By Bruce R. Hopkins
Nuts-and-bolts suggestions at the legislation, principles, and rules governing the nonprofit sector—from prime nonprofit legislations professional, Bruce R. Hopkins
Nonprofits needs to conform to stringent federal and country legislation as a result of their designated tax-exempt prestige; the government's final possibility is revocation of a nonprofit's tax-exempt prestige, which generally capacity the nonprofit's loss of life. Written in undeniable English, no longer "legalese," Starting and handling a Nonprofit association: A felony advisor, 6th Edition, offers crucial assistance for these drawn to beginning nonprofits, in addition to priceless recommendation for leaders of verified organizations.• Revised and extended to incorporate up to date details on adjustments in legislation, principles, and rules governing the nonprofit sector
• Covers federal tax legislation, nonprofit, governance, the yearly info go back (Form 990), charitable giving ideas, and present IRS ruling policy
• offers crucial, sensible criminal details in easy-to-understand English
• Explains the functions and implications of company, tax, and fundraising legislation for nonprofits
This easy-to-read source includes crucial info on almost each criminal point of beginning and working a nonprofit association from receiving and conserving tax-exempt prestige to counsel for profitable administration practices.
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Extra info for Starting and Managing a Nonprofit Organization: A Legal Guide (6th Edition)
MYTH 16: ALL LAWYERS AND ACCOUNTANTS ARE COMPETENT TO REPRESENT A NONPROFIT ORGANIZATION As society becomes more complex and as ﬁelds of practice become correspondingly more specialized, this statement is becoming more and more a myth. A lawyer, for example, may be an excellent practitioner in the ﬁeld of labor law, securities law, patent law, admiralty law, or domestic relations law, but that does not mean that he or she is competent to represent a nonproﬁt organization. Even a corporate or tax lawyer may not have the requisite expertise.
A charity cannot engage in political campaign activities without loss of its tax-exempt status (and eligibility to receive deductible contributions), but it can engage in certain types of political activities. This practice may trigger a tax—but not loss of exemption. Also, a charity can use a political action committee to engage in political activities that are not political campaign activities. ) MYTH 12: ONLY THE STATES REGULATE THE PROCESS OF FUNDRAISING BY CHARITABLE ORGANIZATIONS This is not true.
For-proﬁt organizations distribute their proﬁts to their owners; in a for-proﬁt corporation, dividends are paid to stockholders. This is why the fundamental legal distinction between the two types of entities is the doctrine of private inurement. ) MYTH 3: AN ORGANIZATION MUST BE INCORPORATED TO BE TAX-EXEMPT In general, this is not the law. As discussed in Chapter 2, a tax-exempt organization generally may take one of three forms. Incorporation may be (and usually is) desirable, but generally it is not mandatory.
Starting and Managing a Nonprofit Organization: A Legal Guide (6th Edition) by Bruce R. Hopkins