Articles

Legal Issues for New Nonprofits Webinar 1: What Does It Mean to be Tax Exempt?

This is part one of an eight part webinar series that provides general legal information about operating a 501(c)(3) tax-exempt, nonprofit corporation. This webinar highlights IRS regulations for 501(c)(3) tax-exempt organizations, including limitations on private inurement, lobbying and unrelated business income. Presenter: Regina Hopkins, Esq., Assistant Director for Community Economic Development, D.C. Bar Pro Bono …

HIPAA Basics for Nonprofits

This provides a general and brief overview of HIPAA as it applies to charitable nonprofit organizations that provide care or services to underserved individuals. HIPAA Basics

Pay or Play: Determining Which Employers Are Subject to the Penalties Under Health Care Reform

Beginning January 1, 2015, the Patient Protection and Affordable Care Act requires most employers with 100 or more full-time employees or full-time equivalents to provide health coverage or pay a penalty tax for failure to do so. Beginning in 2016, most employers with 50 or more full-time employees or full-time equivalents are subject to the …

Employer Mandate Relief Provided for Smaller Employers Under Final Regulations

Beginning January 1, 2015, the Patient Protection and Affordable Care Act requires most employers with 100 or more full-time employees or full-time equivalents to provide health coverage or pay a penalty tax for failure to do so. Employers with 50 or more full-time employees or full-time equivalents have another year to comply with the law …

Reporting Requirements for Nonprofits with Foreign Bank Accounts (FBAR)

U.S. nonprofits that operate internationally and open bank accounts in foreign countries need to be aware of the federal reporting requirements for foreign bank accounts. This article explains the filing requirements of FBAR. Reporting Requirements for Nonprofits with Foreign Bank Accounts

Electronic Signatures for Non-Profits

Nonprofit organizations use technology to streamline otherwise time consuming paper and pen processes. Electronic signatures offer one such opportunity to simplify agreements with your beneficiaries, volunteers, staff, and other third parties. This article helps guide you in determining whether to adopt the use of electronic signatures at your nonprofit. Electronic Signatures

Using Restrictive Covenants to Protect A Nonprofit’s Assets

Well-trained employees and the donor base they help to develop are significant assets that a nonprofit organization wants to protect. It is also natural for nonprofits to want to avoid improper use of proprietary information they have shared with their employees. What legal options do nonprofit organizations have to secure these assets? This article details …

Legislative Scorecards: What Are They and Can You Use Them?

Does your organization have a particular interest in how politicians vote on proposed laws? Are there certain politicians you feel better represent your organization’s interests over others? One way organizations can make their members or followers aware of how politicians are voting on select issues of importance is to distribute legislative scorecards. Legislative scorecards are …

Work Opportunity Tax Credit for Tax-Exempt Nonprofit Employers

The VOW to Hire Heroes Act of 2011 allows employers, including nonprofits, to claim a tax credit when they hire a qualified veteran. This tax credit was recently extended until December 31, 2013. This legal alert answers questions nonprofit employers may have about how the tax credit works and how to apply for it. Click …

Registering as a Lobbyist in Georgia – 2014 Changes to Ethics in Government Act

Starting January 2014, changes to the rules for lobbyists in Georgia will go into effect and nonprofits that lobby should pay attention as the fines for noncompliance are significant. Even if your employees, contractors and volunteers have not had to register as lobbyists in the past, the updated law may require them to register. The …

Property Tax for Georgia Nonprofits

Does your nonprofit own real property? Does it plan to purchase real property (or hope to have it donated)? If so, don’t assume that your nonprofit will not have to pay property tax. Real property owned by a 501(c)(3) tax-exempt nonprofit organization in Georgia is not automatically exempt from property tax. The property must qualify …

You’ve Been Served: What to do when your nonprofit receives legal papers

If you receive a subpoena, summons, writ of garnishment, notice of government investigation or similar document, seek legal counsel as quickly as possible. Whatever you do, do not ignore legal papers. The problem will not go away and will probably get worse. Read this important article for more information.

When May an Employee Also Serve as a Volunteer?

Nonprofit employees are often motivated not only by a paycheck, but by a passion for the organization that employs them. Such employees may feel inspired to contribute to their organization outside of their normal working day, in a volunteer capacity. Although these arrangements can benefit all involved, employers must approach them with caution. When certain …

UBIT:Is Income Generated by Your Training Program Taxable?

Have you ever shopped at a store or eaten at a restaurant that was operated by a nonprofit? Many organizations that have 501(c)(3) tax-exempt status conduct such commercial business activities in order to provide training opportunities for clients and make money for their ongoing programming. Such organizations do not have to any pay Federal income …

There is a Right Way and a Wrong Way to Say Thank You, According to the IRS

The U.S. Tax Court recently ruled that an individual who had donated over $22,000 to his church could not take a tax deduction for the contribution because the church had not sent the donor the proper acknowledgment. According to the IRS, 501(c)(3) organizations must send a contemporaneous written acknowledgment to donors of over $250 stating: …

Nonprofits and Lobbying

In case you haven’t noticed the activity under the gold dome, the Georgia State Legislature is in session. You might be wondering what your nonprofit organization can do to influence the legislature. Nonprofits with 501(c)(3) tax-exempt status should be familiar with the IRS restrictions on their lobbying activities (and the lack of restrictions on advocacy). …

Nonprofit’s Guide to Risk Management and Insurance

Risk management does not represent the most exciting or inspiring part of a nonprofit organization’s work. However, it is as crucial as any other task a nonprofit undertakes, because good risk management ensures that the nonprofit will have enough assets to carry out its mission. It also ensures that the nonprofit’s actions will not harm …

EEOC Updated Guidance on Employer’s Use of Criminal Records When Making Employment Decisions

This legal alert discusses how criminal background checks, when improperly used, may unwittingly make an employer liable for discrimination. It also explains how employers can avoid such claims by following the EEOC’s suggested best practices for employers. Please note that in addition to the legal disclaimer above, this article contains information that is based, in …

What is a “Member” of a Nonprofit?

While many nonprofits use the term member to mean supporter, donor, participant or friend, the term “member” actually has a technical definition under Georgia law. Deciding on whether or not your organization should have members in a legal sense is important because it affects who controls the organization. Learn more about what it means to …

Workers’ Compensation Insurance: Required by Law for Most Georgia Nonprofits

Under Georgia law, companies with three or more employees are subject to workers’ compensation laws and must carry workers’ compensation insurance. Both paid staff and unpaid corporate officers (for example, Board chair and secretary) are considered to be employees. As a result, most nonprofit corporations are required to have workers’ compensation insurance. In order to …

Paying Sales and Use Tax in Georgia

Unlike many other states, the State of Georgia does not grant a blanket exemption from sales and use tax to Section 501(c)(3) tax-exempt organizations. In order to be exempt from paying tax on goods that are purchased or sold by the organization, the organization or the transaction must fit one of the specific, narrow exceptions …

Georgia Sales and Use Tax Exemptions for Nonprofits

Unlike some states, Georgia does not provide a general exemption from the payment of state sales and use tax for nonprofit organizations. To be exempt from Georgia state sales and use tax, a nonprofit must fit into a specific exemption category. This article describes some of the exemptions that may apply to nonprofit organizations.

How to Protect Your Nonprofit from Unfounded Unemployment Claims

Unemployment benefits provide a financial bridge for unemployed individuals to their next source of employment. The unemployment system, however, has a high propensity for being subject to abuse, fraud, and improper claims. With these concerns in mind, this article provides information to ensure you, a nonprofit employer, are in compliance with the Georgia Department of …

Insurance and Risk Management 101 for Nonprofits

The alert provides basic information about the types of insurance typically purchased by nonprofits, such as what the insurance policies cover and why a nonprofit may need to purchase such insurance. It also discusses basic risk management techniques your nonprofit can follow to help prevent any losses. Please note that in addition to the legal …