Non-Profits Archives - Page 2 of 41

Gather information from clients without triggering survey fatigue

Non-Profits|August 15, 2024

To administer productive programs worthy of your not-for-profit’s budget, you need to determine whether they’re meeting clients’ needs. In general, the best way to assess this is by surveying participants. But survey fatigue — frustration or disinterest when asked to take yet another online survey or one that’s overly complicated or takes too long to complete — is a real and growing problem.

Multiple studies have found that survey fatigue results in low response rates as well as inaccurate or low-quality responses from those who do complete them. Survey participants may doubt that your organization will even review their responses or make meaningful changes based on them. Given such challenges, how can you effectively gather client opinions?

Go “old school”

Each encounter with a client is an opportunity to solicit feedback. So while you’ll want to include online surveys with your email newsletters and request feedback on your website and social media platforms, don’t neglect “old school” techniques. Pull aside clients while working in the field or call them on the phone to ask how they’re doing and what, if anything, they’d change about your programs. When you receive verbal feedback, follow up in writing so you have a record of the conversation and can easily share it with others in your organization.

Platforms such as Facebook and Instagram are free and likely frequent destinations for many of your clients. You can use their survey tools to regularly invite viewers to leave comments about your posts — or even ask them to recommend or write a review of your nonprofit. But also provide an email address or SMS number for texts so that clients can contact you directly if they want to discuss issues in depth.

Also keep in mind that, depending on the population you serve (for example, lower-income or elderly people), not all clients may have easy internet access or use social media accounts. You might want to offer them paper surveys, or even an old-fashioned suggestion box.

Show appreciation and act

Thank your clients for every communication and, when possible, let them know how you’re using their feedback to address shortcomings and make improvements. In some cases, you may want to schedule one-on-one meetings or focus groups where you can discuss plans in greater detail and let clients know how valuable they are to the decision-making process.

Also be sure to follow up on any problems surveys unearth. For example, if clients complain about staffers acting unprofessionally or hint at potential legal issues (such as fraud or discrimination), investigate and address those issues immediately. You should also consult your nonprofit’s attorney if surveys uncover any potential legal problems.

Deliver superior outcomes

Ultimately, gathering meaningful feedback from clients and acting on it allows you to fund programs that deliver superior outcomes. Online surveys can be useful, but keep in mind that you may get better and more insightful feedback by talking to clients one-on-one. Contact us if you have questions about budgeting and spending.

Thinking ahead to your next Form 990

Non-Profits|August 6, 2024

The deadline for most not-for-profits to file Form 990 with the IRS (May 15, 2024) has come and gone. Assuming your organization operates on a calendar-year tax basis and filed its Form 990 on time, you probably don’t want to think about tax reporting again until next spring. However, it’s important to keep your future Form 990 in mind as your organization carries out its programs and events this year.

4 overlooked issues

You’re probably already alert to issues such as unrelated business income and the risks potentially posed by political participation, excess benefit transactions and excessive compensation (and the need to report some of them). But you may not be paying as much attention to the following four:

1. Fundraising expenses. Your not-for-profit must report its income from fundraising activities, as well as its expenses, on Schedule G of Form 990. The IRS is always on the lookout for events that produce a relatively small amount of income compared with claimed expenses. In such situations, make sure you keep good records to withstand any potential IRS challenge.

2. Operations abroad. Nonprofits are permitted to operate outside the United States without penalty. But your organization is required to answer questions on Form 990 relating to foreign bank accounts, activities in foreign countries and grants by foreign entities. The IRS will likely ratchet up its scrutiny if it finds inconsistencies or evidence of activities that don’t measure up to U.S. standards. If you operate abroad, professional tax advice is essential.

3. Diverted assets. Form 990 asks whether there has been any “diversion” of assets during the past year. Essentially, “diversion” means that funds have been misappropriated for personal reasons. If you answer “yes” to this question, you’ll need to provide a detailed explanation of the diversion and its resolution. However, even if you’ve provided a plausible explanation, a “yes” answer to this question may lead to an IRS audit. If you fail to attach an explanation, your audit exposure increases exponentially. To avoid the issue altogether, take every step (including implementing robust internal controls) to prevent fraud and other illegal asset diversions.

4. Loans to disqualified persons. Generally, loans from a tax-exempt organization to a disqualified person are prohibited on the state level. Form 990 asks if your nonprofit has made such loans. In the event your nonprofit has made a prohibited loan, your Form 990 will need to reflect a declining balance. Otherwise, it may look as though the loan isn’t being paid off in time — a certain red flag for the IRS. Again, if you don’t allow this activity, you won’t have anything to report.

Of course, if you engage a professional tax advisor to prepare your Form 990, your advisor will ask about all these subjects to ensure your organization properly reports its activities. But you can help your nonprofit minimize audit risk by keeping possible pitfalls top of mind.

Why private foundations need to avoid self-dealing

Non-Profits |July 25, 2024

If you’re a leader of a private foundation, you’re probably aware of the prohibition against self-dealing transactions between foundations and “disqualified persons.” But what constitutes self-dealing? And who exactly counts as disqualified in this context? It’s important for you to know because financial repercussions for violating the rules can be severe.

Who is disqualified?

The IRS defines disqualified persons as substantial contributors (generally, large donors), foundation managers, owners of more than 20% of certain organizations that are substantial contributors and family members of any of these.

Also disqualified are corporations or partnerships in which any of the previously listed parties hold more than 35% voting power and trusts or estates in which they hold more than a 35% beneficial interest. In addition, persons effectively in control of a foundation are disqualified, as are government officials.

What are they prohibited from doing?

In general, a disqualified person can’t participate in acts of “self-dealing.” According to the IRS, these include selling, exchanging or leasing the foundation’s property. Lending money or extending credit to the foundation as well as furnishing it with goods, services or facilities are also off-limits.

Foundations aren’t allowed to pay compensation or expenses to a disqualified person. Nor can they allow the transfer or use of the foundation’s income or assets by or for the benefit of disqualified persons. Certain payments to government officials and transactions between organizations controlled by a private foundation may also be taxable self-dealing.

What happens if the rules are violated?

Internal Revenue Code Section 4941 imposes a minimum 10% excise tax on most disqualified persons on the amount involved in each self-dealing transaction. Foundation managers — officers, directors or trustees — who knowingly participate in acts of self-dealing face a 5% tax on the amount involved. Notably, participation on the part of foundation managers includes not only affirmative acts, but also silence or inaction where they have a duty to speak or act.

If a violation isn’t corrected, the tax on a self-dealing transaction on disqualified persons other than foundation managers soars to 200%. When this extra tax is imposed, an excise tax of 50% of the amount involved is also imposed on any foundation manager who refuses to agree to part or all of the correction of the self-dealing act.

Are there exceptions?

There are some exceptions to these rules. For example, compensation paid to disqualified persons isn’t an act of self-dealing if the payments are for reasonable and necessary services to carry on the foundation’s exempt purposes. However, you shouldn’t count on self-dealing to be allowed or forgiven.

Are your volunteers risking legal and tax liability?

Non-Profits |July 2, 2024

Comprehensive risk management is one of the primary responsibilities of not-for-profit leaders. You probably regularly consider and act to mitigate risk to your facilities and assets and your staffers and clients. What about your volunteers? Even though the federal Volunteer Protection Act of 1997 provides some protection, volunteers face the real risk of being sued for actions while working for your organization. They also can become subject to tax liabilities.

State by state

The Volunteer Protection Act offers some degree of defense for volunteers acting within the scope of their responsibilities. And many states have passed similar laws to shield volunteers. But liability can vary significantly from state to state, with different limits, conditions and exceptions such as broad coverage in the absence of willful or wanton misconduct vs. coverage only if the nonprofit expressly assumes liability for claims in its articles of incorporation.

Volunteer protection laws, however, don’t preempt the need for your nonprofit to buy appropriate insurance coverage. In fact, some state laws explicitly require nonprofits to carry insurance to limit volunteer liability.

Insurance coverage

To minimize risk, your organization should carry general liability insurance that specifically covers volunteers, as well as directors and officers liability insurance. If volunteers will operate vehicles for your organization, check whether your auto insurance covers them. Larger organizations might consider amending their bylaws to include a broad indemnification clause for volunteers when the claims against them exceed insurance limits.

Also consider implementing processes and procedures to control the risks of harm or injury caused by volunteers. For instance, devote time upfront to screen and train volunteers appropriately and restrict certain client-facing activities to paid staffers.

Inadvertent taxable income

Another risk is that federal or state taxing authorities might come after your volunteers because of their activities. For example, your nonprofit could inadvertently create taxable income for volunteers if it provides them with benefits such as services or compensation beyond reimbursements for actual out-of-pocket expenses incurred. In fact, reimbursements that exceed actual expenses are taxable.

If your volunteers sometimes need to cover costs with their own money that you subsequently reimburse, inform them beforehand — in writing and verbally — that they must provide receipts of their spending on your organization’s behalf. This may seem burdensome to people just trying to do some good, so explain that it’s for both your and their protection.

Protecting everyone

Volunteer risk varies by nonprofit. But it’s particularly significant with nonprofits that provide medical services or work with vulnerable populations. Even such simple tasks as driving can result in litigation. So make sure your hardworking volunteers aren’t a risk to themselves or to your nonprofit’s important mission. Consult an attorney for any legal advice.

Nonprofits: Act thoroughly on audit findings

Non-Profits|June 20, 2024

External audits can help assure your not-for-profit’s stakeholders that your financial statements are fairly presented according to U.S. Generally Accepted Accounting Principles. They can also help prevent occupational fraud. Often, audit reports contain recommendations for organizations to act on. And if you fail to make changes that respond to risks or concerns discovered in an audit, it could threaten your nonprofit’s future.

Discuss the report

When auditors complete an engagement, they typically present a draft report to their subject’s audit committee, executive director and senior financial staff. Those individuals need to review the draft before it’s presented to their full board of directors.

Your audit committee and management should meet with auditors before their board presentation. Often auditors provide a management letter highlighting operational areas and controls that need improvement. Your team should explain how your organization plans to improve operations and controls, and this explanation can be included in the report’s final management letter.

Your audit committee also can use the meeting to ensure the audit is properly comprehensive. Auditors will provide a governance letter, which should confirm cooperation from your nonprofit’s staff and whether the auditors received all requested documentation. The letter also will disclose any difficulties or limitations encountered during the process, accounting adjustments required, and significant audit plan changes (and the reasons for such changes).

Finally, the auditors will list any unresolved matters. Your audit committee should determine whether there were any conflicts of interest between the auditors and your team and how they might have affected the audit’s scope.

Taking next steps

The final audit report will state whether your organization’s financial statements are fairly presented in accordance with U.S. Generally Accepted Accounting Principles. The statements must be presented without any material — meaning significant — inaccuracies or misrepresentation.

As noted above, the auditors also may identify, in a separate management letter, specific concerns about material internal control issues. Adequate internal controls are critical for preventing, catching and remedying misstatements that could compromise the integrity of financial statements, whether due to error or fraud.

If the auditors find your internal controls weak, your organization must promptly shore them up. You could, for instance, set up new controls, such as segregating financial duties or implementing new accounting practices or software. These measures can reduce the odds of fraud, improve the accuracy of your financial statements and help reduce future audit costs.

Make your audit effective

Audit reports are only as effective as their reception — and the action subject organizations take in response to their findings. Contact us for help implementing new internal controls and addressing other issues.

Disaster relief charities: Know the rules before providing aid

Non-Profits|June 4, 2024

The United States is entering the most natural-disaster-prone time of the year. Tornadoes are most likely to occur in May, and the Atlantic hurricane season starts on June 1. Not-for-profits that provide aid to disaster victims — whether it’s medical care, food, clothing, shelter, cash or rebuilding assistance — are gearing up for potential emergencies. But if your organization operates in this space, know that when dispensing aid you must observe certain IRS rules.

Defining charitable activities

Disaster relief organizations are allowed to provide short-term emergency assistance and long-term aid to help ensure victims have necessities. Relief may also come in the form of cash grants or vouchers. Providing such relief to individuals qualifies as a charitable activity because it aims to relieve human suffering.

However, your nonprofit must assist a “charitable class.” A charitable class should be either large enough that the potential beneficiaries can’t be individually identified or sufficiently indefinite that the community as a whole, rather than a pre-selected group of people, benefits. In addition, you must apply needs-based tests, meaning you can’t distribute aid to individuals just because they’re disaster victims. Decisions about how funds will be distributed must be based on an objective evaluation of needs at the time grants are made.

But practicality and sympathy for victims’ immediate plight can be considered. For example, take a charity that distributes blankets and hot meals to natural disaster victims. In the immediate aftermath of a storm, the charity doesn’t ask victims for proof of financial need. However, as time goes on and victims and their community begin to recover, it may be appropriate to conduct individual financial needs assessments.

Aiding businesses

In addition to helping individuals, your charity generally can provide disaster aid to businesses, so long as two conditions are met:

1. Assistance must be reasonably related to the accomplishment of a tax-exempt purpose. Businesses aren’t members of a charitable class and can’t, therefore, be appropriate charitable objects. However, distributing aid to them can achieve charitable purposes, such as preventing community deterioration or reducing the burden on local government.

2. Any private benefit to businesses must be incidental. An eligible business might not have adequate resources, conventional financing or insurance coverage that would enable it to recover from a disaster. Disaster aid organizations also need to determine that businesses they assist wouldn’t be able to remain in the community without their intervention.

Maintaining records

To prove your organization’s compliance with IRS rules, maintain good records. Document amounts paid, the purpose of payments and evidence that payments were made to meet charitable purposes and victims’ needs. In addition, document:

Your organization’s objective criteria for disbursing assistance,
How specific recipients were selected,
Names and addresses of recipients and the amounts supplied to them,
Any relationship between recipients and your charity’s officers, directors, key employees or substantial donors, and
The composition of the selection committee approving assistance.

Note an exception: Organizations distributing short-term emergency assistance aren’t expected to record the names, addresses and amounts provided. Instead, document the date, place and estimated number of victims assisted.

Other rules may apply

There are other IRS rules that might apply to your nonprofit’s situation. Contact us if you have questions about complying with rules for tax-exempt organizations.

Nonprofits don’t lose as much to fraud, but risk requires action

Non-Profits|May 23, 2024

According to the Association of Certified Fraud Examiners’ (ACFE’s) Occupational Fraud 2024: A Report to the Nations, not-for-profits suffer roughly half the median loss per fraud scheme of for-profit businesses and government entities — $76,000 vs. $150,000. That may sound like good news, except for the fact that most nonprofits are on tight budgets and can’t afford to lose anything. To help keep your nonprofit’s losses at $0, you need to establish and enforce compliance with internal controls that directly address your organization’s risks.

Stakeholder training

The 2024 ACFE report contains what should be an alarming stat for nonprofits: Nonprofits have the lowest implementation rate of fraud awareness training — 52% for staffers and 49% for management (vs. 82% and 81%, respectively, for public companies). According to the ACFE, organizations without fraud awareness training suffer two times the financial losses of organizations with it.

So make sure you include fraud prevention and reporting instruction in your orientation of new staffers and executives, as well as volunteers with financial responsibilities. Also provide periodic refreshers for existing employees. Tips that fraud may be occurring are twice as likely to come from trained staffers than untrained staffers.

To boost potential reporting, ensure that all stakeholders — including clients and vendors — know how to report fraud suspicions. The existence of an anonymous tipline or web portal is associated with a 50% reduction in the cost and duration of fraud schemes.

Financial statement reviews

Nonprofit boards or audit committees typically review financial statements annually or semi-annually. However, the longer fraud goes undetected, the greater the financial loss for the victim organization. Therefore, your organization’s leaders should review financial statements at least quarterly, if not monthly.

Board members should also receive regular budget reports that show variances between budget and actual figures, because significant variations can indicate potential fraud. Indeed, with strong management reviews in place, organizations reduce financial losses from fraud by a median 60%, says the ACFE.

Segregation of duties

Almost all types of organizations benefit from a segregation of duties. This means that no individual should have control over more than one phase of a financial transaction or function. Staffers or board members with access to assets shouldn’t be responsible for accounting for those assets. Nor should an individual have the ability to both initiate and approve a transaction, such as paying a vendor invoice. Don’t let individuals who receive checks also deposit them. Finally, don’t allow anyone who writes checks to also reconcile monthly bank statements.

Segregation of duties can be challenging for nonprofits with few staff or those that have shifted to remote work arrangements. If accounting staffers primarily fulfill these roles, try assigning some duties to board members or consider outsourcing functions such as payroll and accounts payable. Also consider using cloud solutions to overcome hurdles related to employees working remotely.

Other controls

Credit cards have become increasingly common in nonprofits — but they come with the risk of unauthorized usage. If you give credit cards to staffers, board members or volunteers, limit the number of cards in use. Also require a receipt for each purchase (along with documentation of the business purpose). Someone who isn’t an authorized card user should scrutinize card statements and supporting documentation every month for unusual or questionable activity.

Another internal control that can reap real benefits is a mandatory vacation policy (generally associated with a 23% reduction in losses). Required time off helps prevent would-be fraudsters from hiding their schemes from colleagues. Not surprisingly, an unwillingness to share duties or take vacation are some of the most common red flags for fraud.

Evolving threats

Depending on your organization’s size, mission and other factors, you may have other or new threats that should be addressed by internal controls. For example, have you recently reduced your workforce and turned more tasks over to volunteers? Do you have a big fundraising event coming up? These can increase fraud risk. Contact us to discuss your needs.

Building a better nonprofit: Rules for restructuring

Non-Profits|May 9, 2024

There are many reasons why a 501(c) tax-exempt organization might consider restructuring. For example, a financially struggling nonprofit might decide to join forces with another organization to cut costs and share resources. Or a nonprofit might decide to change its state of organization. Such changes generally qualify for a simplified restructuring process. However, it’s important to follow certain steps.

An easier process

Tax-exempt organizations making certain changes to their structure used to be required to file a new exemption application — and create a new legal entity. But IRS Revenue Procedure 2018-15 changed the rules regarding nonprofit restructuring. Now, in many cases, nonprofits can simply report a restructuring on their Form 990. To be eligible for this simpler process, your restructuring must satisfy certain conditions:

First, your organization must be a U.S. corporation or an unincorporated association; be tax exempt as a 501(c) organization; and be in good standing in the jurisdiction where it was incorporated (or, in the case of an unincorporated association, where it was formed).

Second, your restructuring must involve one of the following:

Changing from an unincorporated association to a corporation,
Reincorporating a corporation under the laws of another state after dissolving in the original state,
Filing articles of domestication to transfer a corporation to a new state without dissolving in the original state, or
Merging a corporation with or into another corporation.

Your “surviving” organization is required to carry out the same exempt purpose that the original did. Its new articles of incorporation must continue to satisfy the IRS’s organizational test.

When the rules don’t apply

There are some additional limitations to using Form 990 to report a restructuring. For example, the new rules don’t apply if your surviving organization is a “disregarded entity,” limited liability company (LLC), partnership or foreign business entity.

Also, surviving organizations still have reporting obligations — for instance, to report the restructuring on any required Form 990 for the applicable tax year. And these rules apply only to federal income tax exemptions. Your state’s laws could require you to file a new exemption application.

Will you qualify?

Even though nonprofit restructuring can be straightforward, you should talk to your tax advisors before making a move. It’s possible your plans won’t qualify under Rev. Proc. 2018-15 and that you’ll need to apply for a new exemption and clear other hurdles. Contact us for guidance.

Board committees can help members make time for critical work

Non-Profits|April 30, 2024

For many not-for-profit organizations, maintaining a full and active board of directors is challenging. If your board holds frequent meetings, has high attendance expectations and requires members to do considerable “homework,” you may have trouble recruiting and retaining people. Qualified individuals generally are busy with work, family and other activities and may not have spare time to dedicate to all the duties expected of board members. But if you segment responsibilities into committees, you can help ease the burden on board members — and retain them longer. Committee work has other benefits as well.

Reduced workload and increased investment

A common and effective way to segregate board responsibilities is by function, such as finance, fundraising and governance. In addition to potentially reducing board member workload, committee work enables members with specific talents or expertise (for example, financial, legal, marketing and IT) to dig in and directly apply those skills. If you want to upgrade your nonprofit’s IT network, why not turn the task over to a technology committee of members who can use their experience and knowledge to research and select new hardware and software?

Dividing board work into committees can help you recruit new members as well. For example, an otherwise reluctant physician may be encouraged to join a nonprofit hospital board if one of the committees is working to introduce protocols the doctor advocates. Committees can also help orient new members — allowing them to work closely with committee mentors and become invested in your organization’s activities.

Work of a dedicated group

For an example of how you can make the most of committee work, let’s look at a board member nominating committee. Nominating committees usually assess board membership needs, collect candidate names, interview prospective members and make recommendations.

To help in recruiting, the committee might prepare a summary for prospective candidates that briefs them on such topics as your organization’s mission and key programs, its history and evolution, and board member duties and possible committee assignments. After interested candidates have had the opportunity to review the summary, committee members can offer to answer questions or clarify points. If candidates wish to proceed, the members can arrange interviews with the full committee or with individual committee members. The committee then can recommend the best candidates to the full board for a vote.

This process enables board members who are particularly interested in recruiting to fully immerse themselves. At the same time, those board members whose interests lie elsewhere can avoid the long hours involved in searching for new members.

Permanent and ad-hoc

Although some committees may become permanent fixtures to your board (such as executive, finance and nominating), you can also set up temporary, ad-hoc committees. For instance, if you’re planning to build a new facility, you might establish a committee to oversee the project from site selection to opening day. Contact us for more information — or, possibly, if you’re looking for a board member with accounting expertise.

Making the most of your nonprofit’s social media accounts

Non-Profits|April 25, 2024

When’s the last time you evaluated your not-for-profit’s social media strategy? Are you using the right platforms in the most effective way, given your mission, audience and staffing resources? Do you have controls to protect your nonprofit from reputation-damaging content?

These are important questions — and it’s critical you review them regularly. At the very least, you need a social media policy that sets some ground rules.

Annual reviews

As you know, the social media landscape changes quickly. The platform that’s hot today may be decidedly not hot tomorrow. So review your online presence at least once a year to help ensure you’re dedicating resources to the right spaces. Most nonprofits maintain a presence on Facebook and LinkedIn because that’s where likely donors tend to be. But if you’re an arts nonprofit or visually oriented, Instagram may be a better venue. And if your constituents are teenagers or young adults, you’re most likely to find them on TikTok.

In general, fresher, frequently updated accounts get more traffic and engagement. So try not to overextend your organization by posting on multiple platforms with only limited staff resources. Determine where you’ll get the most bang for your buck by surveying supporters and observing where peer nonprofits post.

Content monitoring

Social media is 24/7, and incidents can escalate quickly. So closely monitor your accounts, as well as conversations that refer to your nonprofit. A “social listening” tool that scans the web for your nonprofit’s name can be extremely helpful.

But the best defense against reputation-busting events is a formal social media policy. Your policy should set clear boundaries about the types of material that are and aren’t permissible on your nonprofit’s official accounts and those of staffers.

For example, it should prohibit employees, board members and volunteers from discussing nonpublic information about your organization on their personal accounts. With organizational accounts, limit access to passwords and regularly check posts and comments. Content from your feeds can easily go viral and create controversy. Make sure your staff knows when to engage with visitors, particularly difficult ones, and maintains a zero-tolerance policy for offensive comments.

Crisis plan

Mistakes, or even intentionally damaging posts, can occur despite comprehensive policies. Create a formal response plan so you’ll be able to weather such events. The plan should assign responsibilities and include contact information for multiple spokespersons, such as your executive director and board president. Identify specific triggers and a menu of potential responses, such as issuing a press release or bringing in a crisis management expert. Be sure to include IP staffers or consultants on your list.

Hopefully, a crisis won’t occur. But if it does, you’ll want to sit down and review your plan’s effectiveness after the situation has been resolved.

Select and protect

These days, no nonprofit can afford to ignore social media. Just make sure you’re applying your time and effort to the right platforms and protecting your accounts from those who would harm your organization.

Gather information from clients without triggering survey fatigue

Thinking ahead to your next Form 990

Why private foundations need to avoid self-dealing

Are your volunteers risking legal and tax liability?

Nonprofits: Act thoroughly on audit findings

Disaster relief charities: Know the rules before providing aid

Nonprofits don’t lose as much to fraud, but risk requires action

Building a better nonprofit: Rules for restructuring

Board committees can help members make time for critical work

Making the most of your nonprofit’s social media accounts

Our Services

Our Industry Expertise

Hunt Valley Office

Bel Air Office

Elkton Office

Latest Tweets