FAQs

Outgoing treasurer “checklist:”

1. Have the bank accounts been reconciled year-to-date?
2. Are the accounting records complete?
   • Accounts Receivable, Prepaids, Inventory, Fixed Assets, Accounts Payable, Accruals, Net Asset Restrictions, etc.
3. Has a current file for the year been prepared and provided to the incoming treasurer?
   1. Bank statements and reconciliations for each month year-to-date
   2. Any correspondence received during the year-to-date
4. Has the incoming treasurer been given access to all accounting information/records?
   1. Bank accounts
   2. Payroll accounts
   3. File passwords/privileges
   4. Locked file access
5. Has the outgoing treasurer reviewed/explained any journal entries made to the accounting records year-to-date to the incoming treasurer?
6. Has the outgoing treasurer reviewed prior year financial statements and/or Form 990 with the incoming treasurer?
   1. Restrictions on cash or funds
   2. Non-cash donation reporting
   3. Other organization-specific unusual items
7. Have procedures been written down (e.g., Procedures Manual) for future reference?

While likely not all-inclusive, we hope this checklist provides enough information to get the process going and to spark thought/conversation all the way through. If you have any questions or would like assistance with a treasurer transition, reach out to the DBC NPO Niche team today!

In the State of Michigan, certain Not-for-Profit organizations are exempt from sales and use tax on tangible personal property used or consumed primarily in carrying out the organization’s purpose, as stated in the bylaws or articles of organization. In addition, there must be no reimbursement of cost or defrayment by the organization’s members. The list of exempt organizations includes schools, churches, not-for-profit hospitals, governmental Agencies, 501(c)(3) organizations, and 501(c)(4) organizations.

It is important to distinguish between items purchased for use in the organization’s stated purpose and items purchased to be used in fundraising. Fundraising is a means to achieve the organization’s purpose but is not the organization’s stated purpose. Therefore, purchases of tangible personal property used in fundraising activities are subject to sales and use tax.

Volunteers play a pivotal role in many not-for-profit organizations. But keeping track of and organizing volunteers can be cumbersome and time consuming. This begs the question: Does software exist to help organize volunteers? The answer is yes! Both of the not-for-profit organizations I am currently involved with as a board member use VolunteerHub.

VolunteerHub allows an organization to manage and engage volunteers. It’s a simple, secure and cost-effective volunteer management software program. It is also highly customizable by the organization.

As a volunteer, I have my own login and password for each organization. I can easily see what opportunities are available to volunteer for, both in list or calendar format. It is easy to select and register for a volunteer shift.

To request a demo of VolunteerHub, visit https://www.volunteerhub.com/request-demo-nav/.

If you would like to speak with another organization that uses VolunteerHub, reach out to us and we will put you in contact with an organization we know uses this software.

Volunteers are necessary. Sweating over the details isn’t. Contact us today to get the conversation started.

With cryptocurrency becoming more and more popular, Not-For-Profits will likely have to decide if accepting cryptocurrency is the right decision for the organization.  Here are several things to think about before making the decision:

1. The Not-For-Profit will have to treat the donation as a noncash contribution;
2. There is potential for the value of the cryptocurrency to increase, or decrease;
3. A virtual wallet may need to be opened by the Not-For-Profit in order to accept the funds in virtual form;
4. There may be a fee involved to convert the cryptocurrency from virtual to actual US dollars;
5. In the future, there may be additional reporting requirements with the IRS. There are currently discussions about making cryptocurrency subject to foreign account reporting.

While the idea of cryptocurrency is enticing because of the growth potential, there are many other factors to take into account before a Not-For-Profit will be able to use the funds.

If you have questions about the implications of accepting cryptocurrency donations, contact us today.

Under most circumstances, donations received without conditions or donor restrictions by a nonprofit organization are not required to be refunded. Organizations should establish a refund policy regarding if and when they are open to issuing refunds for these types of donations.

When it comes to donations received with conditions or donor restrictions the nonprofit organization may run into a situation where a refund of donation is required. One situation would be if the organization is either unable to, or decides not to, fulfil the purpose of the donation. For example, if a donation is received in response to a capital campaign to build a new building, and later the organization decides not to follow through with a new building, the organization must reach out to the donors to determine if they are willing to release their restriction and allow for those funds to be used in a different way. If the donors are not willing to release the purpose restriction, a refund would be required at that time.

For most organizations, Unrelated Business Income (UBI) is income from a trade or business that is regularly carried on and is not substantially related to the charitable, educational, or other purpose that is the basis of the organization’s exemption.

This can be a very confusing piece of the tax-exempt tax law, as an activity that may be considered unrelated business income for one organization may be considered related business income for another, and vice-versa. Therefore the specific circumstances surrounding the activity/income, and the organization’s exempt purpose are the main factors to consider when making the determination of whether an activity is producing related or unrelated business income. Additionally, there are in excess of 40 categories of income specifically excluded by the Internal Revenue Code from unrelated business income.

Activities that may produce unrelated business income include sales of advertising in a publication, rents, ancillary services provided by a tax-exempt organization to an unrelated organization, real estate transactions, mailing list sales, income from travel tours, operating parking facilities, and the list goes on and on. Rent is a particularly tricky activity, as there are exclusions and exceptions. The best way to ascertain if an activity is producing related or unrelated business income is to consult with a knowledgeable professional who can assist in gathering all of the facts and circumstances to assist you in making the determination.

Generally, a donor advised fund is a separately identified fund or account that is maintained and operated by a section 501(c)(3) organization, which is called a sponsoring organization.  Each account is composed of contributions made by individual donors.  Once a donor makes a contribution, the organization has legal control over it.  However, the donor (or the donor’s representative) retains advisory privileges with respect to the distribution of funds and the investment of assets in the account.

The benefit of a donor advised fund is that it allows an individual to make a charitable contribution to the fund and receive a potential charitable deduction as of the date the fund receives the contribution.  The donor can then advise how the funds will be gifted at a later date.  The donor can spread the gifting over multiple years and/or organizations.

501(c)(3) – An organization that is exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code is also exempt from the requirements of the Federal Unemployment Tax Act (FUTA).  This exemption cannot be waived.  Organizations should not file Form 940 to report wages or pay the tax.  Nonprofits in the state of Michigan are not exempt from paying state unemployment taxes.

Other than 501(c)(3) – Nonprofits that are not section 501(c)(3) organizations are not exempt from paying FUTA tax.  However, if an employee is paid less than $50 in a calendar quarter, his or her wages are not subject to FUTA tax for that quarter.  Nonprofits in the state of Michigan are not exempt from paying state unemployment taxes.

For more information on unemployment and other employer taxes, see Employees of Exempt Organizations in Publication 15-A.

In order to maximize your social media presence, you need to determine what will best engage the audience you’re seeking.  What do you find of interest on social media?  We have found that we get the most “hits” on posts that include pictures of our staff engaging in activities together or posts containing staff promotion announcements.  For your organization, maybe the most popular posts are those including testimonials from clients who have used your services or staff/board member spotlights.

The other key to maximizing your social media presence is making sure that your social media posts are being liked and shared.  Encourage your staff, board members, and key volunteers to be active in helping you make this happen.

While numerous statutes may apply to entities with a charitable purpose, there are three major Michigan laws that affect most charities:

1. Charitable Organizations and Solicitations Act, MCL 440.271 et seq., which registers charitable organizations and licenses professional fundraisers who solicit in Michigan;
2. Supervision of Trustees for Charitable Purposes Act, MCL 14.251 et seq., which registers entities (e.g., charities, trusts, foundations) holding any charitable assets in Michigan;
3. Dissolution of Charitable Purpose Corporations Act (Dissolution Act), MCL 450.251 et seq., which ensures that charitable assets are transferred to an organization with a like purpose if a charity dissolves.

Charitable Organizations and Solicitations Act (COSA)

The COSA requires an organization to register if it solicits or receives contributions in Michigan.

The act requires an annual filing of the License to Solicit Donations form, and—depending on the amount of revenue from contributions and fundraising—a reviewed or audited financial statement prepared by an independent certified public accountant may also be required. The organization’s Federal Form 990 accompanies this filing.

For more information on the COSA and the Solicitation registration forms, see COSA.

The act does exempt some organizations from registration. For more information on exemption, see exemption.

Supervision of Trustees for Charitable Purposes Act (STCPA)

The STCPA requires a trust to register if it holds assets for a charitable purpose. Broadly defined, a Charitable Trust includes every person or legal entity which holds property for a charitable purpose.

This act requires an annual registration and inventory of an organization’s assets. This requirement is met by providing a copy of the organization’s Federal Form 990 annually.

For more information on the STCPA, see STCPA.

The STCPA does exempt some organizations from registration. For more information on exemption see exemption.

Dissolution Act

This act requires that notice and accounting be provided to the attorney general in the event of a dissolution, a merger, or any amendments to or restatement of the articles of incorporation, and more.

For more information on the Dissolution Act, see Dissolution.

Employers with less than 50 full-time equivalent employees are not subject to the employer shared responsibility provisions under the Affordable Care Act.

All employers that are Applicable Large Employers are subject to the employer shared responsibility provisions, including not-for-profit organizations (whether a tax-exempt organization or not). To determine if you are an Applicable Large Employer, click here.

Raffles in Michigan (Powerpoint Presentation .pptx) »

If you are charging people or requiring them to donate or provide something of value to participate in a drawing where a prize will be awarded, you are conducting a raffle.

Common misconceptions:

• “We are only giving away door prizes; we aren’t conducting a raffle.”
  • If people are being charged to attend a function where prizes are awarded through a drawing, you are conducting a raffle.

• “We are conducting a 50/50, not a raffle.”
  • Contrary to many opinions, 50/50 drawings ARE raffles.

Raffle license requirements:

• Almost all raffles conducted in Michigan need to be licensed.
  • There are two different types of licenses:
    • Small Raffle License – total prize value of ALL raffle prizes < $500 in a single day
    • Large Raffle License – total prize value of ALL raffle prizes > $500 in a single day

• No raffle license is required for:
  • Qualified organizations
  • Single gatherings
  • No pre-sale of tickets
  • Total prize value < $100

Raffle accounting requirements:

• Raffle rules require accountability for tickets, cash and prizes
• Ticket stubs and unsold tickets must be recorded and returned with accounting
• The number of ticket stubs and unsold tickets needs to equal the original number of tickets received
• If discounted tickets are sold (i.e. $1/1 ticket or $5/6 tickets), they must be accounted for separately

Raffle reporting requirements:

• Only large raffle licensees
• Must submit a financial statement
  • Form is included in the envelope with the license
• Submit by 10th day of month following the month in which the raffle was held
• Failure to submit statement will prevent future license issuance

For more information check out the State of Michigan Charitable Gaming Division Raffle page here.

When funds are received with a donor restriction, those funds are legally limited to the use listed by the donor. Restrictions typically come in the form of time restrictions, or purpose restrictions, and depending on how specific the restriction language is, the organization may have some or no flexibility with respect to expending those funds.

Less specific restriction language means that a larger number of expenditures may meet the requirement. For example, a restriction for a new stove is more specific than a restriction for the kitchen, which could include equipment, dishes, silverware, kitchen salaries, food, etc.

Sometimes not-for-profit organizations unknowingly restrict donations themselves. For example, announcing at an event that funds will be used for the purchase of food to be given to the needy. This immediately restricts all donations from that event to food, when the organization may have intended to provide much more than just food to the needy. Another example would be listing a specific use of funds in an annual donation request letter. The organization should be mindful to stay away from specifics unless needed, as to not restrict funds unintentionally.

During the year 2020 many organizations have faced unforeseen challenges and uncertainties. During this time, having funds that are restricted for long term purposes when short term needs are not be being met can be difficult. An organization may consider reaching out to the original donor of any remaining restricted funds to obtain permission, in writing, to release those funds for general use.

It is very important to maintain detailed records of donations, particularly donations with restrictions. Tracking the receipt of, and subsequent expenditure of, restricted donations is integral to the records of the organization. If your organization needs assistance in developing a method to ensure complete and accurate records in this area, we are here to help.

Did You Know?

US Taxpayers who don’t itemize deductions for their 2020 individual tax returns may still be eligible for a $300 tax deduction for charitable donations. A provision in the CARES Act, intended to provide some relief for Charitable Organizations, permits eligible individuals who do not itemize deductions to deduct $300 of qualified charitable contributions as an adjustment in determining AGI (adjusted gross income) for tax years beginning in 2020. Educating donors about the existence of this provision may help Charitable Organizations in their efforts to draw in contributions as we approach year end.

For more information, click here.

If you forgot to file Form 990 for just one tax year, file the return as soon as possible. Be aware that penalties for late filing will be imposed if the organization doesn’t provide reasonable cause for the late filing. For an organization with gross receipts less than $1,000,000 for its tax year, the IRS will impose a penalty of $20 per day for each day the return is late. The maximum penalty is $10,000 or 5% of the organizations gross receipts, whichever is less. The penalty increases to $100 per day, up to a maximum of $50,000 for an organization with gross receipts over $1,000,000.

If an organization is required to file a return or electronic notice and fails to do so for three consecutive years, the organization will lose its tax-exempt status as of the filing due date of the third year. For the organization to have its tax-exempt status reinstated, it must apply (reapply) for tax exempt status.

State law governs not-for-profit status, which is determined by an organization’s articles or incorporation or trust documents. Federal law governs tax-exempt status.

The steps needed to obtain for tax-exempt status are:

1. Gather your organization documents: Articles of incorporation for a corporation, articles of association for an association, or trust agreement for a trust.
2. Determine State registration requirements. Michigan requires registration under either the Charitable Organization Solicitations Act (COSA) or the Supervision of Trustees for Charitable Purposes Act (STCPA), unless the organization is exempt from registration. For more information regarding exemption from registration, see exemption.
3. Obtain an EIN (employer identification number) for the organization.
4. Determine what type of tax-exempt status you want.
5. Apply for recognition of exemption by filing either Form 1023 or Form 1024.

For more information, see the IRS FAQ.

All Michigan not-for-profit organizations must obtain the Attorney General’s approval, or a letter from the Attorney General stating that approval is not necessary, before submitting a Certificate of Dissolution to the Corporation Division of the Bureau of Commercial Services, Department of Licensing and Regulatory Affairs.

To obtain approval, the organization should submit the Dissolution Questionnaire and required attachments to the Attorney General’s Charitable Trust Section.

If the organization is a non-charitable not-for-profit or religious organization, it should submit a letter to the Attorney General’s office explaining that the organization is dissolving and provide a copy of the organization’s articles of incorporation.

Mergers are considered similar to dissolutions because at least one entity will cease to exist. However, the Dissolution Questionnaire is not necessary for these transactions. Charitable organizations wishing to merge or convert should send the Charitable Trust Section a complete explanation regarding the proposed transaction with supporting documentation such as articles of incorporation, plans of merger, and IRS returns and financial statements.

For more information, visit the Attorney General website page here.

For Federal tax purposes, the not-for-profit will indicate on Form 990 if it has liquidated, terminated, dissolved, and ceased operations, and will complete Schedule N to Form 990. Schedule N and instructions can be found here.

Most tax-exempt organizations are required to file an annual return. Which form an organization must file generally depends on its financial activity.

Organizations with gross receipts normally less than $50,000 may file the e-Postcard, Form 990-N. They may also choose to file a full Form 990 return.

Organizations with gross receipts less than $200,000 and total assets less than $500,000 may file the short form, Form 990-EZ. They may also choose to file the full Form 990 return.

Organizations with gross receipts of $200,000 or greater or total assets of $500,000 or greater must file the full Form 990 return.

As long as the organization submitted a complete and accurate registration statement, the registration is effective on the date the registration statement is received by the Department of Attorney General. While you may not receive written confirmation of your registration for several weeks, you can check your filing status online.

Within a few days of receipt of your registration statement, your registration status online should be listed as “pending.” It will remain as “pending” until your registration (or license in the case of a professional fundraiser) confirmation is sent to you. Unless you have received a letter from the Department of Attorney General asking for missing information, you may solicit while in pending status.

Registration is typically required for all 501(c)(3) organizations that solicit or receive contributions in excess of $25,000 from Michigan per year. However, if an organization pays anyone for fundraising services, it will need to be registered even if it solicits or receives less than $25,000.

There are exemptions for some types of organizations. For example, churches, approved Michigan schools, and veterans’ organizations chartered by the federal government. To determine if the organization needs to register, refer to the Request for Exemption Form.

Even though an organization is recognized as tax exempt, it still may be liable for tax on its unrelated business income. For most organizations, unrelated business income is income from a trade or business, regularly carried on, that is not substantially related to the charitable, educational, or other purpose that is the basis of the organization’s exemption. An exempt organization that has $1,000 or more of gross income from an unrelated business must file Form 990-T.

Unrelated Business Income defined:

For most organizations, an activity is an unrelated business (and subject to unrelated business income tax) if it meets three requirements:

1. It is a trade or business,
2. It is regularly carried on, and
3. It is not substantially related to furthering the exempt purpose of the organization.

There are, however, a number of modifications, exclusions, and exceptions to the general definition of unrelated business income.

Additional Information:

• Publication 598, Tax on Unrelated Business Income of Exempt Organizations
• Exempt Organizations Continuing Professional Education Text article (1999)