My lawyerly reponse to the question of how many directors a nonprofit corporation should have is “it depends.” The Panel on the Nonprofit Sector, in its Final Report to Congress and the Nonprofit Sector (2005), states that “he ideal size of a board depends on many factors, such as...
STARTING A NONPROFIT
Although the vast majority of individuals who set out to start a nonprofit do so with the best of intentions, starting a nonprofit requires much more than just good intentions.
Founders should invest meaningful time and thought in determining whether they can access the human, financial and other resources necessary to create a sustainable organization that will effectively and efficiently bring value to the public. And they should understand the various considerations and issues involved with starting and operating a nonprofit. For a Step-by-Step Guide for Starting a California Nonprofit, check out our article for CalNonprofits here.
Amateur Athletic Organizations
To qualify for 501(c)(3) tax exempt status, an amateur athletic organization must fall under one of three rationales endorsed by the IRS: An organization is educational by either teaching sports to youth or being affiliated with an educational organization. Such organizations may also provide facilities and equipment. An organization...
Fiscal Sponsorship: Six Ways to Do It Wrong
Fiscal sponsorship is the term used to describe a set of relationships between (1) an individual or group desiring to run a project that advances a tax-exempt purpose; and (2) a tax-exempt organization that is willing to serve as the project’s fiscal sponsor by conferring upon the project the benefit...
Purpose Statement – Nonprofit Articles of Incorporation
A charity’s articles of incorporation must limit the corporation’s purposes to one or more of the exempt purposes set forth in Section 501(c)(3) of the Internal Revenue Code: “religious, charitable, scientific, testing for public safety, literary, or educational purposes, or to foster national or international amateur sports competition (but...
IRS Eliminates Advance Rulings Process
On September 8, 2008, the IRS issued new regulations that eliminate the public charity advance ruling process. IR-2008-102, “IRS Streamlines Application Process for New Tax-Exempt Organizations,” stated in part: The Internal Revenue Service and the Treasury Department today issued new regulations that do away with the so-called advance rulings...
Form CT-1 is Back!
California Form CT-1 has returned after being replaced by an Initial Checklist which followed passage of the Nonprofit Integrity Act of 2004. If your organization must register with the California Attorney General’s Registry of Charitable Trusts, Form CT-1 is the initial registration form. Click here for Form CT-1. Here...
AB 897 Signed by Governor – Simplifies State Tax-Exemption Process
On September 26, 2007, Governor Schwarzenegger signed AB 897 introduced by Assembly Member Guy Houston (R-San Ramon). AB 897 eliminates the requirement of an organization that has received recognition of exempt status under Section 501(c)(3) of the Internal Revenue Code to file a separate application for state tax exemption...
Group Exemption
UPDATE (6/16/20): IRS Notice 2020-36 This notice contains a proposed revenue procedure that sets forth updated procedures under which recognition of exemption from federal income tax for organizations described in § 501(c) of the Internal Revenue Code (Code) may be obtained on a group basis for subordinate organizations affiliated...
Charitable Class
IRS Publication 3833 (Rev. 9-2005) provides the following description of a charitable class: The group of individuals that may properly receive assistance from a charitable organization is called a charitable class. A charitable class must be large or indefinite enough that providing aid to members of the class benefits...
Fiscal Sponsorship Basics
Updated January 25, 2015 Fiscal sponsorship is an increasingly common alternative to starting a nonprofit organization. In its most common forms, it allows a group or individual to create a project that can receive grants and deductible charitable contributions without forming a nonprofit entity and/or obtaining tax-exemption. Accordingly, it’s not surprising to see...