One of the worst-case estate planning scenarios for any family is in-fighting which results from avoidance of estate planning conversations. Often this avoidance arises from not wanting to risk offending a relative.
I’ve known some couples who haven’t been able to agree on an important decision, such as who will take care of the children in the event of them both passing. Since they can’t reach an agreement they decide to bypass the conversation entirely and leave their children without a legal guardian. Which is, of course, the worst possible decision of all!
How you communicate your wishes to your family depends entirely on the family dynamic. One interesting concept I’ve heard of for family heirloom-decisions is to give your beneficiaries monopoly money and have them bid against each other for different items in an auction format. While that could make for a fun (albeit competitive) game night, it’s important that your loved one realize the importance and finality of an estate plan.
No matter how you determine decisions such as property dispersal, a professional estate planner can help you fully understand all the implications of your estate plan.
I’ve seen variations of this potentially tricky situation many times.
Three brothers grow up on a farm. Eventually, two of the brothers moved to the city while the third continued to run the farm’s operations. When their parents passed away, the third brother who had managed the farm, inherited the entire property while the brothers received none of the farm assets. As you can imagine, even if two of the brothers were not actively involved in the farm’s operations, if the parents died without discussing the estate arrangement with all of their children conflict could ensue between the siblings.
Then consider if the parents in this scenario divided out the farm assets between the brothers, whether or not they had a hand in helping manage the property. The brother who actually, actively manages the farm may feel slighted. Either way, such situations are made thorny when there’s no upfront, clear communication.
Bottom Line
Estate planning can be an extremely difficult decision-making process. It is something that should be discussed with your loved ones, family members, and beneficiaries, especially when your choices may take them by surprise. Help everyone — yourself included — achieve peace of mind by seeking professional help to draft a sturdy estate plan. And then your estate planner can help you communicate your decisions to your loved ones.
https://www.gordonfischerlawfirm.com/wp-content/uploads/2017/05/Screen-Shot-2018-09-16-at-4.42.03-PM.png652994Gordon Fischerhttps://www.gordonfischerlawfirm.com/wp-content/uploads/2017/05/GFLF-logo-300x141.pngGordon Fischer2020-04-15 22:50:392020-05-18 11:28:32The Importance of Discussing Your Estate with Your Family
Most people have Tax Day earmarked in their minds like a birthday or federal holiday (typically it’s April 15, although with the nationwide COVID-19 pandemic the IRS pushed the due date for filing income taxes back to July 15, 2020). Nonprofit leaders should have another day highlighted on their calendars for the next few years: when the annual reporting return, Form 990, is due.
Tax-exempt nonprofit organizations don’t pay federal taxes (obviously from the “tax-exempt” category), but the IRS still requires certain information in order to evaluate organizations on details like programs, finances, governance, and mission. It’s a way of confirming that tax-exempt entities are still qualified to operate without paying federal taxes. Form 990s are also made available to the public so there’s also accountability and transparency involved.
Due date?
So, when is Form 990 due exactly? It depends on the end of your organization’s taxable year; the form is usually due the 15th of the fifth month after the organization’s taxable year. For most tax-exempt organizations that follow the typical calendar year (January 1 through December 31), this means Form 990 is due on May 15 every year.
However, on April 9, 2020, the IRS issued Notice 2020-23, which granted nonprofits and foundations the opportunity to extend the filing due date out to July 15, 2020. Taxes owed with Form 990-PF and Form 990-T are also due at the time of the filing. Additionally, Form 8868, “Application for Automatic Extension of Time to File an Exempt Organization Return,” can be filed to request an additional extension until November 15, 2020. Note that
What happens if there’s a failure to file?
Just like if you fail to file your income taxes there are repercussions, if an organization is required to file Form 990 and fails to for three consecutive years, the IRS will automatically revoke tax-exempt status. That’s right, no questions, no appeal process, just revocation in accordance with the law. Timely submission of Form 990 also can help your nonprofit organization avoid filing additional documents and certain user fees.
If your nonprofit’s tax-exempt status is revoked, then the organization will have to pay corporate income tax on annual revenue. Additionally, the organization may be subject to penalties and back taxes if the revocation date was in the previous tax year. The nonprofit will then lose any state tax exemptions that were dependent on federal tax-exempt status. (Common examples of such state tax exemptions are property, income, and sales/use taxes.) Of course, the organization will no longer be able to receive tax-deductible charitable contributions and, accordingly, donors will no longer be able to receive the federal income charitable deductions for any gifts post-revocation date. Losing tax-exempt status will also disqualify the nonprofit from receiving many private foundations’ grants.
Form 990 is over 10 pages (not including additional schedules and written attachments) so your organization should get jump start on the process. The best way to be prepared, year after year, is to have updated and applicable policies asked about on the form readily available to be referenced. I’m offering a great deal that features 10 policies related to Form 990 for $990. The rate includes a comprehensive consultation and full review round.
Any questions about when your nonprofit specifically needs to file, or want to discuss how the “10 for 990” special could work for you? Contact me at any time via email or by phone (515-371-6077).
https://www.gordonfischerlawfirm.com/wp-content/uploads/2018/02/szucs-laszlo-91030-unsplash.jpg30724608Gordon Fischerhttps://www.gordonfischerlawfirm.com/wp-content/uploads/2017/05/GFLF-logo-300x141.pngGordon Fischer2020-04-13 12:15:142020-05-18 11:28:32When do Nonprofits Need to File Form 990 in 2020
While many nonprofit operations have shifted in some way or another during COVID-19, organizations do need to prep for a post-pandemic world. An ad hoc approach or reliance on what worked in the past may no longer be a strategic path forward.
I love the opportunity to speak with nonprofit boards of all sizes to help them govern the charitable organization in mission fulfillment in the utmost ethical and legal manner possible. While we can’t get together in the present due to public health concerns, leaders who are thinking ahead will want to schedule such trainings well in advance.
I highly recommend organizations of all sizes host training for their board members regarding their ten basic responsibilities, individually and collectively, within the broader context of modern best practices. I provide a two-hour training/orientation on these ten basic responsibilities, and the information below is intended as a simplified summary of this training.
Tailored Presentations
My live training session can be tailored to the nonprofit’s specific size, needs, and experience. The training includes an engaging visual presentation, handouts, and plenty of time for questions and discussion. Slides will also be sent out to attendees following the training. The following is a brief outline of the information I would present to the board.
10 Basic Responsibilities of Nonprofit Board Members
The ten basic responsibilities of nonprofit board members are as follows:
Determine the organization’s mission, vision, objectives, and goals, and then advocate for them.
The board is responsible for ensuring’s mission, vision, objectives, and goals are plainly stated, embraced by all, and enthusiastically supported.
The board’s ability to recruit, support, reasonably compensate, and retain effective staff, especially the executive director, will be a crucial factor in the nonprofit’s success.
No matter how talented and experienced, employees need to clearly know their rights and responsibilities, through written policies and procedures, such as an employee handbook, employee agreement(s), and regular, formal performance review(s).
Adopt “best practice” policies and procedures.
The IRS requires certain information from your organization to be submitted annually via Form 990 “Return of Organization Exempt From Income Tax.” To that point, the 990 asks nonprofits about policies and procedures that help ensure the nonprofit is conducting business in a transparent way that’s consistent with their exempt purposes. Specific governance policies encouraged by the IRS limit potential abuse, protect against vulnerabilities and prevent activities that would go beyond permitted nonprofit activities.
Through planning, the board and staff translate the nonprofit’s mission into objectives and goals, used to focus resources and energy.
The board is responsible for actively participating in and approving decisions that set the nonprofit’s strategic direction.
Monitor and strengthen programs and services.
Given limited funds, but unlimited demands on those funds, the board ultimately must decide among competing priorities.
What the nonprofit actually does, and how well it does it, should guide all board inquiries.
Ensure adequate financial resources.
A nonprofit can only be as effective as its financial resources.
Although much can and should be expected of the staff, the board is chiefly responsible for ensuring it has the funds it needs and that the organization does not spend beyond its means.
Provide financial oversight.
Safeguarding organizational assets is one of the most important board functions.
Build and sustain a competent board.
A major issue the board and executive director need to answer is: How should we define the ideal mix and number of professional skills, backgrounds, experience, demographics, and other characteristics we should seek in our board members?
Board members must set and persistently articulate the level of expectation that they will hold themselves and the organization to.
The organization’s reputation and public standing require everyone to take three watchwords seriously: compliance, transparency, and accountability.
Compliance
The term “compliance” is simply shorthand for the regulatory and legal requirements imposed by the government and regulatory bodies at local, state, and federal levels that are considered part of a board’s fiduciary responsibility.
Transparency
Nonprofit organizations are expected to routinely and openly share more, and more complete, information to the media and the public about their financial condition, major activities, and staff compensation. A charitable nonprofit should make certain information about its operations, including its governance, finances, programs, and activities, widely available to the public.
Accountability
Although the board sets and periodically assesses the adequacy of major organizational policy, accountability measures ordinarily and appropriately fall to management. But the board needs to consistently ensure the organization is accountable to those who it serves, those who support it, and to the greater community.
Board members serve as a link – the vital link – between the nonprofit and its board members, donors, potential donors, employees, volunteers, other stakeholders, and the community at large.
Board members should think of themselves as the nonprofit’s foremost advocates and ambassadors, hopefully, even after they leave the board!
Training Beneficial for New and Continuing Members
The “ten basics: as set forth above, tends to be an important training I recommend for all nonprofit boards and both new and returning board members. However, if your board is in need of a different training related to a specific aspect of organizational governance, such as governing midst the consequences of COVID-19, I can tailor the training accordingly. Most importantly, the training needs to be applicable and appropriate for your individual board.
Let’s Discuss What Your Organization Needs
Interested in hosting a two-hour training containing content individualized to your organization? That’s great and we can look to a date when we expect to no longer be social distancing and quarantining.
Generally, I charge a flat fee and this fee means no surprises for you or your budget. I’m also very conscious of pervasive budget constraints and will work with you and your budget.
The fee includes as many conferences as needed in preparation, materials during and following the training, and an active Q&A session throughout the training.
https://www.gordonfischerlawfirm.com/wp-content/uploads/2019/01/Screen-Shot-2019-01-14-at-10.33.14-PM.png6731019Gordon Fischerhttps://www.gordonfischerlawfirm.com/wp-content/uploads/2017/05/GFLF-logo-300x141.pngGordon Fischer2020-04-11 21:48:322020-05-18 11:28:32Be a Better Board: Training on 10 Basic Responsibilities of Nonprofit Boards
The Importance of Discussing Your Estate with Your Family
Estates & Estate PlanningOne of the worst-case estate planning scenarios for any family is in-fighting which results from avoidance of estate planning conversations. Often this avoidance arises from not wanting to risk offending a relative.
I’ve known some couples who haven’t been able to agree on an important decision, such as who will take care of the children in the event of them both passing. Since they can’t reach an agreement they decide to bypass the conversation entirely and leave their children without a legal guardian. Which is, of course, the worst possible decision of all!
How you communicate your wishes to your family depends entirely on the family dynamic. One interesting concept I’ve heard of for family heirloom-decisions is to give your beneficiaries monopoly money and have them bid against each other for different items in an auction format. While that could make for a fun (albeit competitive) game night, it’s important that your loved one realize the importance and finality of an estate plan.
No matter how you determine decisions such as property dispersal, a professional estate planner can help you fully understand all the implications of your estate plan.
Tricky Family Situations
I’ve seen variations of this potentially tricky situation many times.
Three brothers grow up on a farm. Eventually, two of the brothers moved to the city while the third continued to run the farm’s operations. When their parents passed away, the third brother who had managed the farm, inherited the entire property while the brothers received none of the farm assets. As you can imagine, even if two of the brothers were not actively involved in the farm’s operations, if the parents died without discussing the estate arrangement with all of their children conflict could ensue between the siblings.
Then consider if the parents in this scenario divided out the farm assets between the brothers, whether or not they had a hand in helping manage the property. The brother who actually, actively manages the farm may feel slighted. Either way, such situations are made thorny when there’s no upfront, clear communication.
Bottom Line
Estate planning can be an extremely difficult decision-making process. It is something that should be discussed with your loved ones, family members, and beneficiaries, especially when your choices may take them by surprise. Help everyone — yourself included — achieve peace of mind by seeking professional help to draft a sturdy estate plan. And then your estate planner can help you communicate your decisions to your loved ones.
Have questions? Need more information?
A great place to get started with your estate plan is with my free (no obligation) Estate Plan Questionnaire or feel free to reach out at any time.
When do Nonprofits Need to File Form 990 in 2020
NonprofitsMost people have Tax Day earmarked in their minds like a birthday or federal holiday (typically it’s April 15, although with the nationwide COVID-19 pandemic the IRS pushed the due date for filing income taxes back to July 15, 2020). Nonprofit leaders should have another day highlighted on their calendars for the next few years: when the annual reporting return, Form 990, is due.
Tax-exempt nonprofit organizations don’t pay federal taxes (obviously from the “tax-exempt” category), but the IRS still requires certain information in order to evaluate organizations on details like programs, finances, governance, and mission. It’s a way of confirming that tax-exempt entities are still qualified to operate without paying federal taxes. Form 990s are also made available to the public so there’s also accountability and transparency involved.
Due date?
So, when is Form 990 due exactly? It depends on the end of your organization’s taxable year; the form is usually due the 15th of the fifth month after the organization’s taxable year. For most tax-exempt organizations that follow the typical calendar year (January 1 through December 31), this means Form 990 is due on May 15 every year.
However, on April 9, 2020, the IRS issued Notice 2020-23, which granted nonprofits and foundations the opportunity to extend the filing due date out to July 15, 2020. Taxes owed with Form 990-PF and Form 990-T are also due at the time of the filing. Additionally, Form 8868, “Application for Automatic Extension of Time to File an Exempt Organization Return,” can be filed to request an additional extension until November 15, 2020. Note that
What happens if there’s a failure to file?
Just like if you fail to file your income taxes there are repercussions, if an organization is required to file Form 990 and fails to for three consecutive years, the IRS will automatically revoke tax-exempt status. That’s right, no questions, no appeal process, just revocation in accordance with the law. Timely submission of Form 990 also can help your nonprofit organization avoid filing additional documents and certain user fees.
What happens if tax-exempt status is revoked?
If your nonprofit’s tax-exempt status is revoked, then the organization will have to pay corporate income tax on annual revenue. Additionally, the organization may be subject to penalties and back taxes if the revocation date was in the previous tax year. The nonprofit will then lose any state tax exemptions that were dependent on federal tax-exempt status. (Common examples of such state tax exemptions are property, income, and sales/use taxes.) Of course, the organization will no longer be able to receive tax-deductible charitable contributions and, accordingly, donors will no longer be able to receive the federal income charitable deductions for any gifts post-revocation date. Losing tax-exempt status will also disqualify the nonprofit from receiving many private foundations’ grants.
Be prepared for the filing date!
Form 990 is over 10 pages (not including additional schedules and written attachments) so your organization should get jump start on the process. The best way to be prepared, year after year, is to have updated and applicable policies asked about on the form readily available to be referenced. I’m offering a great deal that features 10 policies related to Form 990 for $990. The rate includes a comprehensive consultation and full review round.
Any questions about when your nonprofit specifically needs to file, or want to discuss how the “10 for 990” special could work for you? Contact me at any time via email or by phone (515-371-6077).
Be a Better Board: Training on 10 Basic Responsibilities of Nonprofit Boards
NonprofitsWhile many nonprofit operations have shifted in some way or another during COVID-19, organizations do need to prep for a post-pandemic world. An ad hoc approach or reliance on what worked in the past may no longer be a strategic path forward.
I love the opportunity to speak with nonprofit boards of all sizes to help them govern the charitable organization in mission fulfillment in the utmost ethical and legal manner possible. While we can’t get together in the present due to public health concerns, leaders who are thinking ahead will want to schedule such trainings well in advance.
I highly recommend organizations of all sizes host training for their board members regarding their ten basic responsibilities, individually and collectively, within the broader context of modern best practices. I provide a two-hour training/orientation on these ten basic responsibilities, and the information below is intended as a simplified summary of this training.
Tailored Presentations
My live training session can be tailored to the nonprofit’s specific size, needs, and experience. The training includes an engaging visual presentation, handouts, and plenty of time for questions and discussion. Slides will also be sent out to attendees following the training. The following is a brief outline of the information I would present to the board.
10 Basic Responsibilities of Nonprofit Board Members
The ten basic responsibilities of nonprofit board members are as follows:
Compliance
The term “compliance” is simply shorthand for the regulatory and legal requirements imposed by the government and regulatory bodies at local, state, and federal levels that are considered part of a board’s fiduciary responsibility.
Transparency
Nonprofit organizations are expected to routinely and openly share more, and more complete, information to the media and the public about their financial condition, major activities, and staff compensation. A charitable nonprofit should make certain information about its operations, including its governance, finances, programs, and activities, widely available to the public.
Accountability
Although the board sets and periodically assesses the adequacy of major organizational policy, accountability measures ordinarily and appropriately fall to management. But the board needs to consistently ensure the organization is accountable to those who it serves, those who support it, and to the greater community.
Training Beneficial for New and Continuing Members
The “ten basics: as set forth above, tends to be an important training I recommend for all nonprofit boards and both new and returning board members. However, if your board is in need of a different training related to a specific aspect of organizational governance, such as governing midst the consequences of COVID-19, I can tailor the training accordingly. Most importantly, the training needs to be applicable and appropriate for your individual board.
Let’s Discuss What Your Organization Needs
Interested in hosting a two-hour training containing content individualized to your organization? That’s great and we can look to a date when we expect to no longer be social distancing and quarantining.
Generally, I charge a flat fee and this fee means no surprises for you or your budget. I’m also very conscious of pervasive budget constraints and will work with you and your budget.
The fee includes as many conferences as needed in preparation, materials during and following the training, and an active Q&A session throughout the training.
To discuss further, please don’t hesitate to contact me via email (gordon@gordonfischerlawfirm.com) or on my cell (515-371-6077).