Does Your Nonprofit Like to Play Games

Nonprofit Gaming

Does your nonprofit hold bingo nights, casino nights or have “opportunity drawings”? Then you should read the updated publication from the IRS, Publication 3079 (rev. June 2010), Tax-Exempt Organizations and Gaming (link opens up a PDF). From the IRS’s Exempt Organization Update:

The publication explains the potential effect that gaming may have on an organization’s federal tax-exempt status and the special reporting responsibilities of organizations that engage in gaming activities.

Gaming can be a great way to raise funds for your nonprofit. Just make sure you are following all the federal rules and any state rules that apply.

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990 Disclosure, The List and The Credit

Which list? THE list form the IRS that has almost all of the organizations that are at risk of losing their exempt status. But as Guidestar mentions, the list may not be complete:

The IRS warns, however, that nonprofits not on the list may also be in danger of losing their exemptions, particularly:

  • “Subordinates in group rulings for which the parent has not filed a required group return”
  • “Very small section 501(c)(3) public charities not required to file an application for exemption”
  • “Other section 501(c) organizations not required to file an application for exemption.”

Small Business Health Care Tax Credit

How can nonprofit organizations claim this tax credit? The IRS has a pretty decent set of FAQs here that have the rules and examples of how to calculate the credit.

990 Disclosure Rules

Only nonprofits are required to make our tax returns public. The IRS has provided a nice set of Frequently Asked Questions (and answers!) on the disclosure requirements including:

Don’t forget that Guidestar.org has most all of our returns already online and that you can add to the information they have about you and upload more information about your organization.  I encourage all nonprofits to find their information online and to make sure it reflects how they want to present themselves. And if you need any help with your returns, please do let us know.

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Defining Our Terms

A question came through my in-box a while ago and made me realize that I should clarify some terms that I think we hear a lot in nonprofits.  Here is the main part of the email:

When a member joins our nonprofit they are required to provide a membership fee which is refundable in full if they move out of the neighborhood. Because these fees are refundable (i.e., deposits), would they be considered restricted funds?

The short answer is no, and for several reasons. #1 – the monies received were probably not contributions with any donor restrictions on them so would not be restricted funds. #2 – These sound like deposits that they have to hold onto and not spend so they can give them back if need be. That would not be considered income so could not be restricted.

Restricted is a word we hear quite a bit in nonprofits when it comes to money. So is unrestricted, conditional, temporarily restricted among others, and with the above email in mind I thought I would define a few terms.

Restricted — as in restricted income, restricted donations, restricted revenue. The world of nonprofit accounting is made a touch more complex because donors can tell us exactly what they would like us to do with the money they give us. They can restrict the use of the funds for specific purposes. “I like your organization and I want to give you money to operate this program.” That is a restricted donation. Your nonprofit is given money for a purpose that is narrower is scope than your organizations overall purpose. You can ask for restricted donations, “Please help our organization by giving money to support this program.” The donor imposes any restrictions on the funds they give you. If they don’t the donation would be considered unrestricted. Earned revenue is unrestricted. Most government money is unrestricted – they are not giving you any money, they are hiring you to perform a service and will only pay you if you perform the service.

Conditional — not the same as restricted. Conditions are imposed by donors on funds they want to give you. Matching funds are a common example; you’ll get $20,000 if you raise $10,000. Even if you already have the $20,000 sitting in the bank it is not yours (it is in fact a liability — money you owe someone else) until you raise the other $10,000 and satisfy the conditions of the grant.

I’ll do some more terms in later posts but if you have any questions about the above items or have other question, use this form or leave them in the comments section below.

Thanks,

Alan

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More on 990s and Exempt Status

The IRS has released the list of those nonprofit groups that face losing their exempt status because they failed to file their returns for three consecutive years. Organizations who have failed to file for the last three years and were supposed to this year starting in May (which includes groups whose fiscal year ends on December 31) do have until October 15 to file, so if you or an organization you know about are on this list be sure to get in compliance.

Some fun facts about the Washington nonprofits on the list:

  • There are 8,128 nonprofits in the state that will lose their exempt status
  • 427 of those organizations are in Tacoma
  • 198 are in Olympia
  • 1652 are in Seattle
  • 398 are in Spokane

From Grant Thorton comes this helpful info:

There are two types of relief available for small exempt organizations:

  1. File Form 990-N, Electronic Notice (e-Postcard) – small organizations required to file Form 990-N simply need to go to the IRS website, supply the eight information items called for on the form, and electronically file it by Oct. 15.
  2. Voluntary Compliance Program – under the VCP, tax-exempt organizations eligible to file Form 990-EZ must file their delinquent annual information returns by October 15 and pay a compliance fee. Details about the VCP are on the IRS website, along with FAQ’s.

Either of these relief opportunities will bring the organization back into compliance; however, the relief announced is not available to larger organizations required to file the Form 990 or to private foundations that file Form 990-PF.

990 and Exempt Status
The IRS has released the list of those nonprofit groups that face loosing their exempt status because they failed to file their returns for three consecutive years. Organizations who have failed to file for the last three years and were supposed to back in May (which includes groups whose fiscal year ends on December 31) do have until October 15 to file, so if you are on this list be sure to get in compliance.

Some fun facts about the Washington nonprofits on the list:

  • There are 8,128 nonprofits in the state that will loose their exempt status
  • 427 of those organizations are in Tacoma
  • 198 are in Olympia
  • 1652 are in Seattle
  • 398 are in Spokane
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