Top 10 Tips for Homeschool Leaders: Bylaws

“Are bylaws and a board really necessary or is that only for homeschool groups that are 501c3 nonprofits?” was a great question asked by a homeschool leader at a workshop given to homeschool leaders in Wichita, Kansas.

In this second part of a 5-part series on Top 10 Tips for Running a Homeschool Group, Carol Topp, CPA, will answer that question and discuss bylaws and boards. She even explains IRS 501c3 tax exempt status too!

 

Each episode can be found at HomeschoolCPA.com/Podcast. In the 5 part podcast series Carol will cover:

Episode # 180 Board duties

Episode # 181 Bylaws

Episode # 182 Preventing fraud

Episode # 183 Paying Workers

I Episode # 184 Insurance and Record keeping

 

In the podcast Carol mentions how a tiny homeschool group should maintain its tax exempt status by filing and annual IRS Form 990-N. Here’s how to do that:

How to get added to the IRS database and file the Form 990N

 

You might find Carol’s podcast series for Tiny Homeschool groups helpful

Tiny Homeschool Groups: Are We a Nonprofit?

 

Featured Resource:

 

Start a Nonprofit and Get Tax Exempt 3-webinar set

Webinars are a great way to learn!

This 3-webinar set will help your homeschool group get established as a nonprofit, apply for IRS 501c3 tax exempt status and maintain it with IRS and state annual reports!

Everything you need to know in an easy-to-understand video format. This set includes the 3 videos (90 minutes each), an ebook The IRS and Your Homeschool Organization by Carol Topp, CPA, the slide handouts, IRS forms, and templates to help you apply for 501c3 status on your own!

Learn more.

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Still time to join the IRS and State Filings for Homeschool Nonprofits webinar

 

Carol Topp, the Homeschool CPA, will help you understand the IRS and state reports and file them yourself! In her webinar IRS and State Filings for Homeschool Nonprofits, Carol will explain the IRS annual returns and how to determine what your state may require as well.

You will learn:

  • The importance of maintaining 501c3 tax exempt status
  • The IRS Form 990 series. What form your group needs to file.
  • How to know if you’ve missed filing IRS returns
  • How to see Form 990-EZs and 990s from other nonprofits.
  • An explanation of the IRS Form 990-N.
  • What filings may be required by your state with examples

The live webinar will be TOMORROW evening Wednesday August 21, 2019 at 8 pm ET/7 pm CT/6 pm MT/5 pm PT

The webinar will last approximately one hour. There will be time for your questions. It will be recorded for viewing later.

The cost is $10 and you will receive:

  • Access to the live webinar on Wednesday August 21, 2019
  • An opportunity to ask questions via the live chat room
  • Handout of the slides
  • Recording to the webinar
  • IRS Forms, Instructions and samples
  • Template to summarize your state and IRS filing requirements for your board

 

I hope you can join me TOMORROW evening Wednesday August 21, 2019 at 8 pm ET.

 

Carol Topp, CPA

HomeschoolCPA.com

What do you do after your homeschool group has tax exempt status?

Getting 501c3 tax exempt status is a great accomplishment! If you’ve done it, congratulations!

But you’re not finished with government forms just yet! Your state and the IRS have several reports that must be filed regularly to maintain that precious tax exempt stats.

Almost every homeschool group will have some reporting with the IRS and their state.

Carol Topp, the Homeschool CPA, will help you understand the IRS and state reports and file them yourself! In her webinar IRS and State Filings for Homeschool Nonprofits, Carol will explain the IRS annual returns and how to determine what your state may require as well.

You will learn:

  • The importance of maintaining 501c3 tax exempt status
  • The IRS Form 990 series. What form your group needs to file.
  • How to know if you’ve missed filing IRS returns
  • How to see Form 990-EZs and 990s from other nonprofits.
  • An explanation of the IRS Form 990-N.
  • What filings may be required by your state with examples

The live webinar will be on Wednesday August 21, 2019 at 8 pm ET/7 pm CT/6 pm MT/5 pm PT

The webinar will last approximately one hour. There will be time for your questions. It will be recorded for viewing later.

The cost is $10 and you will receive:

  • Access to the live webinar on Wednesday August 21, 2019
  • An opportunity to ask questions via the live chat room
  • Handout of the slides
  • Recording to the webinar
  • IRS Forms, Instructions and samples
  • Template to summarize your state and IRS filing requirements for your board

 

More information at HomeschoolCPA.com/Filings

 

Carol Topp, CPA

Tiny Homeschool Groups: Do We Need to Pay Taxes?

Tiny Homeschool Groups: Do We Need to Pay Taxes?

Tiny homeschool groups have different challenges than large programs. They are limited on resources, volunteers, and activities. But they still have questions about legal status, money and taxes that the large homeschool organizations have.

In this 4-part podcast series, Carol Topp, CPA answers the common questions that tiny homeschool groups face. All podcasts are available at HomeschoolCPA.com/Podcast

  • Episode #175 Are We a Nonprofit?
  • Episode #176 Do We Need to File Anything?
  • Episode #177 Do We Need to Pay Taxes?
  • Episode #178 Do We Need a Bank Account?

In this episode Carol Topp will explain taxes for tiny homeschool groups:

  • How a tiny homeschool group can be tax exempt without applying.
  • How tiny groups can self-declare tax exempt status with the IRS.
  • State income tax exemption.
  • The IRS annual report Form 990-N.
  • Sales tax for small nonprofit organizations.

 

Join the Facebook group for homeschool leaders: I am a Homeschool Group Leader. 1,000+ homeschool leaders offer ideas, encouragement and respectful exchange of ideas. https://www.facebook.com/groups/72534255742/

 

Featured Product

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

 

 

 

Webinar: IRS and State Filings for Homeschool Groups

Getting 501c3 tax exempt status is a great accomplishment! If you’ve done that, congratulations!

But don’t think you are done with government forms just yet! Your state and the IRS have several reports that must be filed regularly to maintain your precious tax exempt stats.

Carol Topp, CPA the HomeschoolCPA has helped over 100 homeschool organizations apply for tax exempt status. She has prepared a webinar on IRS and State Filings for Homeschool Nonprofits. Carol explains the IRS annual reports for tax exempt nonprofits and how you can know what your state requires.

You will learn:

  • The importance of maintaining 501c3 tax exempt status
  • The IRS Form 990 series. What form your group needs to file.
  • How to know if you’ve missed filing IRS returns
  • How to see Form 990-EZs and 990s from other nonprofits.
  • An explanation of the IRS Form 990-N.
  • What filings may be required by your state with examples

After the webinar you will be equipped to file on your own the IRS Form 990-N and state forms saving you hundreds of dollars in professional fees.

 


This webinar is the third in a series of 3 webinar to teach homeschool nonprofit leaders how to create a nonprofit, get and maintain tax exempt status. The other two webinars are:

I highly recommend you watch the first two webinars on Create a Nonprofit for Your Homeschool Community and 501c3 Application for Homeschool Nonprofits. They are both a precursor to this webinar and tells you what to do to create a nonprofit and apply for 501c3 tax exempt status.


 

This third webinar on IRS and State Filings is for Homeschool Nonprofits if for groups that have received (or applied for) for tax exempt status with the IRS and:

  • Are unsure about IRS annual returns
  • Don’t know what forms their state requires from nonprofit organizations
  • Do fundraisers or ask for donations
  • Received a letter from the IRS or their state about missed reports
  • Need to know what to do to maintain their tax exempt status
  • Want to know what it takes to run a compliant nonprofit organization
  • People who want to DIY the IRS and state flings but need an experienced expert to teach them how.

The webinar will last approximately one hour.

The cost is only $10 and you will receive:

  • A recording of the webinar
  • Handout of the slides
  • IRS Users Guide for Form 990-N
  • Blank IRS Form 990-EZ and Instructions
  • Template to summarize your state and IRS filing requirements

 

Carol Topp, CPA
HomeschoolCPA.com
Helping Homeschool Leaders maintain tax exempt status.

How to self declare tax exempt status

In my webinars on Creating a Nonprofit for a Homeschool Community and 501c3 Application for Homeschool Nonprofits, I briefly mentioned that some homeschool groups can self declare tax exempt status.

I didn’t go into detail of HOW to self declare this tax exempt status. This blog post explains the HOW.

Background:

Organizations that are eligible to self declare 501 tax exempt status do not have to apply for tax exempt status with the IRS. So no Form 1023/1023-EZ or 1024 needs to be filed! This saves you time and money! Hooray.

But self-declared tax exempt organizations must still maintain that tax exempt status by filing an annual report with the IRS. This annual filing is Form 990/990-EZ or 990-N.

 

If you are a 501c7 social club:

This status is common for homeschool support groups that focus on social activities and clubs rather than on educational activities

Self declare tax exempt status

Since you have not applied for 501(c)(7) status  (you can “self declare” 501(c)(7) status and don’t have to file the paperwork), you are not in the IRS database (yet) so you will not be able to file the 990-Ns. You will need to call the IRS Customer Account Services at 1-877-829-5500 and be added to their Exempt Organization database so you can begin filing the Form 990-Ns.

It typically takes 6 weeks after you call to be added to the IRS database.

Tips when calling the IRS

Say something like this,

“We’re a brand new 501(c)(7) Social Club and we needed to get added to the IRS exempt organization database so we can start filing our 990-Ns.”

 


If you are a 501c3 Educational Organization

This status is common for tiny homeschool groups including co-ops, tutorials, youth sports, music and arts organizations that focus on educational activities.

Your organization’s total gross revenues must be less than $5,000 per year to be eligible to self declare 501(c)(3) tax exempt status.* 501(c)(7) social clubs mentioned above do not have that $5,000/year limitation. They can have gross revenues of more than $5,000/year and still self-declare tax exempt status.

Read about the difference between 501(c)(7) Social clubs and 501c3 organizations.

Since you have not applied for 501(c)(3) status, you are not in the IRS database (yet) so you will not be able to file the 990-Ns. You will need to call the IRS Customer Account Services at 1-877-829-5500 and be added to their Exempt Organization database so you can begin filing the Form 990-Ns.

Tips when calling the IRS

Say this: “We’re a small 501(c)(3) educational organization with revenues of less than $5,000 per year. We understand we can self-declare our 501(c)(3) tax exempt status. We’d like to get added to the IRS exempt organization database so we can start filing our 990-Ns.”

 

*Note that only 501(c)(3) organizations with less than $5,000 annual gross revenues can “self-declare” their tax exempt status. 501(c)(3) s with more than $5,000/year in revenues must apply for501(c)(3) status using Form 1023 or the new, shorter Form 1023-EZ.


For both  501c7 Social Clubs and 501c3 Educational Organizations

During your call with the IRS, they will ask for your EIN and organization’s name, address, and probably a contact name. Have all that ready before you call.

They may also ask what date your fiscal year ends. Many support groups operate on a calendar year, but some operate on a school year with a year end of June 30 or July 31. You get to pick it!

They may ask if you have “organizing documents.” They mean bylaws, Articles of Association (or Articles of Incorporation). So tell them if you have bylaws or Articles of Association/Articles of Incorporation. Samples can be found here.

Call the IRS early in the morning. They open at 8 am local time and you can usually get through pretty quickly of you call then. Record the date you call, the IRS employee name and their identification number.

Don’t forget to the the 990-N every year!

Be sure you go online to file the Form 990-N anytime after your fiscal year ends and before its due date which is 4 1/2 months after the end of your fiscal year.

So if you operate on a calendar year, the 990-N is due May 15. If your fiscal year ends June 30, the From 990-N is due November 15 every year. File it at IRS.gov/990n

 

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

 

 

 

 

If your 501(c)(3) educational organization grows and has more than $5,000 in revenues per year, it’s time to officially apply for 501(c)(3) tax exempt status.

This webinar 501c3 Application for Homeschool Nonprofits will explain how to do that.

 

Carol Topp, CPA

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Apply for 501c3 Tax Exempt status on your own (this webinar will show you how!)

 

I’ve helped over 90 small nonprofit organizations apply for 501c3 status using IRS Form 1023-EZ.None have ever been denied by the IRS.

Would you like to know what I know?

I share my experience, tips, and even a few secrets that I only share with my clients in a webinar

501c3 Application for Homeschool Nonprofits 

This webinar is for:

  • People who want to DIY (Do It Yourself) in applying for 501c3 tax exempt status but need an experienced expert to teach them how.
  • New homeschool groups formed as nonprofit organizations that want tax exempt status
  • Homeschool groups that have been around a while but never applied for 501c3 tax exempt status
  • A homeschool business that wants to convert to be a nonprofit and get tax exempt status
  • Homeschool leaders who have heard about tax exempt status, but don’t understand the steps to take.

You will learn:

  • The difference between nonprofit and tax exempt status. They are not the same thing!
  • The pros and cons of tax exempt status
  • How you could avoid applying at all, yet still get all the advantages of 501c3 status
  • What is needed before applying for tax exempt status
  • The cost and steps to take
  • An explanation of the IRS Form 1023-EZ line-by-line. This will be the crux of the webinar and will help you prepare your own 501c3 application!
  • Tips on filing the IRS Form 1023-EZ from Carol’s experience of filing over 90 applications!

After the webinar you will be equipped to file on your own the IRS Form 1023-EZ, saving you hundreds of dollars for professional help.

The cost is $25. 

What  you get for $25:

  • Webinar recording. The webinar lasts approximately 1.75 hours.
  • Handout of webinar slides
  • ebook The IRS and Your Homeschool Organization by Carol Topp, CPA
  • Sample Form 1023-EZ for your reference
  • BONUS: If you feel you need additional assistance, we can arrange a phone consultation. I will discount my hourly rate from $85 to $60/hour, so this webinar pays for itself!

This is the second part of a 3-part webinar series

The first webinar Create A Nonprofit for Your Homeschool Community is available now. I highly recommended to watch this webinar first, if you haven’t done so already!

The final webinar IRS and State Filings for Homeschool Nonprofits will air in August 2019.

 


 

Carol Topp, CPA

HomeschoolCPA.com

Webinar: 501c3 Application for Homeschool Nonprofits

Have you heard that applying for 501c3 tax exempt status is difficult, time consuming and expensive? Well, it can be, so Carol Topp, CPA the HomeschoolCPA wants to make applying for 501c3 tax exempt status a lot easier for you!

So easy, you can do it yourself!

In this webinar 501c3 Application for Homeschool Nonprofits Carol shares her tips and secrets to apply for 501c3 tax exempt status with the IRS.

You will learn:

  • The difference between nonprofit and tax exempt status. They are not the same thing!
  • The different types of 501c organizations there are and which are most common for homeschool groups
  • The pros and cons of tax exempt status
  • How you could avoid applying at all, yet still get all the advantages of 501c3 status
  • What is needed before applying for tax exempt status
  • The cost and steps to take
  • An explanation of the IRS Form 1023-EZ line-by-line. This is the crux of the webinar and will help you prepare your own 501c3 application!
  • Tips on filing the IRS Form 1023-EZ from Carol’s experience of filing over 90 applications!
  • What filings may be required by your state (in addition to the IRS)

After the webinar you will be equipped to file on your own the IRS Form 1023-EZ, saving you hundreds of dollars for professional help.

 

Watch a preview:

The cost is $25.  The webinar runs approximately 1.75 hours.

What  you get for $25:

  • Access to the webinar recording
  • Handout of webinar slides
  • Sample Form 1023-EZ for your reference
  • ebook The IRS and Your Homeschool Organization by Carol Topp, CPA
  • BONUS: If you feel you need additional assistance, I will discount my hourly rate from $85 to $60/hour if you have purchased the webinar.

This is the second part of a 3-part webinar series

The first webinar is Create A Nonprofit for Your Homeschool Community. I highly recommended to watch this webinar first, if you haven’t done so already!

The final webinar IRS and State Filings for Homeschool Nonprofits will air in August 2019.

 


Carol Topp, CPA

HomeschoolCPA.com

12 moms want to start a homeschool co-op. How to get started

Carol,

12 mommies started a homeschool co-op. We offer an educational learning class three times a month and social events (field trips). We are wanting to do things right. We are thinking of collecting dues and selling goods to have money for trips. How do we get started with registering as nonprofit, filing a 501c3, doing everything legal in my state?
Courtney

 

Courtney,

Good for you and the 12 families to help each other homeschool by forming a co-op!

Start by reading through my checklist of steps to form a nonprofit and apply for tax exempt status.

One of your first tasks will be to form a board, the 3-5 people who will lead the group and make major decisions.

My webinar Create a Nonprofit for Your Homeschool Community will offer you some great tips to form a board.

 

Then my book Homeschool Co-ops: How to Start Them, Run Them and Not Burn Out should be a big help.

Finally one of your officers (usually the Treasurer) should read my book The IRS and Your Homeschool Organization. It explains the process to apply for 501c3 tax exempt status.

 

 

When you’re ready contact me and we can set up a phone call to see if you’re set up enough to apply for 501c3 tax exempt status!

 

Carol Topp, CPA

HomeschoolCPA.com

Helping Homeschool Leaders

Inurement: a funny word the IRS doesn’t like!

The IRS uses an unusual word that most of us don’t know the meaning of: inure or inurement. Here’s how the IRS uses it in their definition of a 501(c)(3) tax exempt organization:

A section 501(c)(3) organization must not be organized or operated for the benefit of private interests, such as the creator or the creator’s family, shareholders of the organization, other designated individuals, or persons controlled directly or indirectly by such private interests. No part of the net earnings of a section 501(c)(3) organization may inure to the benefit of any private shareholder or individual. A private shareholder or individual is a person having a personal and private interest in the activities of the organization. (emphasis added)

Source: https://www.irs.gov/charities-non-profits/charitable-organizations/inurement-private-benefit-charitable-organizations

What does inurement mean?

“Inurement” means “benefit.”  The IRS forbids a tax exempt organization to use its income or assets to directly or indirectly benefit an individual, a person with a close relationship with the organization or a person who is able to exercise significant control over the organization. These can be board members or donors.

Jeramie Fortenberry an attorney, gives an excellent explanation of inurement in his website article “The Inurement Prohibition & Non-Profit Organizations.”

Non-profit organizations are subject to what is known as the nondistribution constraint.  Simply stated, this means that non-profit organizations cannot distribute profits to those who control it.  The nondistribution constraint is the fundamental distinction between non-profit organizations from for-profit organizations.  (emphasis added)

Any time assets of the organization flow through to benefit the organization’s insiders, whether directly or directly, inurement is an issue.

What are some examples of inurement?

  • A nonprofit executive used the organization’s money to pay his child’s college tuition, lease a luxury car for his wife, have his kitchen remodeled, and rent a vacation house at the beach.
  • The CEO at a tax-exempt hospital used charitable assets to pay for personal items such as liquor, china, crystal, perfume, an airplane, and theater tickets.
  • A nonprofit art gallery exhibits artwork created by its members for a fee but grants board members the same service without cost.
  • The nonprofit organization’s sole activity is conducting seminars and lectures based on the program owned by its president and his for-profit company.
  • An educational organization had four board members who voted themselves free tuition to the program for their children. This benefit ranged from $2,000-$4,000 per board member per academic year.

Sources: https://www.nolo.com/legal-encyclopedia/what-is-private-inurement.html and https://boardsource.org/resources/private-benefit-private-inurement-self-dealing/ and https://www.forpurposelaw.com/the-private-benefit-rule-three-more-examples/

What happens if a nonprofit practices inurement?

I would hope inurement would never happen in a homeschool group, by Mr. Fortenbury discusses the IRS’s options against a nonprofit organization.

The inurement restriction is absolute: An organization that violates this prohibition will not qualify (or will cease to qualify) for tax exemption.

In cases involving inurement, the IRS may impose the penalties in lieu of or in addition to the revocation of tax exempt status. 

This system effectively gives the IRS two options to enforce the nondistribution constraint.  In blatant violations of the inurement prohibition, the IRS can both revoke tax exemption and impose monetary penalties under the intermediate sanction regimes. In less severe cases, the IRS may seek to correct the situation through intermediate sanctions alone.

For the full article visit: https://www.fortenberrylaw.com/inurement-prohibition-nonprofit-organizations,

 

So, please homeschool leaders, stay away from inurement (giving benefits or the assets that belongs to the nonprofit) to any insiders (those who exercise control over the organization).

We’re homeschoolers and we’re better than that.

Carol Topp, CPA