Picture this: your nonprofit has been diligently working towards its mission, making a positive impact in your community, and enjoying the benefits of tax exempt status under Section 501(c)(3) of the Internal Revenue Code. But one day you receive a letter from the IRS telling you that your organization’s 501(c)(3) status has been revoked. What do you do next? Join us. In this episode of the PBPA Podcast, Robyn Miller will guide us through the steps a nonprofit needs to take if it’s tax exempt status is revoked.
IRS Filings
Navigating the ERC: A Guide to Eligibility, Application, and Scam Prevention
Have you been getting offers to help your nonprofit apply for an employee retention credit? Or have you heard about other organizations bringing in thousands of dollars in tax credits under this program? During this episode of the PBPA Podcast, William Stone and Barclay Taylor with Morris Manning and Martin will help us break down eligibility requirements and the application process for the employee retention credit. They’ll also address the unfortunate reality of scams surrounding this government program.
NOTE: On September 14, 2023, the IRS issued a moratorium on the processing of ERC applications. The moratorium will continue until at least the end of 2023. When the IRS begins to review applications again, it will be based on the order applications were received. Find more information about the moratorium HERE.
Comparison of Charitable Solicitation Compliance Companies
Updated August 3, 2022
Complying with charitable solicitation registration, annual renewals and filings, and disclosure statement requirements for multiple states takes a lot of time and requires detailed and dedicated focus. There are many companies that provide this service at a reasonable cost. This is a chart comparing various charitable solicitation compliance companies. Pro Bono Partnership of Atlanta does not endorse any of these companies.
Comparison of Charitable Solicitation Compliance Companies
Comparison-of-Charitable-Solicitation-Compliance-Companies Aug 2022Changes in Sales Tax Obligations for Nonprofit Online Retailers
Does your nonprofit make online sales to customers in other states? Until recently, states were not able to require out-of-state retailers to collect and remit sales tax solely for online sales. This article reviews recent changes in the law that permit states, within certain limits, to require out-of-state retailers to collect and remit sales tax for online sales.
Sales Tax Obligations of Online RetailersMandatory Electronic Filing of Form 990s
Up to now only section 501(c)(3) public charities with assets totally $10 million or more and those filing Form 990-N were required to file electronic Form 990s. With the Taxpayer First Act, all 501(c)(3) public charities will be required to file their Form 990, Form 990EZ or Form 990N electronically. This requirement will be phased in over the next couple of years.
Article - Mandatory Electronic Filing of Form 990sLarge Employers Take Note: Controversial Pay Data Portion of EEO-1 Report Reinstated
If your nonprofit organization has 100 or more employees, or if it is a federal government prime contractor or first-tier subcontractor with 50 or more employees and a prime contract or a first-tier subcontract amounting to $50,000 or more, the organization is required to file an EEO-1 report with the Equal Employment Opportunity Commission (EEOC). This article provides important information about upcoming new requirements for your EEO-1 report filing, including the reporting of pay data.
Controversial Pay Data Portion of EEO-1 Report Reinstated
Article: Large Employers Take Note: Controversial Pay Data Portion of EEO-1 Report ReinstatedHave You Done Your Paycheck Checkup Yet?
The IRS is launching a sweeping effort to advise taxpayers about the importance of doing a “paycheck checkup” as soon as possible to ensure that they are withholding properly from their paychecks. It is highly recommended that employers, including nonprofit corporations, share this information with their employees as soon as possible. Please see this link for an article providing additional information you should share with your employees so they can determine if they are withholding correctly from their paychecks.
Article: Have You Done Your Paycheck Checkup?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
Article: Reporting Requirements for Nonprofits with Foreign Bank Accounts
Day Care Licensing
Many nonprofit organizations provide child care services for parents participating in their programs. These organizations may need to get a state license to operate a day care or they may qualify for an exemption. Even if an organization is exempt from state licensing requirements, their county and city may have additional requirements. This article explains who needs to apply for a state license, who may qualify for an exemption, how to apply for an exemption, and how to contact your county and city to find out if there are additional local regulations.
Day Care Licensing Requirements
Filing Your Form 990: Avoiding Penalties, Interest and Loss of Exemption
Form 990 is the annual tax information return that 501(c)(3) tax-exempt organizations must file with the IRS each year. Even organizations that have not yet filed for 501(c)(3) status but intend to do so, or that have filed for 501(c)(3) status but have not yet received it, are required to file some version of the form with the IRS each year. Which version of the Form 990 that must be filed generally depends on the economic activity of the organization. This article answers basic questions about the Form 990.
Article: Filing Your Form 990-Avoiding Penalties, Interest and Loss of Exemption
Conflict of Interest Policies: Disclosure, Monitoring, and Enforcement
The IRS has made it clear that you should have a written conflict of interest policy and it’s a good idea for your organization. Learn how often they should be reporting and the additional compliance steps you need to take.
Please note that in addition to the legal disclaimer above, this article contains information that is based, in whole or in part, on the laws of the District of Columbia. As a result, the information may not be appropriate for organizations operating outside the District of Columbia.
Article: Conflict of Interest PoliciesStaying Legal: General Guidelines for Operating a 501(c)(3) in Georgia
This is our own Georgia-specific source on best practices for corporate governance and compliance with the IRS guidelines for 501(c)(3) organizations, tax reporting and state filings. The best methods to keep your 501(c)(3) exemption.
Georgia-Guide-bookletIndependent Director Alert
Recent developments make it even more important to have directors on your board who are independent and unaffiliated with your day to day business. This article explains exactly what that means to you, and why you may need to take action.
Please note that in addition to the legal disclaimer above, this article contains information that is based, in whole or in part, on the laws of the District of Columbia. As a result, the information may not be appropriate for organizations operating outside the District of Columbia.
Article: Independent DirectorsPublic Disclosure
This e-alert sets forth the IRS rules about what information you must make available for public inspection, such as your Form 990s and 1023 form.
Please note that in addition to the legal disclaimer above, this article contains information that is based, in whole or in part, on the laws of the District of Columbia. As a result, the information may not be appropriate for organizations operating outside the District of Columbia.
Article: Public DisclosureForm 1023
Updated June 2023
Form 1023 or Form 1023-EZ is the application an organization uses for the IRS to issue a determination letter or ruling letter that recognizes an organization’s exemption from federal income tax.
Form 1023
Form 1023-EZ
IRS Guide to Applying for 501(c)(3) Tax-Exempt Status
Are you interested in Applying for 501(c)(3) Tax Exempt Status? This informative booklet from the IRS answers questions such as why you should apply, who’s eligible, how to get started, and what responsibilities come with the status.
Article: Applying for 501c(3) Tax Exempt Status
Webcast: Charitable Solicitation
Nonprofits have significant obligations to register to ask for money and to acknowledge donations when received. These rules can be traps for the wary. During this one hour webinar, our speaker helps nonprofits understand:
- Who needs to register to solicit donations?
- In what states do you need to register when you have a website?
- How do you create a simple system to acknowledge donations?
- What paperwork should be kept to verify acknowledgements?
Presenter: Robyn Miller, Staff Attorney, Pro Bono Partnership of Atlanta
Click here to view the webcast.
Slides: Charitable Solicitation