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

Save

Save

Save

Is there a difference between a 501c3 and an association?

Carol,
Is there a difference between a 501c3 and an association?
T.W.

T.W.,
501(c)(3) is a tax exempt status granted by the IRS to qualified nonprofit organizations (most of them are nonprofit corporations) whose purposes include charity, religious, and educational (and a few other purposes).

The word “association” does not have a specific legal definition. Associations are a gathering of people for a cause. Associations are typically nonprofit organizations. They can be unincorporated or be formed as nonprofit corporations.

Some associations may qualify for 501(c)(3) tax exempt status, some may not. For example I am a member of the Ohio Society of CPAs. It is a business association for CPAs in Ohio. It has tax exempt status as a 501(c)(6) business league, but not 501(c)(3) status.

If you’re confused by the words, nonprofit, association, 501(c)(3), this short video may help clear things up:

 

I hope that helps,

Carol Topp, CPA

Save

Save

Can our homeschool group get sued if we’re not a recognized nonprofit?

Carol,
We are a Christian homeschool group and co-op. The church that hosts our co-op classes is concerned with the possibility of us getting sued if we are not a recognized non-profit.  We are comprised of like-minded believers for a specific cause.  Can you comment on this?

TW

 

TW,

I usually recommend nonprofit incorporation to protect the leaders and members of a homeschool organization.

Nothing can stop a lawsuit, but forming as a corporation means the liability is limited to the corporation’s assets and it protects the personal assets of the leaders and members from the lawsuit damages.

Unfortunately, being like-minded does not mean you’re immune from lawsuits. One group told me that a co-op member’s health insurance sued the homeschool group for medical bills when a child was injured while at co-op. The co-op member did not bring the lawsuit, her health insurance company did.

If you need more information on the benefits of nonprofit incorporation for your homeschool group, read The IRS and Your Homeschool Organization. It includes a chapter on nonprofit incorporation.

I hope that helps,

Carol Topp, CPA

Save

Save

Do we need a new EIN for our new nonprofit corporation?

Our homeschool group already has an EIN (Employer Identification Number), but we recently decided to work toward 501c3 status. We are now incorporated.
Do we need a new EIN or can we just change the name on the one we have?

-Kellie

The IRS, who issues EINs, makes it clear that you need a new EIN when you form a new nonprofit corporation.

You will be required to obtain a new EIN if any of the following statements are true.

  • A corporation receives a new charter from the secretary of state.

Source:

You can get a new EIN online, but it’s helpful to look over the Form SS-4 so you know what questions will be asked.

Carol Topp, CPA

Save

Save

Does your homeschool group have fundraisers? You may need to register in your state

Carol,

We’re a 501(c)(3) tax exempt organization (Thanks for helping us with that!). In your letter to us you say that if we “solicit contributions” we may need to register in our state. We don’t ask for donations, but we do have several fundraisers each year. Are our fundraisers considered “solicited contributions”?

Jennifer in Georgia

Jennifer,

Congratulations on your 501(c)(3) tax exempt status from the IRS. Now it’s time to determine what your state requires from your organization.

Charitable solicitation registration

My source for information on nonprofit fundraisers is Nolo’s Nonprofit Fundraising Registration: The 50 State Guide

The Guide explains that 39 states (and the District of Columbia) require registration from nonprofit organizations that solicit donations in their state. (This is all nonprofits, not just those with 501(c)(3) tax exempt status.)

Definition of charitable solicitation

“Solicit contributions is defined broadly…Charitable solicitations don’t always have to involve asking for a donation. Offering to sell a product or service that includes a representation that all or part of the money received will be devoted to a charitable organization or charitable purpose is considered a charitable solicitation and triggers the registration requirement.”

So, fundraisers are included in the definition of charitable solicitations. That means if your homeschool group holds a fundraiser, you probably need to register in  your state. But keep reading…

Exemptions

The good news is that all states offer exemptions to their charitable registration for certain types of nonprofits. One common exemption is for small nonprofits:

“Most states exempt very small nonprofits from registering. In most states “small” is defined by a nonprofit’s gross revenues, not the number of members it has. In many states (about 16) a nonprofit qualifies for this exemption if it has annual gross revenues of less than $25,000.”

Nolo’s webpage with more exceptions to charitable registration

I researched the exemption rules in Georgia (it was included in the Form 1023-EZ Application for 501(c)(3) tax exempt status service that I provided to Jennifer’s organization ). I learned that Georgia offers an exemption from charitable registration  for nonprofits whose total revenue from contributions has been less than $25,000.00 for both the immediately preceding and current calendar years. Jennifer’s organization is under that $25,000 threshold in contributions and fundraisers, so she was happy to hear that her homeschool group did not need to register in Georgia. 🙂

Help for your homeschool organization

Determining whether your nonprofit is exempt from charity registration can be difficult. Exemptions vary from state to state. To determine whether your nonprofit is exempt in your state, you could look up the charitable solicitation laws of that state. The law is usually found on the Attorney General or Secretary of State’s website.

Or contact me, Carol Topp. I can do the research for you since I know what I am looking for!. This service includes drafting a letter for your board and future boards explaining the all required forms in your state with due dates. Cost: $50.

 

Carol Topp, CPA

Save

Save

Save

Homeschool Organization Board Manual is ready (and beautiful!)

I’ve been thinking about creating a homeschool board member manual for several years. Well, 2017 is the year it happened!

I am pleased to offer this helpful (and beautiful) Homeschool Organization Board Manual.


This manual is a customizable template for you to create your own board member manuals.

It has pages that act as dividers for separate sections of the manual like this page that lists important legal documents you should have in your binder:

And then I’ve created helpful tools like a calendar of meetings, list of board members and a sample meeting agenda:

 

And then I got carried away and created a huge amount of other information. The Homeschool Organization Board Manual is 55 pages.

It’s like a board training guide.

The additional information has articles on

  • board duties
  • job descriptions
  • how to read financial statements
  • a list of best financial practices
  • an article from HSLDA attorney Darren Jones on “Developing a Child Protection Policy”
  • and more.

 

 

All this is to help your board get organized, trained and ready to run a successful homeschool organization!

Best of all, this Homeschool Organization Board Manual is customizable! It is delivered to you as a Word document, so your homeschool group can put their name and year on the cover, type specific information in the document, and print out pages for each bard member!

And it’s beautiful! Homeschool mom, Tara Mitchell did the graphic design for me so it’s lovely to look at too!

And it’s very affordable! $9.95.

You only order one copy for your organization and then I give you permission to print off as many copies as you need for each board member!


Carol Topp, CPA
HomeschoolCPA.com
Helping Homeschool Leaders

Save

Save

Save

Is there a rule about keeping our nonprofit bank account under $25,000?

There has been a “rule” passed down from former leaders of our homeschool group to me that we have to keep our bank accounts under $25,000 or we will lose our tax exempt status. I do the books for another tax exempt organization and we often have our accounts over that amount.

I think they may be getting confused with the 990 rules regarding the limit to file the 990N, which is gross receipts under $50,000. Maybe it used to be $25,000?

In any case, that is gross receipts not assets and we don’t have gross receipts or assets over $50,000. So, I have never heard of this rule with the $25,000 bank balances, as I have done 990 taxes before. But I wanted to be able to feel confident that I did not miss anything and verified it with one other reputable source.

Can you tell me if I am correct in my assumptions?

Teri in Ohio

Terri,

You are correct!

They are confusing gross revenues (which used to have a threshold of $25,000 for filing the the 990N) with assets.

Gross revenues are the total (gross) revenues (income) that come into your organization in a year. The IRS uses gross revenues as a threshold very frequently such as which annual information return, the Form 990 to fie.
Assets are what your organization owns. For most homeschool groups their assets is the money in their checking accounts.

A nonprofit organization can have any amount they wish in assets (in your case, the bank account).

For example, the American Red Cross has $517 million in cash and checking accounts (Source: Form 990 dated June 30, 2015). Their other assets include buildings, a huge investment portfolio, and inventory. They need all this money in reserve so that they can assist victims when the next natural disaster happens.

It’s not the first time I’ve heard gross revenues and assets get confused.

My book Money Management in a Homeschool Organization would probably be helpful. I try to make confusing topics like money and taxes clear!

Carol Topp CPA
HomeschoolCPA.com

Save

Save

Save

Should my homeschool group be a nonprofit or a for-profit business?

A woman asks if her Classical Conversations homeschool program should be a for-profit business or a nonprofit organization.

Carol Topp, CPA explains the four differences between for-profit and nonprofits.

Listen to the podcast (11 minutes)

 

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!

Save

Need advice when hiring your first employee? Discount program available to nonprofits.

Hiring employees can seem like a taunting task. My book Paying Workers in a Homeschool Organization can help a lot, but if you want extra services, consider contacting a service like HR Solutions Partners.

The HR Solutions Partners discount program at TechSoup provides human resources support services to eligible nonprofit organizations, charities, and public libraries throughout the United States.

With minimal experience, you can use HR Solutions Partners services for support in training employees, administering payroll, measuring employee performance, and more.

I’ve not used them, so I cannot vouch for their services, but it can’t hurt to call and talk to them.

Carol Topp, CPA

Paying Workers in a Homeschool Organization covers paying workers as employees or independent contractors. There are also 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.

$9.95 paperback

$3.99 ebook

Save

Save

Save

How to Self Declare Tax Exempt Status

Your homeschool group can have tax exempt status without applying with the IRS.

Want to know how?

In this short podcast, Carol Topp, CPA, the HomeschoolCPA, tells you how to self declare tax exempt status, keep all of your surplus for your group and not pay the IRS.

Listen to the podcast (15 minutes)

 

FEATURED PRODUCT from HomeschoolCPA:

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

Click Here to request more information!

Save