Since the original COVID-19 lockdowns, many not-for-profits have allowed their staffers to work from home — or work a hybrid schedule that puts them onsite only part time. This can leave a lot of office space unused. Depending on your nonprofit’s current lease, it may be more cost-effective to downsize or seriously consider other options.

Relocate work

As many organizations learned during the pandemic, when equipped with reliable Wi-Fi, quality devices and necessary software, employees in a variety of roles can perform their jobs from home. If many of your employees are working at least part-time from home, a smaller office space could be to your advantage.

A move to a more desirable location, might make sense. Consider where your clients, staffers and volunteers live. Do those who spend time in your office have long commutes? Does your current space offer the amenities you need and want? Is it cheaper to relocate to a less expensive building or geographic area? In many regions, high vacancy rates are driving down commercial rents, and you may now be able to afford a better space — particularly if you’re looking for an office with a smaller footprint.

But you may wonder how downsizing would affect productivity if all or most of your employees and volunteers ever need to use the office at the same time. For example, a natural disaster could lead to a sudden surge in demand for your nonprofit’s services. Even if a surge is a possibility, it’s a good idea to at least look at how your organization is using the space it leases and how it might use it better.

Renegotiate your current lease

One of your best opportunities in today’s environment may be to strike a better deal with your current building’s owner. Read your lease carefully and find out whether any of the owner’s other tenants have successfully negotiated better lease terms. Also check out the occupancy rate for similar properties in your area to get a feel for how eager the owner might be to keep you as a tenant.

If property owners in your area are struggling to keep tenants, consider requesting an amended lease with a reduced rent and no strings attached. Or you might agree to extend your lease, but with reduced rent. Another option is to pay the contracted rent if the owner agrees to foot some or all of the bill for improvements to the space. Finally, the owner may allow you to sublease some of your space (if this isn’t already an option).

Reduce expenses

Leasing office (or other facility) space is likely one of the biggest line items in your nonprofit’s budget. Now is a great time to see if you can reduce this expense, or at least get more for your money. Contact us for help finding other rental cost efficiencies.

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Despite recent accusations that the IRS targets certain types of tax-exempt organizations for audit, not-for-profit audits generally are rare. That’s because most nonprofits owe no or very little tax. However, as the IRS receives funding as part of the Inflation Reduction Act, it’s expected to hire new agents for all divisions, including the Tax Exempt and Government Entities Division. So nonprofit compliance checks and audits potentially could become more common.

What should you do if your nonprofit hears from the IRS?

Initial letter and call

If your organization is chosen, most likely it will be subject to a correspondence (not an in-person) audit. An IRS agent will send you — and, if applicable, anyone with a power of attorney — contact letters via the U.S. Postal Service. The agent will then wait at least 10 business days before making phone contact.

The initial phone call will include discussion of the issue (or issues) being examined, for example, an incomplete Form 990 or a complaint the IRS received about your nonprofit. The agent will ask you to provide items listed on an Information Document Request (IDR), such as:

• Filed Form 990s and other tax documents,
• Payroll tax records,
• Records of transactions with donors or business partners, and
• Unrelated business income documents.

The phone discussion may lead the IRS auditor to modify the IDR before sending it to you. If the request seeks more than one item, the auditor will group the items on a single IDR.

Communicate and meet deadlines

Before the auditor sends the IDR, you and the auditor should agree on the deadline for your response. If you can’t agree on a date, the auditor will assign one.

The IDR also will identify the date that the auditor plans to review your responses for completeness. Deliver everything by the deadline. If the auditor determines your response is complete, you’ll be informed by phone. If, on the other hand, the auditor decides your response isn’t complete — or if you didn’t respond — you might be granted one or more extensions to comply.

If upon reviewing the IDR documents, the IRS decides you’re in compliance, the agent will contact you via phone and mail you a closing letter. Otherwise, the auditor will propose a tax adjustment, tax status change or even a revocation of tax-exempt status. If you agree to the proposal, you can typically close your case by fulfilling any requirements. Or you can request an appeal with the IRS or via the court system.

Get help if you need it

If your nonprofit is audited, comply with all requests on time and remain calm and professional when talking with IRS agents. If you need assistance communicating with the agency or assembling information and documentation, we can help. Or contact us with your questions about best practices for avoiding an IRS audit.

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Unless 501(c)(3) organizations prove they’re publicly supported, the IRS assumes they’re private foundations. The distinction is important, because publicly supported charities enjoy higher tax-deductible donation limits and generally are exempt from excise taxes and related penalties.

The tax code recognizes several types of publicly supported organizations, but most 501(c)(3) charities fall into one of two categories. The first, Sec. 509(a)(1) organizations, primarily rely on donations from the general public, governmental units and other public charities. The second category, Sec. 509(a)(2) organizations, have significant program revenue. The IRS has established tests for each type of organization. If your nonprofit doesn’t pass the 509(a)(1) test, it may qualify under Sec. 509(a)(2).

First test

The Sec. 509(a)(1) test requires that:

1. You have at least one third of your total support from the public, governmental agencies or other public charities, or
2. You have at least 10% of your total support from such sources and that the “facts and circumstances” indicate you’re a publicly supported organization.

Several facts and circumstances help determine whether your organization is publicly supported — for example, whether you have actual sources of support above the 10% threshold, answer to a representative governing body and serve the general public on a continuing basis. Such tests measure public support over a five-year period, including the current and four prior tax years.

The public support percentage excludes certain types of contributions, program revenue fees from related activities, unrelated business income, investment income and “unusual grants.” Net income from unrelated activities and gross investment returns are included in total support, though unusual grants aren’t.

Second test

Under the Sec. 509(a)(2) test, your organization must receive at least one-third of its support from contributions from the public and gross receipts from activities related to its tax-exempt purpose. No more than one-third of its support may be from investment income and unrelated business taxable income. Public support is measured over a five-year period.

This test is subject to limitations. When calculating public support, you can count only the greater of $5,000 or 1% of your total exempt-purpose-related revenue from a single individual, corporation or governmental unit in the numerator. Receipts of any type or amount from disqualified persons, such as board members, aren’t considered public support either.

Be careful about misclassifying gross receipts that are subject to the limits. IRS auditors will look for payments that should be deemed gross receipts but instead are classified as, for example, contributions, gross investment income or unrelated business taxable activity.

Mission critical

It’s critical to maintain your nonprofit’s publicly supported status. Certain organizations, including universities and churches, automatically qualify as public charities. For other nonprofits, we can help determine whether you pass one of the two tests.

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Although failing to file a Form 990 with the IRS when required to do so is probably a more serious mistake, filing it with data errors isn’t recommended. Similarly, your not-for-profit should strive to be as accurate as possible when preparing accounting and other tax documents. Carelessness can cost you support from donors and grant makers and, in extreme cases, threaten your exempt status. Here’s how to avoid financial errors.

Follow processes and procedures

First, make sure your nonprofit has formally documented its accounting processes. All aspects of managing your nonprofit’s money should be reflected in a detailed, written accounting manual. This should include how to accept and deposit donations and pay bills.

Your organization may depend on accounting software for daily functioning. But even with the assistance of technology, mistakes happen. Your staff should follow certain procedures, such as double-checking entries and reconciling bank accounts, to ensure transactions entered into accounting software are complete and accurate.

Avoid common pitfalls

Next, keep an eye on unrelated business income (UBI). IRS officials have cited “failing to consider obvious and subtle” UBI tax issues as the biggest tax mistake nonprofits make. Organizations commonly fail to report UBI — or they underreport it. Be sure to follow guidance in IRS Publication 598, Tax on Unrelated Business Income of Exempt Organizations. And if you need more help, contact us.

Correctly classifying workers as employees (vs. independent contractors) is another area where nonprofits commonly make errors in judgment and practice. You’re required to withhold and pay various payroll taxes on employee earnings but don’t have the same obligation for contractors. If the IRS can successfully argue that one or more of your contractors meet the criteria for being classified as employees, both you and the contractor possibly face financial consequences.

For peace of mind

Finally, if your nonprofit doesn’t already regularly back up accounting and tax information, start doing so. Otherwise, your data may not be safe in the event of a fire, natural disaster or cyberattack. Back up data automatically using cloud-based or other offsite storage solutions.

For extra peace of mind, contact us. We can help prepare your organization’s tax filings and review financial statements for accuracy and adherence to Generally Accepted Accounting Principles.

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Whew! That’s probably your reaction when outside experts announce that their audit of your not-for-profit is complete. But even if auditors have left your premises and returned the documents they’ve reviewed, the work isn’t really over. Not only do your executive director and board need to review the audit report, but it may be necessary to address auditor concerns by making changes to your organization.

Review the draft

Once outside auditors complete their work, they typically present a draft report to an organization’s audit committee, executive director and senior financial staffers. Those individuals should take the time to review the draft before it’s presented to the board of directors.

Your audit committee and management also need to meet with the auditors before the board presentation. Often auditors will provide a management letter (also called “communication with those charged with governance”) highlighting operational areas and controls that need improvement. Your nonprofit’s team can respond to these comments, indicating ways they plan to improve operations and controls, to be included in the final letter. The audit committee also can use the meeting to ensure the audit is properly comprehensive.

Assess internal controls

The final audit report will state whether your nonprofit’s financial statements present its financial position in accordance with U.S. Generally Accepted Accounting Principles. The statements must be presented without any inaccuracies or “material” — meaning significant — misrepresentation.

The auditors also will identify, in a separate 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. If the auditors have found your internal controls to be weak, promptly shore them up.

Gather feedback

One important audit committee task is to obtain your executive director’s impression of the auditors and audit process. Were the auditors efficient, or did they perform or require redundant work? Did they demonstrate the requisite expertise, skills and understanding? Were they disruptive to operations? Consider this input when deciding whether to retain the same firm for the next audit.

The committee also might want to seek feedback from employees who worked most closely with the auditors. In addition to feedback on the auditors, they may have suggestions on how to streamline the process for the next audit.

Fiscal responsibility

Your donors, grantmakers and other supporters expect your organization to do everything in its power to ensure funds are used appropriately and responsibly. If you fail to act on issues identified in an audit, it could lead to asset misappropriation and seriously damage your nonprofit’s reputation and viability. Contact us if you have questions, require an audit or need help improving internal controls.

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