Paying a homeschool leader to start business and benefit the homeschool group

We are a new unincorporated nonprofit association and our Director has applied to become a notary. Can we use our fundraising funds to cover the cost for her to become a notary?

She would be offering complimentary notary services to all our members. We would charging a fee for notary services for people who are not members of our homeschool group. What are the legal ramifications for this?

Thank you for your time and assistance!

TA in Illinois

Dear TA,

Thank you for contacting me.

Your homeschool group should not pay for the Director to become a notary. That’s like your homeschool group paying for someone to attend medical school if they promise to give free physical exams to all members. No! Okay, that’s an extreme example, but you get the idea. 🙂

Your homeschool organization’s purpose is educational, not to fund someone’s business.

Becoming a notary is a business expense for an individual and your nonprofit should not be paying personal, business expenses for an individual.

The IRS could see this as “inurement” which is when the assets of a nonprofit (the money from fundraising) flows to benefit an individual. Sometimes it’s better called “private benefit” or “self-dealing.” Inurement is strictly forbidden by the IRS and could cause your organization to lose its tax exempt status. That’s a pretty serious legal ramification!

Don’t pay for the leader’s personal expenses to become a notary with the nonprofit’s funds.

Additionally, making money by charging nonmembers for services that are not related to your purpose (education) is called Unrelated Business Income and is subject to income tax. So that’s a financial ramification on your Director’s idea.

I discuss unrelated business income and the tax here: What is Unrelated Business Income Tax?

And in this podcast episode:
What is Unrelated Business Income Tax or UBIT? (podcast)

I hope that helps!

Carol Topp, CPA
HomeschoolCPA.com
Helping homeschool leaders

How can our board members lead and get paid for it?

Hi Carol,
We have questions about how and if we are able to file as a 501(c)3 so that our directors can continue to lead the group while getting compensated for their time and efforts. Do you have any resources for this type of information?

Thank you for your time,

Lisa R

Lisa,

You asked an excellent question about how “our directors can continue to lead the group while getting compensated for their time and efforts.”

It is very difficult and sometimes not possible or desirable to compensate your board members. It creates conflicts of interest, self-dealing and could be forbidden by your state nonprofit laws and even exclude your organization from being granted 501(c)(3) tax exempt status by the IRS.

I’m glad you mentioned that you are in California because California has a law that forbids more than 49% of a nonprofit board to be composed of compensated individuals (or their family members).

This website (from nonprofit lawyers in California) explains the 49% rule:

Under California Section 5227, not more than 49% of a public benefit corporation’s governing body may be composed of “interested directors,” defined as –
(a) Any person who has been compensated by the corporation for services within the last 12 months, and
(b) Any member of such a person’s family.

Source: https://www.adlercolvin.com/what-every-nonprofit-b…
Scroll down to C. Conflicts of Interest and read the entire section.

One more resource in plain English is The California Attorney General’s Guide to Charities. http://npocpas.com/assets/guide_for_charities.pdf….
Go to page 20 and read 3. Duty of Loyalty and Conflict of Interest.


So in a nutshell, your board members need to be independent from conflicts of interest. Being compensated creates a conflict of interest.

I discourage nonprofit boards from being compensated. Most nonporift advocates encourage board members to serve as volunteers.

But you have two options:

Your board needs to be large enough that the individuals being compensated are the minority and are not guilty of self dealing or conflicts of interest. That may be very difficult to do.

Or the other option is to hire help like a bookkeeper or administrative assistant who would not be board members. This may free up the board to serve as volunteers and then have no conflicts of interest.

My book that addresses paying board members is Paying Workers in a Homeschool Organization

I hope that helps,

Carol Topp, CPA

The duty of compliance with the law for homeschool organizations

In addition to the duties of care and loyalty discussed in the previous episode #204, homeschool leaders have a duty of compliance with the law. What laws to leaders need to know about? What does a duty of compliance look like?

This is the third part of a 4-part series on tips for homeschool leaders a workshop given to homeschool leaders in Austin Texas in February 2020.

Carol Topp, CPA discusses three main areas of compliance:

  1. IRS filings and taxes
  2. Your state filings for nonprofit organizations
  3. Workers classification as an employee or independent contractors

In the 4 part podcast series Carol discusses:

  • Episode #203   Leader mindset and attitudes
  • Episode # 204 What do the duties of care and loyalty look like?
  • Episode # 205  The duty of compliance with the laws for nonprofit organizations
  • Episode #206 Managing records and finances in you homeschool group

Each episode can be found at HomeschoolCPA.com/Podcast.

Handout of the workshop: https://homeschoolcpa.com/wp-content/uploads/2020/11/Top-Tips-Handout-2020.docx

Helpful Resources

For more information on the IRS and state filings for your homeschool group, check out these resources

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,

Podcasts #64 Annual Reports

Podcast #74 Keep up to date with state filings

A helpful webinar on IRS and state-required filings for nonprofit organizations HomeschoolCPA.com/Filings

Carol Topp, CPA
HomeschoolCPA.com
Helping Homeschool Leaders

What do the Duties of Care and Loyalty look like?

HomeschoolCPA Carol Topp frequently mentions that homeschool leaders have a duty of care and loyalty to their groups. What does a duty of care look like? How does a leader know know if she is being loyal?

This is the second part of a 4-part series on tips for homeschool leaders a workshop given to homeschool leaders in Austin Texas in February 2020.

Some of the ways to demonstrate a duty of care and loyalty for a leader include:

  • Have Board meetings
  • Manage the money well
  • Have insurance
  • Avoiding conflict of interest
  • No self dealing (the board gives itself discounts)

In the 4 part podcast series Carol discusses:

  • Episode #203   Leader mindset and attitudes
  • Episode # 204 What do the duties of care and loyalty look like?
  • Episode # 205  The duty of compliance with the laws for nonprofit organizations
  • Episode #206 Managing records and finances in you homeschool group

Each episode can be found at HomeschoolCPA.com/Podcast.

Handout of the workshop: https://homeschoolcpa.com/wp-content/uploads/2020/11/Top-Tips-Handout-2020.docx

Helpful Resources

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.


A checklist of best practices to avoid embezzlement. It is available at HomeschoolCPA.com/Fraud

Podcast # 105 Podcast episode on preventing fraud

How to avoid self-dealing. The board cannot vote themselves benefits like discounts.  Listen to Podcast #71 on how to thank volunteers without self-dealing.

Carol Topp, CPA
HomeschoolCPA.com
Helping Homeschool Leaders

Mindset for Homeschool Leaders

HomeschoolCPA, Carol Topp spoke to a group of homeschool group leaders in Texas about a good mindset and attitudes that are necessary for leading a homeschool group. In this episode Carol reminds leaders of three things they may have forgotten:

  • You cannot be all things to all people-so stop trying!
  • Your organization is not essential to the success of homeschooling!
  • You are not responsible for homeschooling other peoples’ children!

This is the first part of a 4-part series on Tips for Homeschool Leaders, a workshop given to homeschool leaders in Austin Texas in February 2020.

In the 4 part podcast series Carol discusses:

  • Episode #203   Leader mindset and attitudes
  • Episode # 204 What do the duties of care and loyalty look like?
  • Episode # 205  The duty of compliance with the laws for nonprofit organizations
  • Episode #206 Managing records and finances in you homeschool group

Each episode can be found at HomeschoolCPA.com/Podcast.

Handout of the workshop: https://homeschoolcpa.com/wp-content/uploads/2020/11/Top-Tips-Handout-2020.docx

During the podcast Carol mentioned the I am a Homeschool Group Leader Facebook group. Please join us!  https://www.facebook.com/groups/72534255742/

Featured Resource

Phone Consultation with Carol Topp, CPA

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

Cost: $85/hour to nonprofit organizations. $100/hour to for-profit businesses. $60 minimum.

Contact HomeschoolCPA, Carol Topp, CPA, to arrange a telephone consultation.Click Here to request more information!

Bad Acting Nonprofit Board Members

I like crime novels and murder mysteries. So I was intrigued with a series of cases that the Ohio Attorney General shared regarding bad acting nonprofit board members.

https://www.ohioattorneygeneral.gov/Media/Newsletters/Nonprofit-News/August-2020/Enforcement-Actions

Board members paying themselves for board work

Most of these cases involved board members’ breach of their fiduciary duty.

They usually paid themselves a boatload of money when the organization dissolved.
That’s a “no-no” for nonprofits with 501c3 tax exempt status. When a 501c3 dissolves the money goes to another 501c3 (including churches) not to the board members.

Two board members claimed the money they paid themselves was “a retroactive payment for service as trustees.” Ohio’s Attorney General disagreed and ordered payment of $16,380 in restitution and a $1,820 civil penalty. The board members were also ordered to not serve in any role in a charitable organization for one year.

Failing to file IRS and state reports

Another board of a nonprofit, a cheerleading gym, failed in their fiduciary duties by failing to file the annual IRS information return, Form 990, and failing to file a statement of continued existence with Ohio Secretary of State’s Office. The board members’ (a married couple) penalty was $10,000 and a 5 year ban from serving a charitable organization and can never incorporate another nonprofit.

So forgetting to file your IRS and state reports can get you in pretty serious trouble!


If you are unsure of what reports your homeschool organization should be filing I have some resources for you:


I hope I NEVER read of a homeschool organization getting penalized for breaching its fiduciary duties!

Read more about board duties.
Podcast episode on Board duties

Please talk your job as a board member seriously.

Ask a lot of questions about how the money is being handled and what reports your homeschool group should be filing each year.

My book Money Management in a Homeschool Organization is a good place to start.

Carol Topp, CPA
HomeschoolCPA.com
Helping Homeschool Leaders

Planning an Uncertain Future webinar for homeschool leaders is available for viewing!

Carol Topp and three homeschool leaders offered a webinar for homeschool group leaders on planning for an uncertain future this fall (2020).

Here are some of the comments for live attendees:

Enjoyed the webinar very much! Took away some great snippets that have had my head swimming with possibilities for the coming school year. Really excited about this year!

My co-leader and I have much to discuss in the next few days. Things we didn’t realize we should be considering were brought to light. I think, as a result of our attendance last evening, our planning will be more strategic.

Thank you ladies for doing this. Very helpful and insightful. I really appreciate your time in putting this together. ??

The webinar was recorded and is available for viewing:

The webinar panelists discussed:

  • Making Decisions as a Board
  • Planning Tools
  • Social Distancing in a Homeschool Group
  • Ideas from Homeschool Leader Panelists
  • How to Communicate Your Plans to Members

The webinar is offered at no cost to you. We hope it is helpful.


Carol Topp, CPA
HomeschoolCPA.com
Helping Homeschool Leaders

Help a New Homeschool Group Start Up Quickly

Homeschooling is exploding in light of the COVID-19 pandemic and existing homeschool groups cannot accommodate all the newcomers.
But homeschool leaders want newbie homeschoolers to be successful and have support, so what’s to be done?

How about your existing homeschool group help start another homeschool group? It can be pretty easy. It’s called a “fiscal sponsorship” arrangement Here’s how it would work:

Step One:

Read up on a concept called “fiscal sponsorship.”
These blog posts will get you started:

Step Two:

Meet (online via Zoom) with the leaders of the new group. Explain the arrangement. The new group will exist as a “program” or a committee running the program under your existing homeschool organization.

The new program or committee leaders will get:

  • Use of the parent organization’s EIN (employer Identification Number)
  • Use of the parent organization’s nonprofit incorporation status. This means the new group does not have to form a new nonprofit entity
  • Use of the parent organization’s bank account. The parent organization may want to set up a new checking account for the new group with its existing EIN. Make sure the treasurer has online access to the new checking acocunt.
  • Use of the parent organization’s 501c3 tax exempt status. This is a HUGE advantage. The new group won’t have to apply to the IRS to grant tax exempt status. They can be up and running immediately!
  • Use of the parent organization’s bylaws. The new group will be under the parent organization’s bylaws as a new program, so the new group doesn’t need its own bylaws.
  • Use of the parent organization’s Policy Manuals, registration forms, etc.
  • Use of the parent organization’s website, Facebook account, and other online services for registration.
  • Coverage under the parent organization’s insurance policy. Another HUGE advantage. The parent organization should call its insurance provider and explain it is expanding. Ask for a new quote on what the increased cost will be. Make sure the new group pays the parent organization for their share of the insurance.

The new group will need to:

  • Set up a committee of at least 3 people to operate the new program. One of the parent group’s board members should be invited to all committee meetings to offer help and advice. She should report back to the parent organization on how the new program run by the committee is doing.
  • Find a location to hold their program, meet-ups, classes, etc.
  • Pay the parent organization their share of the insurance
  • Give financial reports to the parent organization at least every 3 months, although monthly is recommended.
  • Make 2-3 year plan for launching itself to be an independent organization.

Agreement in writing

I strongly recommend a written agreement signed by the Chair of the parent organization and the new program committee chair.

The agreement should outline the bullet points given above and add any other issues you think of.

If you want examples of agreements, you could look at some fiscal sponsorship samples
or read

Fiscal Sponsorship: 6 Ways to Do It Right by Gregory Colvin. It describes six models of sponsorship that have been approved and accepted by the IRS. It details how the models work and why, how they differ and how they are similar.

Summary of the book and its six models of fiscal sponsorship by the author: Fiscal Sponsorship: 6 Ways to Do It Right synopsis Colvin.pdf

Advantages

The advantage of this idea is that your group can help start a new group as a program and there is very little you need to do except offer advice! The new group will have the advantage of being able to focus on starting their activities and not have to worry about paperwork, setting up a bank account, government filings, etc. The parent group has already done all that!

This comparison chart of starting a new organization or creating a committee as a fiscal sponsorship under an existing nonprofit was created by attorney Gregory Colvin. It shows how fast a committee can get started on running a new program.

It can work!

This idea is really something new and existing homeschool groups could do together to help new homeschoolers learn from the experienced ones!

If you have more questions about fiscal sponsorship or starting a new homeschool group, I am happy to set up a phone consultation. Contact me and we can discuss what questions you have!

Carol Topp, CPA
HomeschoolCPA.com
Helping Homeschool Leaders

A Decision Making Tool for Homeschool Leaders

Homeschool leaders are having a hard time planning for the future this summer (2020). There are concerns about member’s safety as the COVID-19 pandemic rages on, parents needing support homeschooling, and new families considering homeschooling long-term.

There are so many decisions to make. Is there anything to help homeschool leaders?

Yes. there is!

It’s called a decision matrix.

When I was in homeschool leadership, our board had four different locations to chose from. We created a decision matrix to help us evaluate all the options and what criteria was most important to us.
We considered the location, rent, facilities, and relationship with he host church. It was a visual tool to help us see which option was the best choice.

A decision matrix could be a bit help to your homeschool group as you plan your activities for the fall of 2020.

Some of the criteria you might want to consider include:

  • Low risk of spreading the coronavirus
  • Cost to run the activity
  • Ease of social distancing
  • Ease of sanitation
  • Popularity with members
  • Indoors or outdoors
  • Availability to everyone or just some
  • Welcoming to newcomers
  • Ease of running the activity
  • Does the activity help accomplish our purpose?

Below is a snapshot of a possible decision matrix. This example has five activities the homeschool group is considering (including a new idea) and the criteria they will use to evaluate offering each activity in the fall.

The support group meetings (in homes and moms only) received a high score, but unfortunately the in-person co-op classes did not; they were too risky.

You can also add a weight factor since not all criteria are equal in importance. In this example the criteria were ranked from one (low importance) to five (highest importance). Your group may have several ones and more than one five.

This decision matrix spreadsheet is available to download. I hope it is helpful to your group as they evaluate their programs and activities in the future.


Feel free to edit the Activities and Criteria and, of course, the scores to fit you particular group.

Be sure the wording of your criteria and scores are consistent. High scores means good, low scores are bad. For example, a low risk of spreading disease gets a high score. A high risk of spreading disease would get a low score. It’s easy to get the wording and scoring mixed up!

You are allowed to share this spreadsheet with other homeschool group leaders but please attribute Carol Topp, CPA at HomeschoolCPA.com


You might find my webinar Homeschool Leaders: Planning an Uncertain Future helpful. It’s meant to help homeschool leaders who are facing difficult decisions.

Carol Topp, CPA
HomeschoolCPA.com
Helping Homeschool Leaders

Webinar Recording Homeschool Leaders: Planning an Uncertain Future

Homeschool leaders are facing an uncertain future and tough decisions this fall as the COVID-19 pandemic has caused governments to impose social distancing laws and new health and safety guidelines.

Carol Topp and three homeschool leaders hosted webinar for homeschool group leaders on June 1, 2020.

Here are some of the comments from live attendees:

Enjoyed the webinar very much! Took away some great snippets that have had my head swimming with possibilities for the coming school year. Really excited about this year!

My co-leader and I have much to discuss in the next few days. Things we didn’t realize we should be considering were brought to light. I think, as a result of our attendance last evening, our planning will be more strategic.

Thank you ladies for doing this. Very helpful and insightful. I really appreciate your time in putting this together.

The webinar was recorded and can be viewed on YouTube https://youtu.be/AaQ1c_XuUvY?

The topics discussed included:

  • Making Decisions as a Board
  • Planning Tools
  • Social Distancing in a Homeschool Group
  • Ideas from Homeschool Leader Panelists
  • How to Communicate Your Plans to Members

A handout of the slides is available. Slide Handout


Carol Topp, CPA
HomeschoolCPA.com
Helping Homeschool Leaders