Sunday, January 27, 2008

Nonprofit Law Podcast #29: Unrelated Business Income

Unrelated Business Income


Download: Nonprofit Law Podcast #29 (mp3, 9:41)

Shownotes

Intro

Tim Mooney… Welcome to the Nonprofit Law Podcast
Your guide to the laws impacting nonprofits.
Shownotes…. nplawcast.com
Email the show

News & Notes
Welcome Blue Oregon readers
Sign up for the free NLP newsletter... every week get the shownotes and resources sent to you by email, plus get additional free content on the laws impacting nonprofits. Go to nplawcast.com/newsletter for more info and to sign up.
Nonprofits and New Media: Legal Rules for using the Internet, Podcasts and Social Networks is available.
Next Beyond the Podcast offering: Nonprofits and Elections: Balancing Personal Activity versus Organizational Activity. Available on January 31st for newsletter subscribers who will receive a discount through February 10th when it will be released to the rest of the listenership.
Nonprofits and New Media: Legal Rules for using the Internet, Podcasts and Social Networks is available.
Check out the poll at the bottom of the Beyond the Podcast page at nplawcast.com and give your input on what topics you'd like covered in the some of the next BTP offerings.

Unrelated Business Income
- Listener suggestion: issues regarding the parking garage run by a nonprofit - is it subject to taxation?
- Any income an organization receives from a regular trade or business that is not substantially related to the organization's exempt purposes.
- trade or business can be a small part of overall work (i.e. NYU and Mueller Spaghetti)
- regularly carried on: has a frequency (not a one-shot)
- substantially related - if the sales don't somehow advance the exempt purposes of the organization
- IRS uses facts and circumstances analysis
- Affects most 501(c) organizations
- Subjects them to a tax - "UBIT"
- New rule: organizations have to make their UBIT returns (Form 990T) available to the public!
- Examples
- membership list sales: UBIT
- pet boarding by an anti-cruelty org: UBIT
- art museum gift cards with art: not UBI
- newsletters/magazines: can go either way (depends on whether the articles cover the exempt purpose)

Resources
IRS: Publication 598 (PDF - newly updated)
IRS: UBI defined
BoardSource: What is UBIT?

Closing

Email me with questions and suggested topics
Need more than the podcast? Tim-Mooney.com and Beyond the Podcast at nplawcast.com
nplawcast.com

This podcast provides general information about legal topics but it is not a complete discussion of all legal issues that arise in relation to nonprofits nor is it a substitute for legal advice. This podcast does not create an attorney-client relationship. This is general legal information and the contributors make no warranties regarding the general legal information provided in this podcast , and disclaim liability for damages resulting from its use to the fullest extent permitted by the applicable law

Sunday, January 20, 2008

Nonprofit Law Podcast #28: Nonprofit Mail Rates

Nonprofit Mail Rates


Download: Nonprofit Law Podcast #28 (mp3, 8:48)

Shownotes

Intro

Tim Mooney… Welcome to the Nonprofit Law Podcast
Your guide to the laws impacting nonprofits.
Shownotes…. nplawcast.com
Email the show

News & Notes
Sign up for the free NLP newsletter... every week get the shownotes and resources sent to you by email, plus get additional free content on the laws impacting nonprofits. Go to nplawcast.com/newsletter for more info and to sign up.
Nonprofits and New Media: Legal Rules for using the Internet, Podcasts and Social Networks is available. Early reviews are great, and I'm glad it's been well-recieved. Check out the poll at the bottom of the Beyond the Podcast page at nplawcast.com and give your input on what topics you'd like covered in the some of the next BTP offerings. I'll announce the next BTP topic next show.

Nonprofit Mailing Rates
- Why would you want it? Cheap mailings - 40% of standard mail rates
- Who qualifies? Mainly (c)(3)s and some very limited political committees (i.e. official Dem and GOP committees) - but qualified orgs do not have to be 501(c)(3)s
- How to apply -
,
Application to Mail at Nonprofit Standard Rate
- Determination letter, supporting docs of activity

- Financial statements, etc.
- Not an insignificant form
- Congrats - you're approved... now what?
- What can be mailed is strictly controlled
- Off limits
- Certain advertisements
- Mailing other org's mail (that includes affiliated (c)(4)s and 527s!)
- Mailing without identifying marks
- Make sure you mail at least once every 2 years (200 pieces or 50 lbs)
- Story time... the Portland Post Office vs. a suburban Minneapolis Post Office

Resources
USPS: NetPost Mailing Online - Nonprofit FAQs
USPS:
,
Application to Mail at Nonprofit Standard Rate
(PDF)


Closing

Email me with questions and suggested topics
Need more than the podcast? Tim-Mooney.com and Beyond the Podcast at nplawcast.com
nplawcast.com

This podcast provides general information about legal topics but it is not a complete discussion of all legal issues that arise in relation to nonprofits nor is it a substitute for legal advice. This podcast does not create an attorney-client relationship. This is general legal information and the contributors make no warranties regarding the general legal information provided in this podcast , and disclaim liability for damages resulting from its use to the fullest extent permitted by the applicable law.

Sunday, January 13, 2008

Nonprofit Law Podcast #27: Reporting changes to the IRS

Reporting changes to the IRS


Download: Nonprofit Law Podcast #27 (mp3, 6:19)

Shownotes

Intro

Tim Mooney… Welcome to the Nonprofit Law Podcast
Your guide to the laws impacting nonprofits.
Shownotes…. nplawcast.com
Email the show

News & Notes
Sign up for the free NLP newsletter... every week get the shownotes and resources sent to you by email, plus get additional free content on the laws impacting nonprofits. Go to nplawcast.com/newsletter for more info and to sign up.
Nonprofits and New Media: Legal Rules for using the Internet, Podcasts and Social Networks is available. Early reviews are great, and I'm glad it's been well-recieved. Check out the poll at the bottom of the Beyond the Podcast page at nplawcast.com and give your input on what topics you'd like covered in the some of the next BTP offerings.

New Year, New Changes?
A lot of nonprofits consider making changes to their organization - new offerings, new services, new board members... even new addresses
How do you handle letting the IRS know about these things?
Form 990 - your annual return generally contains places in the form to include any of the ordinary changes that happen with nonprofits
new address, new board members, new officers, etc.
What about bigger changes
In some instances, bigger changes require more information to supplement the 990 - for instance, if your nonprofit reincorporates, you would need to attach the new articles of incorporation to the Form 990
What about super-big changes?
If your nonprofit is changing its services or mission dramatically, it might require additional action
Private Letter Ruling - a lengthy process with the IRS asking for specific advice on a specific matter. Get a lawyer!
Another 1023 - sometimes the changes are so big that you might as well be a new organization (i.e. a totally different exempt purpose than the one you applied for recognition in the first place)
This would be due to big changes... going from private foundation to public charity, or nonrelgious organization to a religious one that is exempt from filing 990s, etc.

Resources
Exempt Organizations - Reporting Changes to IRS
Private Letter Rulings and Determination Letters

Closing

Email me with questions and suggested topics
Need more than the podcast? Tim-Mooney.com and Beyond the Podcast at nplawcast.com
nplawcast.com

This podcast provides general information about legal topics but it is not a complete discussion of all legal issues that arise in relation to nonprofits nor is it a substitute for legal advice. This podcast does not create an attorney-client relationship. This is general legal information and the contributors make no warranties regarding the general legal information provided in this podcast , and disclaim liability for damages resulting from its use to the fullest extent permitted by the applicable law.