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NOT-FOR-PROFITS and CHURCHES

 

     More than 10% of America's workforce is employed by Non-profits. Non-profits also outnumber the combined employment of utility, wholesale trade, and construction workers -- study by the Johns Hopkins University Center for Civil Society Studies.

 

     It would be hard to imagine the United States without tax-exempt entities. They help with poverty, health care, scholarships, natural disasters, they promote heritage, provide help to returning soldiers, along with other needed support to local communities and throughout the world.

 

     With a good percentage of the employees, boards, and volunteers involved with non-profits, most of these individuals don't take the time or necessary steps to conform with their entity's federal, state, or by-laws. Some have never read their entity's mission statement or researched laws applicable on being employed or being a volunteer for a non-profit.

 

     Our firm has over fifty years of experience with all types of non-profits, including churches. We consult, issue financial statements, and prepare tax returns for entities who are small, with less than $50,000 in annual revenue, to large non-profits with well over $1,000,000 in annual revenue.  

 

     We help boards and directors manage their non-profits by working with them, directly, and focusing on their entity's needs by using highly detailed resources. We have designed various ideas, including checklists, non-profits implement to manage their entity effectively and efficiently while conforming with all applicable laws in the United States. Let our firm go to work for your Non-profit or Church.

 

 

 

See my sections on Internal Control & Fraud on ways your Non-profit or Church can develop systems to protect your entity.

Look-up Links on Your Entity

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Search your Non-profit's Federal Status and View Prior Year's Returns

The IRS' Tax Exempt Organization Search is an online tool that allows the public to search for any non-profit's tax status, determination letters, and previous filings.

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Is your Non-Profit Authorized to Solicit Donations in Virginia?

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This tool allows the public to determine if the non-profit is registered to solicit donations in Virginia. Virginia entities need to be registered with both the IRS and VDACS.

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This tool allows the public to see if a Virginia entity is exempt from paying sales taxes. Exemption is not automatic for a non-profit and can be denied. An entity needs to be IRS exempt and VDACS registered before they can apply for this exemption.

ISSUES & COMMON MISTAKES MADE by NON-PROFITS (which includes CHURCHES)

 

  • Non-profits rarely review or update their policies and rarely implement them. Entities need to review their by-laws, employee handbooks, mission statements, internal controls, dues forms, etc. frequently. In some cases, these documents are rarely seen or provided to new employees or board members.  These are only established to meet federal and state requirements.

  • Boards not providing proper oversight on the Director or management. This is a major function of the board and requires constant supervision. Board members hardly ever monitor the Director's weekly work hours so make sure they are working the correct hours.

  • Boards not monitoring the entity, protecting its assets, providing financial oversite, or helping strengthen programs, events, and services.

  • New board members do not experience orientation.  Board members should receive a guided tour of the facilities, introduced to employees, given access to the last year's board minutes to read, bank statements, mission statement, tax returns, news letters, and any other important documents to get member familiarized with the entity's activities. Educate them on your non-profit and how to conform with federal and state requirements!

  • Board minutes are written very basic and general with no detail. A new member or a board member who may have missed the past meeting should be able to gather what went on at that specific meeting with little guessing. Details, details, details!  Example: "Board talked about certain event." This doesn't help the reader. What was discussed or concluded? Who discussed it? Minutes should read like a newspaper article, informing its users.

  • Entities rarely contact specialist due to costs or they feel they know more than licensed professionals. Have a litigation problem? Maybe you need to consult an attorney. Formalizing budgets? Contact a CPA. Need to invest funds? Contact a broker or investor. Lots of entities use professionals who gladly donate their time to help the organization.

  • Directors and boards only worry about the big issues.

  • No brainstorming session at the beginning of the fiscal year to help prevent fraud, ways to promote the entity, update policies and documents, etc.

  • Entities do not have a yearly checklist for upcoming dates or events nor a documented internal control & accounting system to follow.

  • No routine maintenance & repairs on buildings or equipment. Non-profits tend to wait until it is completely broken. Maintenance is a great way to prevent huge costs, including replacements, extending their usage for more years.

  • Non-profits tend to leave investments or bank CD's with the same institution. Checking around for a higher CD rate should be a requirement. Moreover, an entity needs to keep track of when the CD matures (include in the checklist).

  • Not allowing a board member to have easy access to all the non-profit's documents & employees, including monthly bank and investment statements. Being a board member means full responsibility to the entity. You need all the information necessary to achieve your responsibilities by law. Reviewing the bank's monthly cancelled check images can help give members insight on the monthly expenses of the entity. Employees can also give board members insight on the director's management skills (or lack of), help with certain areas that concern the employee, or help with upcoming events.  

  • Entities should have a standard practice to get a second (or more) estimate on professional services that include repairs, accounting, or consulting.

  • Non-profits rarely network with similar entities, subscribe to trade magazines, or research new ideas via the internet. Moreover, non-profits don't utilize the community to help with fund-raising or advertising. Some depend on the newspaper to advertise special events or fund-raisers. Most young people don't read the newspaper, watch local TV for commercials, or listen to the local radio. Display a sign in the middle of town or outside your entity that can be reused year-after-year. Contact local businesses to advertise your entity or events on their tables or bulletin boards. Maybe grocery stores can insert a flyer when they bag a customer's groceries. Use brochures that stick to pizza boxes or fast food bags.

  • Boards need to thank and appreciate the work of volunteers and major donors. Entities take these individuals for granted. Displaying a plaque on the wall for a volunteer's years of service is a great and inexpensive way of showing appreciation for their service. Moreover, the same can be shown for major donors. Most entities have that one huge donor that gives a substantial amount of money in support. Naming a room (building) after them, with their lettering, can show that donor how much they are appreciated. And, it might increase the odds that their support will continue through the years. Taking them out to dinner is a great way of show appreciation. It also gives the entity time to talk about where their support has been used.

  • At the board meetings, it should be common practice at each meeting to discuss the activities of the Director, without them or any employee present.

COMMON LAWS ESTABLISHED for NON-PROFITS (which includes CHURCHES)

 

  • Non-profits and churches should keep extremely detailed accounts on funds that are "restricted" by donors. These restrictions need to be in writing and disclose how their donation is to be used or when its to be used? If the donor doesn't provide this written statement, provide one for them. This is a major problem area for non-profits! Some restricted donations are vague. These need to be specified to the restriction the donor intended it to be. In most cases the non-profit will have to contact the donor for clarification. Take this time to have the donor sign a written policy on the restricted donation and its agreed upon procedures. This way there is no confusion on how the money is to be spent, per the donor. Common questions to resolve: Is the initial contribution permanent and only the investment income to be used for the restricted purpose? How fast does this need to be spent? How do you want this to be invested? Do we need a separate bank/investment account? Can we use these funds for this/that (insert details)?

  • All entities are required to file IRS form 1099-MISC on independent contractors who are paid over $600 annually. This includes LLC's, people who repair heat pumps, landscape or mowing services, part-time ministers, guest speakers, etc.

  • Non-profits are required to have written policies pertaining to document retention (how long to keep documents), conflicts of interest (examples involve: services provided by families, members, etc.), and a whistleblower policy to report issues that have occurred at the entity (should have a hotline).

  • Janitors, music directors, clerks, and others may need to be set up on the entity's payroll having taxes withheld. This is a common problem with non-profits! Full-time ministers are treated different but are generally included with the other employee's wages and withholdings, forms and filings.

  • Non-profits are not required to file federal unemployment taxes (FUTA) on employees but may be required to file state unemployment taxes (SUTA) if they pay over three employees.

  • Entities may want get workers compensation insurance on their employees even if they are not required by law to have it. Under Virginia law, a non-profit is required to have worker's comp if they have over three or more employees (part or full-time).

  • Any single one-time donation over $250 needs written acknowledgement given to the donor. If the donor makes five, $50 donations, no requirement is needed.

  • Non-profits need to document all non-cash donations (supplies, equipment, etc.). Written acknowledge needs to be provided to the donor. Before a value is documented in the letter, the non-profit needs to justify its estimated value. Under IRS rules, proper valuation is needed before the donor can utilize the donation as a deduction on their tax return. Moreover, the donor can not determine the value! Use the actual receipt (if possible), internet, or an appraiser while utilizing multiple sources to determine the estimated value of the non-cash donation. If a value can not be determined, do not document any amount in the letter! Donors use these letters when filing their tax returns.

  • Non-profits are required to document the annual salaries and wages of their employees, including the director (board too, if applicable). This is usually done in the first meeting of the new fiscal year and disclosed in the minutes. If there are no changes, document there are no changes. But it should be standard practice to disclose these amounts every other year, even if there are no changes for a substantial period of time.

  • Remember that under banking's FDIC limitations, generally only $250,000 per entity is insured on their combined checking, CD's, and money market accounts, per financial institution. An entity may need to diverse their funds to other banks or contact their current bank on how to protect their funds.  

  • Tax-exempt non-profits can still be taxed on unrelated business taxable income (UBTI). Any amounts over $1,000 are taxed at regular corporate rates. UBTI can includes churches who rent their parking lots during game days.

 

 

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