Posted by: Jonathan D. Moll, CPA | September 30, 2014

Identity Crisis – When There is a Need to Change Your Nonprofit’s Name

Posted by Jonathan Moll, CPA

Nonprofit Name ChangeThe need for a nonprofit organization to change its name happens quite frequently.  The reasons vary: mergers with other organizations, additions of or changes to major programs, to distinguish from prior affiliated organizations or groups, or to improve marketability and fundraising. At times, organizations may delay this decision due to being unfamiliar with the required process. Fortunately for those looking to make the change, the process is simple and usually requires 3 steps:

Step 1 – legally change your organization’s name

This step usually begins with a board resolution to change the name. The organization must then amend its organizational documents (articles of incorporation and bylaws) and file the amended documents with the state of incorporation.

Step 2 – notify the IRS

This is normally as simple as notifying the IRS of the change when filing its next annual return (Form 990 or Form 990-EZ).

However, if an organization does not have an annual return filing requirement, qualifies to file for 990-N (e-Postcard), or is required to e-file its return, the name change should be reported by letter or fax to the IRS’ Customer Account Services. Generally, a copy of the amended articles of incorporation and proof of filing are required. The letter or fax must include:

  • Full name (both prior and new)
  • Employer Identification Number
  • Authorized signature of officer or trustee

Step 3 – notify your vendors, customers and donors

This step is often overlooked as the assumption is it will occur naturally through continued operations. However, as funding contracts or vendor contracts are renewed, the simplest process is often the most successful process. Being proactive to eliminate potential inconsistencies is usually a wise investment of time.

Despite the process being relatively straightforward and simple, I always encourage consulting your CPA when the IRS is involved.

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Posted by: Casey Hagy, CPA | September 16, 2014

What to Consider When Changing Your Mission Statement

Posted by Casey Foulk, CPA

446538765_bfa89f9875_nA wise person once said, “The only thing that is constant in life is change.” This principle lends itself well to the world of nonprofit organizations. A variety of factors cause nonprofit organizations to change. From regulatory changes to changes in demand for services to changes in leadership and administration, adaptation is a skill necessary for survival. At times, the evolution of an organization requires a nonprofit to change its mission. A mission statement describes a nonprofit’s purpose, what they intend to do, and whom they intend to serve. Most importantly, a nonprofit’s approved exempt activities must be embodied in its mission.

Below are two common reasons nonprofits may need to change their mission statement, as well as factors that need to be considered in doing so.

1. To better articulate the goal of the existing programs. The programs of the organization have not changed, but the mission statement could be rewritten to better reflect your current operations.

a. Upon approval of the new mission statement by the organization’s board, the bylaws and articles of incorporation should be evaluated to determine if they need to be updated. In addition to the possibility of amending corporate documents, the organization should update its website, marketing materials, etc.

b. Changes to the mission statement must be reported to the IRS on the organization’s Form 990 annual information return. Update Part 1 Line 1 and Part III Line 1 which ask for a description of the organization’s mission. If corporate documents including bylaws were updated, the organization should also mark “yes” to Part VI Line 4 which asks if any significant changes to governing documents have been made since the prior Form 990 was filed (an explanation should be reported on Schedule O).

2. Changes to a program or development of a new program. In addition to the steps listed above, if the mission statement needs to be updated because the operations of the organization are changing in some way, they have two options to communicate the changes to the IRS.

a. Tell the IRS. If the organization is confident that the changes to their programs or addition of a new program is in line with their approved tax-exempt purpose as specified in Section 501(c)(3) of the Internal Revenue Code, they can inform the IRS by answering “yes” to Part III Line 2 of the Form 990, which asks if the organization undertook any significant program services during the year which were not listed on the prior Form 990 (an explanation should be reported on Schedule O).

b. Ask for approval. If the changes to an organization’s program or addition of a new program are not within the scope of their original tax-exempt purpose as described on the original Form 1023 application, they should ask for approval from the IRS by requesting a private letter ruling in accordance with Revenue Procedure 2014-4. A sample format for a letter ruling request can be found here. The IRS charges an applicable user fee for the processing of a private letter ruling in accordance with Revenue Procedure 2014-8.

As always, it is best to consult your CPA for guidance on tax compliance matters.

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Posted by: Christina Bell, CPA | September 4, 2014

Rental Income – Taxable to my Nonprofit or Not?

Posted by Christina Bell, CPA

Rental Income - nonprofitsThe IRS defines unrelated business income (UBI) as income from a trade or business regularly carried on by a nonprofit organization that is not substantially related to the performance by the organization of its exempt function. One source of UBI is rental income; however, not all rental income is subject to unrelated business income tax (UBIT). So how is a nonprofit to know if the rental income they receive is subject to UBIT? A few general rules are listed below. In addition, IRS publication 598 details all rules and regulations governing UBI, including income from rental property.

  1. Rental income from real property is excluded from UBI if there is no acquisition indebtedness on the property.  Acquisition debt is defined as the unpaid debt incurred by an organization (1) when acquiring or improving property, (2) before acquiring or improving property if the debt would not have been incurred except for the acquisition or improvement, or (3) after acquiring or improving the property if the debt would not have been incurred except for the acquisition or improvement. Acquisition debt also includes liens similar to a mortgage. A lien is similar to a mortgage if titled to property encumbered by a lien for the creditor’s behalf such as a security interest under the Uniform Commercial Code.
  2. Rental income from real property that is subject to acquisition indebtedness is excluded from UBI if 85% or more of the use of the property is substantially related to the organization’s exempt purpose. The percent of usage can be determined by dividing the time the property is used for exempt purposes by the total time the property is used (hours) or by dividing the part of the property that is used for exempt purposes by the part used for all purposes (square footage).
  3. Rental income from real property that is subject to acquisition indebtedness is excluded from UBI if the lessee is a related organization. For this purpose an exempt organization is related to another exempt organization only if:
    • One organization is an exempt holding company and the other receives profits derived by the exempt holding company.
    • One organization controls the other
    • More than 50% of the members of one organization are members of the other
    • Each organization is a local organization directly affiliated with a common state, national, or international organization that is also exempt.
  4. Rental income from personal property is included as UBI and subject to UBIT.
  5. Mixed leases, meaning leases that include both real and personal property, are subject to a 10% rule.  The rule states that if rents attributable to personal property are not more than 10% of all rents received under the lease, all rents are excluded from UBI. If rents attributable to personal property are greater than 50% of all rents received under the lease all rents are included in UBI. If rents attributable to personal property are greater than 10% but less than 50% of all rents received under the lease, only the rents received attributable to the real property are excluded from UBI.

Nonprofit organizations should seek appropriate counsel or expertise when engaging in business activities, including the rental of real and personal property, to understand their consequences on UBI and ensure the entity can optimally engage in such activities without triggering any income taxes.

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Posted by: Christina Bell, CPA | August 15, 2014

Did you download the instructions for Form 1023-EZ before August 4, 2014?

Posted by Christina K. Bell, CPA

If you downloaded the Instructions for Form 1023-EZ before August 4, 2014, please take note of the following change:

The IRS has updated the instructions for Part 1, line 8 to allow officers, directors, and/or trustees to use the organization’s mailing address rather than their personal mailing address.

When completing Form 1023-EZ, make sure the instructions you are following are revised as of August 2014.

 

Posted by: Belfint, Lyons & Shuman, CPAs | July 22, 2014

The Gift of Giving Back Could Become More Valuable…Permanently

Posted by Jennifer Ziegler, BLS Intern

Gift if Giving BackWith several charitable giving bills awaiting a House vote, the gift of giving back could become more valuable…permanently. Certain critical charitable giving incentives expired on December 31, 2013. On May 29, 2014, the Ways and Means committee approved four individual bills which would permanently reinstate three of the expired charitable giving incentives and extend the deadline through April 15 for individuals making charitable contributions. Below is a brief summary of each individual bill.

  • H.R. 4719 (The “Fighting Hunger Incentive Act of 2014”), which would reinstate and make permanent the enhanced deduction for contributions of food inventory.
  • H.R. 4619 (The “Permanent IRA Charitable Contribution Act of 2014”), which would reinstate and make permanent the exclusion from gross income for up to $100,000 of qualified charitable distributions from an individual retirement account.
  • H.R. 3134 (The “Charitable Giving Extension Act”), which would permit an individual to elect to deduct for a taxable year charitable contributions made after the close of the taxable year but before the date the individual’s income tax return was due to be filed.
  • H.R. 2807 (The “Conservation Easement Incentive Act of 2013”), which would reinstate and make permanent some of the liberalized rules for deducting the value of charitable contributions of conservation easements.

These bills now move on to a floor vote by the House. The hope is that these bills encourage charitable giving and strengthen the financial position of nonprofit organizations so that they may continue to meet the needs of their communities.

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Posted by: Christina Bell, CPA | July 8, 2014

Follow Up to ‘Applying for Tax Exemption Just Got EZer’

Posted by Christina K. Bell, CPA

1023 EZAs a follow up to my most recent blog entitled Applying for Tax Exemption Just Got “EZ”er the IRS made available, beginning July 1, 2014, a final Form 1023-EZ on www.IRS.gov. The new EZ form must be filed online. The instructions include an eligibility checklist that applying organizations must complete before filing the form. Most organizations with gross receipts of $50,000 or less and assets of $250,000 or less are eligible

The Form 1023-EZ must be filed using www.pay.gov, and a $400 user fee is due at the time the form is submitted. Further details on the new Form 1023-EZ application process can be found in Revenue Procedure 2014-40, posted on www.IRS.gov.

 

Posted by: Christina Bell, CPA | June 25, 2014

Applying for Tax Exemption Just Got “EZ”er

Posted by Christina K. Bell, CPA

EZLast summer I wrote a blog entitled “IRS Determination – Why the Wait“ that described the IRS’s process for evaluating application forms of organizations applying for tax exempt status under Section 501 (c)(3). This process often took months and in some cases over a year. Well, good news has arrived this summer as the IRS just recently released a draft of Form 1023-EZ. A copy of the draft can be found here. The goal of the new form is to simplify the application and approval process and allow smaller organizations to gain exemption more easily.

Form 1023-EZ

According to the draft instructions, only certain organizations will be eligible to use the EZ form when it becomes final. Some of the organizations that will not be able to file the EZ form include churches, schools, hospitals, foreign organizations, limited liability companies, and supporting organizations. In addition, organizations that meet the following criteria cannot apply for tax exempt status using this form.

  • Have projected annual gross receipts expected to exceed $200,000 in any of the next 3 years.
  • Have annual gross receipts that exceeded $200,000 in any of the past two years.
  • Have total assets in excess of $500,000.

The Form 1023-EZ is extremely less complex than Form 1023. Form 1023 is a 26-page application while the draft EZ form consists of only 3 pages.  One of the biggest changes is that an applying organization will no longer have to submit lengthy explanations about whether they compensate officers and directors, engage in grant making, or participate in financial transactions with interested persons. The EZ form requires only a series of simple yes or no answers to these questions.  In addition, an organization will now attest that it will adhere to the following by simply checking a single box.

  • Refrain from supporting or opposing candidates in political campaigns in any way.
  • Ensure that net earnings do not inure in whole or in part to the benefit of private shareholders or individuals (that is, board members, officers, key management employees, or other insiders).
  • Not further non-exempt purposes (such as purposes that benefit private interests) more than insubstantially.
  • Not be organized or operated for the primary purpose of conducting a trade or business that is not related to your exempt purpose(s).
  • Not devote more than an insubstantial part of activities attempting to influence legislation or, if a section 501(h) election was not made, not normally make expenditures in excess of expenditure limitations outlined in section 501(h).
  • Not provide commercial-type insurance as a substantial part of activities

Further, unlike Form 1023, Form 1023-EZ does not require the applicant to include multiple years of actual and/or projected financials, thus significantly reducing the preparation time of the application.

The form also encompasses a short section for those organizations that are seeking reinstatement following automatic revocation.

While the Form 1023-EZ is a huge step in improving the efficiency of the application process, organizations should carefully read the instructions when finalized by the IRS. Currently, the IRS expects to have the Form 1023-EZ and its instructions finalized by mid to late summer.

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Posted by Jonathan D. Moll, CPA

Tax Deductibility of Contributions to ScholarshipThe academic year is coming to an end for many of the nonprofit independent and parochial schools across the nation. Business offices at those schools are making the final push to collect outstanding tuition payments before their families break for the summer and, in some cases, make their re-enrollment decisions. As we know, situations arise during the year that may affect a family’s ability to meet their expected tuition obligation. It is not uncommon for schools that have a mission or philosophy that is rich in helping those in need and supporting the local community to have a benevolence fund established for providing tuition assistance to their families in need. However, the deductibility as a charitable donation for a contribution to that fund might not be as straightforward as you think.

Tax Deductibility Scholarship Contributions

There are three items of tax literature that indicate deductibility of a payment into the scholarship and tuition fund as a charitable contribution ultimately comes down to who determines the award recipient.

  • If the qualifying nonprofit school makes the selection of the award recipient, payments into the fund are considered a deductible charitable contribution.  This is supported by Rev Rul 68-484, 1968-2 CB 105.
  • If the donor makes the decision as to the specific individual(s) that will benefit from the award, the payments to the fund are not considered charitable donations. In Tripp, Chester v. Com., (1964, CA7) 14 AFTR 2d 5810, 337 F2d 432, 64-2 USTC, payments described by a taxpayer as scholarship grants were made to a qualifying school but earmarked for a specific person.  These payments were not considered to be deductible charitable contributions.  In Rev Rul 79-81, 1979-1 CB 107, payments to an exempt education institution that were earmarked for a particular student’s use and in an amount approximating the cost of their education were not considered to be deductible charitable contributions.

What do nonprofit schools need to do? Primarily, schools that are receiving donations for the benefit of specific students should make sure their acknowledgment of the payment does not imply it is a deductible charitable contribution. Further, for schools with documented gift acceptance policies, I would recommend the policies include wording to further document a school’s position that payments received for the benefit of specific individuals are not considered deductible charitable contributions by the school. As always, if any confusion exists, consult your CPA.

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Posted by Christina K. Bell, CPA

Reporting of Services Rendered from Personnel of an AffiliateMy two young sons who live, eat, and breathe baseball often say the best baseball teams have two distinguishing characteristics — consistency and chemistry. The Financial Accounting Standards Board (FASB) believes the best financial statements have the same characteristics as well.

In April 2013, the FASB issued Accounting Standards Update (ASU) 2013-06, Not-for-Profit Entities: (Topic 958): Services Received from Personnel of an Affiliate. ASU 2013-06, effective for fiscal years beginning after June 15, 2014, clarifies how nonprofit entities recognize and measure services received from personnel of an affiliate to ensure consistency amongst financial statement presentations.

An affiliated entity is defined as a party that directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with an entity. Many nonprofit entities are recipients of services performed on their behalf by personnel of an affiliated nonprofit. In some cases, the affiliated nonprofit will charge the receiving nonprofit for the services being performed. In these instances, the nonprofit receiving the services will recognize an expense based upon the amount they were charged; however, in other cases, the affiliated nonprofit will not charge the recipient for the services performed.

In these cases, the question was whether the recipient should recognize the value of the contributed services performed. Some nonprofits concluded that all services provided by an affiliate should be recognized within their financial statements, whether paid for or not, while others followed generally accepted accounting principles for recognizing contributed services. By following generally accepted accounting principles, contributed services were only recognized for those services that created or enhanced nonfinancial assets or required specialized skills, were provided by individuals possessing those skills, and would have been purchased if not provided by donation. As such, some nonprofits were not recognizing any services provided by an affiliate within their financial statements. ASU 2013-06 was enacted to resolve this diversity and ensure all services received by affiliated entities are being recorded consistently by receiving nonprofits.

ASU 2013-06 requires a recipient nonprofit to recognize all services received from personnel of an affiliate that directly benefit the recipient nonprofit. Those services should be measured at the cost recognized by the affiliate for the personnel providing those services (compensation and payroll-related fringe benefits). However, if measuring a service received from personnel of an affiliate at cost will significantly overstate or understate the value of the service received, the recipient nonprofit may elect to recognize that service received at either (1) the cost recognized by the affiliate for the personnel providing that service or (2) the fair value of that service.

ASU 2013-06 does not prescribe presentation guidance for the increase in net assets associated with services received from personnel of an affiliate other than prohibiting reporting it as a contra expense or a contra-asset. Therefore, it is reasonable to conclude that recipient nonprofits will record the increase in net assets associated with the services received as contribution revenue and report the corresponding decrease in net assets similar to how other such expenses are reported.

If you believe ASU 2013-06 applies to your nonprofit, consider coordinating with your affiliate’s management now to obtain the necessary accounting data in order to properly record the value of the services performed, because a little chemistry and consistency go a long way in preparing fair and accurate financial statements.

Contact Us

For additional information on Reporting of Services Rendered from Personnel of an Affiliate, or our nonprofit services,  please contact Belfint Lyons & Shuman at 302-225-0600, or click here to contact us.

Posted by: Maria T. Hurd, CPA | March 13, 2014

Does your ERISA 403(b) Plan need a financial statement audit?

Posted by Maria T. Hurd, CPA

403b Plan ChecklistChecklist for Counting Participants as of the Beginning of the Year

Many nonprofits who sponsor ERISA 403(b) plans are not aware that they need an audit, because counting participants involves much more than knowing how many full-time employees the organization has or how many account balances are in the plan. Especially in the case of nonprofit organizations, the universal availability rules and the ability to exclude certain contracts pursuant to DOL Field Assistance Bulletin 2010-1 add a layer of complexity that requires the employer to give careful consideration to the participant count.

To assist 403(b) plan sponsors in computing an accurate participant count as of the beginning of each year, we have created the following step- by-step checklist:

________ Enter Number of Forms W-2 issued in the Prior Year
+ ________ Enter Number of Terminated Employees With a Balance in the Plan
= ________ Total: If this total is greater than 120, please continue.
- ________ Subtract: <Excluded employees per the plan document as applicable>
- ________ 1) Number of employees who normallywork less than 20 hours per week:
a) For first year of employment, does the er reasonably expect the employee to work less than 1,000 hours
b) For subsequent years, if the employee worked less than 1,000 hour in the previous year
- ________ 2) Employees who had not met the plan’s eligibility requirements as of the end of the Prior Year
- ________ 3) Identify excludible contracts pursuant to DOL’s Field Assistance Bulletin as follows:
a) contract issued to a current or former employee before January 1, 2009
b) employer ceased   contributions and has no obligation to contribute to the contract before   January 1, 2009
c) the individual owner of the contract can exercise all rights and benefits under the contract without the employer’s involvement
d) the individual owner of the contract is fully vested in the contract or account
= ________ Subtotal: Total Number of eligible participants as of December 31st of the Prior Year
+ ________ Add: Newly Eligible participants whose entry date was January 1
= ________ Total:If this number is greater than 120, this plan definitely needs an audit for the plan year beginning January 1.
If this number is between 80 and 120 participants, please refer to our blog regarding the 80-120 rule

 

Each step on the list above results from specific legislation regarding the correct way for a 403(b) to count its participants as of the beginning of the year.  An accurate participant count is an important first step in determining whether an ERISA plan needs to attach audited financial statements to their Form 5500. Large ERISA plans must engage an independent qualified public accountant (IQPA) to audit the plan’s financial statements.  Most small plans are not required to have audited financial statements. For more detail on the rules affecting each step of this determination, please refer to our previous blog entries:

Counting Participants is not as easy as 1, 2, 3! – From The Art of the Qualified Plan Audit

403(b) Plans: Universal Availability Exclusions – From The Art of the Qualified Plan Audit

Field Assistance Bulletin No. 2010-01 – From the United States Department of Labor

A Nonprofit’s Guide to Navigating the ERISA Audit Requirements – From The Belfint Nonprofit Ledger

I don’t want to grow up, I want to be a small plan! – From The Art of the Qualified Plan Audit

BLS is available to assist any ERISA 403(b) plan sponsors who need assistance with this complicated determination. Contact me at 302.225.0600 or mhurd@belfint.com.

 

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