  benefits (such as insignificant discounts, training (retreats and conferences) and/or priority registration) deemed reasonable, but not significant enough to be taxable income, by majority vote of the non-officers of the board or recommended by an independent committee.

and then

2. Hold a board meeting where the officers leave the room and the remaining board members vote on what benefits the officers will receive that year. That means you need to have a large enough board to do this. And it needs to be done every year.

Or

appoint an independent committee (no one on the committee is related to any of the officers) to make a recommendation. The board votes to accept the committee’s recommendation (but without the officers allowed to vote since they will personally benefit).

These changes in their bylaws and having other board members vote for the officer benefits will keep the organization from having a #1) conflict of interest and #2) the appearance of private benefit. It also means the officers are being thanked for their service without receiving any taxable income.

 

If your organization needs help in understanding how to thank your board members (properly), read

or my new Homeschool Organization Board Manual. It’s a template for you to create your own board manuals as a place to store important papers and policies.

Carol Topp, CPA

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