So you forgot to file your not-for-profit’s Form 990, 990-EZ or 990-N with the IRS. It can happen — particularly with newer organizations that are still trying to get a handle on all the financial and regulatory requirements of running a nonprofit. However, if you forget to file three years in a row, you could face an automatic revocation of your tax-exempt status. This is serious because it means your donors can’t deduct their contributions. But it doesn’t have to be final.

Essential forms and dates

Assuming you lost your exempt status for failing to file, you can regain it with another filing. Talk to your tax advisor about submitting either Form 1023, “Application for Recognition of Exemption Under Section 501(c)(3) of the Internal Revenue Code” or Form 1024, “Application for Recognition of Exemption Under Section 501(a) or Section 521 of the Internal Revenue Code,” based on your type of nonprofit.

Smaller organizations that were eligible to file either Form 990-EZ or 990-N for each of the three consecutive years and that hadn’t previously had their tax-exempt status automatically revoked, can apply to have their status retroactively reinstated effective from the revocation date. To apply for this retroactive reinstatement, file the applicable form within 15 months or the later of 1) the date of the IRS revocation letter, or 2) the date the IRS posted your organization’s name on its website.

If you aren’t eligible for retroactive reinstatement, your organization’s activities between the revocation date and the reinstatement date will be considered taxable. This includes donors’ contributions.

Required documentation

When you file for recognition of exemption, attach a detailed statement that provides reasonable cause for failing to file required returns in each of the three consecutive years. You should state the facts that led to each failure and the continual failure, discovery of the failures and steps taken to avoid or mitigate them.

You’ll need to attach a statement that describes safeguards put in place and steps taken to avoid future failures as well as evidence to support all material aspects of those two statements. In addition, include properly completed and executed tax returns for all taxable years during and after the three-year period your organization failed to file.

Also submit an original declaration dated and signed by an authorized person in your organization such as an officer or director. (See IRS Notice 2011-44 for the required wording.)

All’s well

Assuming you file correctly and submit all required paperwork that shows your organization qualifies as a nonprofit, it’s likely to regain its tax-exempt status. At that point, the IRS will issue a new determination letter and update its records that confirm your eligibility to receive tax-deductible contributions. Generally, the effective date of reinstatement is the date your exemption application was submitted.

If you’re having trouble keeping up with IRS filings or have questions about nonprofit regulations, contact us for help.

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Do you think about your not-for-profit’s annual report as a yearly obligation or even an unpleasant chore? If so, your annual report likely isn’t much fun to read — and you’re missing a chance to attract and engage critical audiences. Instead, embrace this opportunity to communicate the good your organization does and promote your mission and programs. Here’s how to write an annual report that will keep readers’ attention.

Tackle first things first

Most nonprofit annual reports consist of several standard sections, starting with a Chair of the Board’s letter. This executive summary needs to provide an overview of your nonprofit’s activities, accomplishments and anything else worth highlighting. It should be direct and to the point, but also reflect the chair’s personality.

Financial information is another essential section. This generally is subdivided into three sections:

1. Independent auditor’s report. This CPA report states whether your nonprofit’s financial statements have been prepared in accordance with Generally Accepted Accounting Principles.
2. Financial statements. Data should include a Statement of Financial Position (assets, liabilities and net asset categories as of the last day of the fiscal year), Statement of Activities (revenues earned and expenses incurred during the year) and Statement of Cash Flows (changes, sources and uses of cash for the year).
3. Footnotes. These expand on financial statement items regarding subjects such as leasing arrangements and debt.

You can make your financial statements easier to understand by creating an abbreviated version with a synopsis that quickly communicates your overall financial situation. Whenever possible, use simple graphs, diagrams and other visual aids to highlight specific points.

Describe your work with words and images

A “Description” is the other major section in a typical nonprofit annual report. This is where you can — and should — get creative. Explain your organization’s mission, goals and strategies for reaching those goals. Then, describe who benefits from your organization’s services and how your services contribute to the community.

To do justice to this work, include client testimonials where those you’ve helped tell the story in a personal way. Or create a timeline that enables readers to see the progress you’ve made toward a long-term goal such as establishing an endowment or constructing a new facility. Your annual report should be as visually pleasing as it is interesting to read. Include engaging photos, arresting graphics and creative layouts.

Reward your audience for reading

The audience for your annual report may be larger than you think. Ensure it offers something to grab the attention of donors and other supporters, clients, community members, charity watchdog groups and the media. Otherwise, you could be wasting an important opportunity.

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Although most charitable donors aren’t primarily motivated by potential tax breaks, they still need to know how donations affect their taxes. It’s important for your not-for-profit to educate them — particularly as tax laws change. For example, in 2020 and 2021, even nonitemizers were allowed to deduct up to $300 and itemizers could deduct cash gifts up to 100% of their adjusted gross income (AGI).

These breaks have lapsed and aren’t available for 2022, unless Congress acts. The following summarizes laws that continue to affect donors.

Cash and certain property donations

Generally, donors who itemize can deduct total cash contributions up to 60% of their AGI. To be deductible, cash gifts under $250 must be supported by a bank record (such as a canceled check or credit card statement) or receipt (such as a thank-you letter from your nonprofit showing the date and amount of the gift). Cash gifts of $250 or more must be substantiated by a contemporaneous written acknowledgment from your nonprofit.

Total donations of ordinary-income property usually are deductible up to 50% of the donor’s AGI but limited to the donor’s tax basis in the property (typically the purchase price). Property is ordinary-income property when donors would recognize ordinary income or short-term capital gains if they sold it at fair market value (FMV) on the date of donation. Examples include stocks and bonds held for one year or less.

Capital gains property

Donors of capital gains property usually can deduct the property’s FMV, but a lower AGI limit of 30% applies. Property is considered capital gains property if the donor would have recognized long-term capital gains had he or she sold it at FMV on the donation date. This includes capital assets held more than one year. But in some circumstances, such as when the donation is intellectual property, only the donor’s tax basis of the property is deductible.

If your nonprofit uses tangible donated property for its tax-exempt purpose — for example, a museum displays a donated painting — the donor can deduct its fair market value. But if the property is put to an unrelated use (a hospital sells the donated painting), the deduction is limited to the donor’s basis in the property.

For donations of property, the substantiation requirements depend on the deductible value. If someone donates an item worth less than $250, a receipt is sufficient. However, for gifts:

• Of $250–$500 in value, the donor must have a contemporaneous written acknowledgment from your nonprofit.
• Of $501–$5,000 in value, the donor must also file Form 8283.
• Of more than $5,000 in value, the donor must also obtain a qualified appraisal.

In general, only donations of the full ownership interest in property are deductible. The right to use property usually is considered a contribution of less than the donor’s entire interest in the property.

What isn’t deductible

Finally, make sure donors understand they can’t claim a deduction for the donation of their professional services. Related out-of-pocket costs, such as supplies and miles driven, on the other hand, are deductible as charitable contributions. Contact us for tax advice if you’re working with a donor making a major gift or complicated donation.

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Your not-for-profit may not be required to undergo regular audits. But an audit can reassure donors and other stakeholders that you take seriously your responsibility. An audit can also help you identify risks before they become intractable problems. Here’s how to initiate and prepare for an audit.

Find and meet with an auditor

Start by drafting a request for proposal (RFP) for prospective auditors. The RFP should describe your organization, its programs, major funding sources and the type of service you need. Once you select an auditor, the firm will provide an engagement letter outlining the scope of services to be performed and assign responsibility for various tasks to your staff or the auditors.

The preaudit meeting with your auditors comes next. Finance staff and management should attend, as well as representatives from your board of directors or audit committee. Those involved will draw up a timeline for the work, and the auditors can answer any questions about the information they’ll need.

During this meeting, inform the auditors of any changes in your nonprofit’s activities since you first met. Also communicate new or eliminated programs, new grant reporting requirements, and changes to internal controls and staff.

Do your part

Collecting and organizing the documentation auditors need before they arrive saves them time and saves you money. Usually auditors will provide a list of documents — such as financial statements, accounting records, physical inventories and investment-related documents — and the date when each item is needed. Auditors also generally need organizational records such as:

• Articles of incorporation,
• Financial policies,
• Exemption letters,
• Board meeting minutes,
• Grant agreements,
• Pledges and other funding documents,
• Contracts, and
• Insurance policies.

You should gather support for footnote disclosures, as well. This includes documentation of significant estimates, pending litigation, restricted contributions and related-party transactions.

Head off issues

Don’t wait for auditors to find problems and ask questions. You can expedite the audit process and reduce costs when you identify and address issues before they’re raised by auditors.

For example, after making year-end closing entries, reconcile all your schedules and workpapers to the trial balance and review for obvious anomalies. Double-check manual journal entries, accrual calculations, entries that require estimates and in-kind donation valuations. Compare actual figures with budgeted ones and be ready to explain any significant variances.

No mandate?

Some nonprofits are required to conduct audits due to their large size (generally if they expend more than $750,000 a year). Grantmakers, banks and some states and municipalities may also require audited financial statements. But consider conducting regular audits, even if no mandate applies. Contact us for more information.

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