TM
We teach new dogs old tricksSCORE is a resource partner of the U.S. Small Business Administration
Serving Medina, Portage, Summit & Wayne Counties
Your success.Powered by
One Cascade PlazaAkron, OH 44308
330-379-31631-877-AKSCORE
Not-For-Profit BasicsNot-For-Profit Basics
Ref: Not for Profit – 10/27/09
The Key Steps to Buildinga Successful Organization
TM
We teach new dogs old tricks
Part 1 Akron SCORE®
Part 2 NOT-FOR-PROFIT vs. FOR-PROFIT
Part 3 NOT-FOR-PROFIT as a Business
Part 4 Setting Up a NOT-FOR-PROFIT
SCORE’s Mission StatementSCORE’s Mission Statement
Stimulate the Greater Akron economy, which includesSummit, Medina, Portage and Wayne Counties, by using the business knowledge and skillsof our volunteers to successfully guide and lead entrepreneurs and existing small businessestoward their goals. TM
3We teach new dogs old tricks
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SCORE®SCORE®
■ Resource Partner with SBA
■ 11,500 volunteers — 390 chapters
■ Small Business mentoringand advice– Face-to-face or e-mail counseling
■ Skills in business planning, strategies for growth, and all aspects of business operations
■ Business workshops forstart-up and existing businesses
■ 70+ volunteer Counselors
■ 40+ years of service to the business community
■ 3,000 client services per year– 40% follow-on mentoring
relationships
– 60% existing businesses counseled
■ Satellite locations: Kent State University, Wayne College, Medina Economic Development Corp.
Nationwide Akron SCORE
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Counseling &Business Workshops
Counseling &Business Workshops
■ Free and confidential
■ Long-term follow-up at a SCORE location, business or a convenient place
■ Skill Sets:
- Accounting- Advertising- Bidding & Estimating- Buy & Sell- Cash Management- Community Relations- Computer Applications- Construction- Credit & Collection
- Education- Engineering- Environmental- Financial Analysis- Franchising- Human Resources- Insurance- International Import/
Export
- Inventory Management- Leasing- Marketing & Sales- Patents- Product Development- Public Relations- Research & Development- Sales- Taxation
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♦ Business Basics
♦ Marketing on a Mini Budget
♦ Business Plan
♦ Great Customer Service
♦ Leadership & Management
♦ Financial Management
♦ Not for Profit
♦ Resume Writing
– Day & evening workshops
– Various locations
– Customized presentations
– All services areFREE & CONFIDENTIAL
Workshops OfferedWorkshops Offered
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We teach new dogs old tricks
NOT-FOR-PROFIT
vs. FOR-PROFIT
Part 2
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For-ProfitsProduce, market and sell products or servicesto make money for owners and investors
NOT-FOR-PROFIT vs. FOR-PROFITSNOT-FOR-PROFIT vs. FOR-PROFITS
Not-For-ProfitsProduce, market and sell products or servicesto improve the community
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Characteristics of aFOR-PROFIT Business
Characteristics of aFOR-PROFIT Business
■ Privately or publicly (stock) owned
■ Income/profit benefits the owners
■ Governed by the owners
■ May be bought and soldwith profits of sales going to the owners
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Characteristics of a NOT-FOR-PROFIT Business
Characteristics of a NOT-FOR-PROFIT Business
■ Community ownership. No private interest. No stock.
■ No one may personally benefit from the earnings(board members, employees or volunteers)
■ Income/profit must go back into the business
■ Governed by a Board of Trustees/Directors (representatives of the community)
■ Can never be sold for a profit. If the organization goes out of business, the profit (if any) from sales must go to another Not-For-Profit
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Profit must go back into services of the organization
Profit allows the Not-For-Profit organization to operate effectively
Profit allows the Not-For-Profit to reinvest in services
MYTH: Not-For-Profits may not make money.MYTH: Not-For-Profits may not make money.
FACT: Not-For-Profits not only can, but SHOULD make a profit.FACT: Not-For-Profits not only can, but SHOULD make a profit.
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Not All NOT-FOR-PROFITS Are CharitiesNot All NOT-FOR-PROFITS Are Charities
■ Services organizations (Kiwanis, Rotary, Elks…)
■ Educational organizations■ Religious organizations■ Scientific organizations■ Business leagues■ Chambers of Commerce■ Social clubs■ Labor organizations
Examples of Not-For-Profit organizationsthat are NOT charities
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NOT-FOR-PROFIT Organizations
Advantages
NOT-FOR-PROFIT Organizations
Advantages■ Tax exemption
■ Deductibility of donations
■ Grants
■ Lower costs
■ Tax exempt bonds
■ Lower postage rate for bulk mailings
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■ Loss of control
■ Limited purpose
■ Lobbying activities are limited
■ Public scrutiny
■ Not-For-Profit reporting requirements are more extensive than required of For Profits (grant reporting)
NOT-FOR-PROFIT Organizations
Disadvantages
NOT-FOR-PROFIT Organizations
Disadvantages
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We teach new dogs old tricks
NOT-FOR-PROFIT
as a BUSINESS
Part 3
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NOT-FOR-PROFITS are BusinessesNOT-FOR-PROFITS are Businesses
■ Legal entity
■ Must be incorporated in the state
■ Must obtain Federal ID (Federal Tax) Number
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FOR-PROFIT Laws Apply
(excepting Taxes)
FOR-PROFIT Laws Apply
(excepting Taxes)
■ Personnel Laws & Regulations, etc.– Personnel Manual/Personnel Policies
– Job Descriptions– Paid Positions– Volunteer Positions– Board Officers – Salary Schedules
■ EEO (Equal Employment Opportunity)
■ OSHA (Occupational Safety…)
■ Insurance Laws & Taxes
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■ Occupancy Permit– Zoning
– Facilities must meet local, state & federal regulations
■ Local, State & Federal License & Certifications, Food License
■ Annual Meeting of the Board
■ Annual Audit of Finances
■ Minutes of all Board & Committee Meetings
(continued)
FOR-PROFIT Laws Apply
(excepting Taxes)
FOR-PROFIT Laws Apply
(excepting Taxes)
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NOT-FOR-PROFITS
Do Not Pay
NOT-FOR-PROFITS
Do Not Pay
■ Federal taxes
■ State taxes
■ Local taxes
■ Sales taxes
■ Corporate taxes
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All NOT-FOR-PROFITSMust Pay These
Taxes
All NOT-FOR-PROFITSMust Pay These
Taxes■ Local assessments (water, street cleaning, etc.)
■ Social Security taxes
■ Workers Compensation taxes
■ Unemployment taxes
■ Employee income taxes (withholding)
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Unrelated Business Income Tax
(UBIT)
Unrelated Business Income Tax
(UBIT)
■ Income from any activity not related to the mission of the organization
■ Income in excess of $1,000
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■ Owner/Manager inexperience…– in the specific line of business– in management
■ Owner/Manager inability…– to manage tasks– to manage others
■ Costs…– underestimated
■ Cash Flow…– not understood or not watched
INADEQUATEBUSINESSPLANNING
INADEQUATEBUSINESSPLANNING
Why Businesses Fail(9 out of 10 cases)
Why Businesses Fail(9 out of 10 cases)
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We teach new dogs old tricks
Setting upthe NOT-FOR-PROFIT
Part 4
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BEFORE Filing for NOT-FOR-PROFIT Designation
BEFORE Filing for NOT-FOR-PROFIT Designation
■ Put together your Board of Trustees
■ Define the Mission
■ Define the services to achieve the Mission
■ Define the population of service
■ Develop a 3-year budget
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Define Your Mission(Its Purpose & Key Activities)
Define Your Mission(Its Purpose & Key Activities)
■ Research the community– Who else has a similar mission?
– Is there any other organization/group with whichto partner?
– Who is going to compete with you for money?
– Are others providing the same or similar services?
■ What is your niche going to be?
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Define your Service(s) or Product Define your Service(s) or Product
■ What are you going to do?
■ How are you going to do it?
■ Where are you going to do it?
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Define the populationto be served
Define the populationto be served
■ Population (adults, teens, children?)■ Age■ Geographic area(s)■ Income status■ Problems/Needs■ What are the needs of your customer base?■ Where will they come from?■ How are you going to make contact with them?■ Determine qualifications of staff needed to serve
the population
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Develop a 3-Year BudgetDevelop a 3-Year Budget
■ Determine start-up funding needs
■ Define annual expense needs
■ Define sources of income
■ Determine the sources of ongoing income
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Filings with Ohio Secretary of State
Filings with Ohio Secretary of State
■ Articles of Incorporation– Defines who you are and what you do
■ Bylaws/Code of Regulations– Defines how the organization will be governed
■ Filings with the Internal Revenue Service– Application for tax-exempt status (501(c)(3)
– File after Ohio Secretary of State applications submitted
GOVERNANCE
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We teach new dogs old tricks
Setting up the NOT-FOR-PROFIT
Part 4 (continued)
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Setting Up the NOT-FOR-PROFIT
Setting Up the NOT-FOR-PROFIT
■ Number– No legally required number
– Enough to do the work of the Board
– Odd Number
■ No relatives
■ Term limits for members of the Board– Staggered terms
Board of Directors/Trustees
GOVERNANCE
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Setting Up the NOT-FOR-PROFIT
Setting Up the NOT-FOR-PROFIT
■ Committed to Mission
■ Willing to give of their time, talent & money
■ Able to influence others
■ Have community contacts
■ Knowledge of Not-For-Profit board operations
■ Willing to learn
■ Willing to raise money
Expectations of Good Board Members
GOVERNANCE
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Setting Up the NOT-FOR-PROFIT
Setting Up the NOT-FOR-PROFIT
■ Governance of the organization
■ Establishes agency policy, goals & objectives
■ Hires/Fires the Executive
■ Sets salary of Executive
■ Evaluates performance of Executive
■ Evaluates agency performance againstset goals and objectives
■ Decisions of the Board are collective decisions
Duties of the Board
GOVERNANCE
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Setting Up the NOT-FOR-PROFIT
Setting Up the NOT-FOR-PROFIT
■ Board members are going to make the rules — pick them carefully
■ Board is the ultimate boss
■ Board hires and fires the executive
■ You cannot get rid of the Board — only the Board can get rid of Board members
■ No relatives — No friends unless they can contribute specific expertise (be careful)
■ Avoid conflicts of interest/have a disclosure policy & process
Picking Board Members / General Principles
GOVERNANCE
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Setting Up the NOT-FOR-PROFIT
Setting Up the NOT-FOR-PROFIT
■ Try to find people who have experience with Not-For-Profit boards■ Accountants/Not the same person as the auditor■ Lawyers■ Bankers■ Marketing■ Public Relations■ Insurance■ Business■ Mentors & Advisors■ Involved Community Volunteer
Pick people who can contribute expertise
GOVERNANCE
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Setting Up the NOT-FOR-PROFIT
Setting Up the NOT-FOR-PROFIT
■ President
■ Vice President
■ Treasurer
■ Secretary
Officers
GOVERNANCE
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■ Governance Committees– Finance & Audit
– Planning & Evaluation
– Nominating
■ Operating Committees– Marketing/Public Relations
– Fundraising
– Personnel
Setting Up the NOT-FOR-PROFITSetting Up the NOT-FOR-PROFIT
Board Committees
GOVERNANCE
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■ Clearly define (in writing) the roles of each in the Bylaws
■ Define the duties of each officer in the Bylaws
Setting Up the NOT-FOR-PROFITSetting Up the NOT-FOR-PROFIT
Roles of Board & Staff
GOVERNANCE
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■ Board should meet as often as is necessaryfor the work of the organization– Minimum number: 4 meetings per year
– Could meet monthly — must meet annually
■ Date, time, place established to maximize attendance
■ Agenda and supporting materials sent ahead of meeting
Setting Up the NOT-FOR-PROFITSetting Up the NOT-FOR-PROFIT
Meetings (written in the Bylaws of the Corporation)
GOVERNANCE
Setting Up the NOT-FOR-PROFITSetting Up the NOT-FOR-PROFIT
GOVERNANCE
Meetings (written in the Bylaws of the Corporation)
Setting Up the NOT-FOR-PROFITSetting Up the NOT-FOR-PROFIT
GOVERNANCE
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■ No governance responsibility
■ Do make recommendations to the Board
■ For specific advisory purposes and projects
■ Retired trustees or members of specific interest groups or skills
■ Persons of influence
Advisory Boards
Setting Up the NOT-FOR-PROFITSetting Up the NOT-FOR-PROFIT
GOVERNANCE
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Most boards are Policy boards. However, those boards without staff also become Operations Boards. In this case, Board Members take on the day-to-day responsibilities normally performed by paid staff.
Policy vs. Operations
Setting Up the NOT-FOR-PROFITSetting Up the NOT-FOR-PROFIT
GOVERNANCE
MANAGEMENT
TM
We teach new dogs old tricks
Setting up the NOT-FOR-PROFIT
Part 4 (continued)
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■ Answers to the Board■ Does not serve on the Board
other than as ex-officio — should not vote
■ Implements Board policy■ Staffs all Board committees■ Implements agency programs
and services■ Responsible for management
issues
Role of the Executive/CEO
Setting Up the NOT-FOR-PROFITSetting Up the NOT-FOR-PROFIT
MANAGEMENT
■ Conducts or supervisesall daily agency operations
■ Hires/Fires all other employees
– Employees must meet standards of certification/licensure
– Must be citizens or legal aliens– Must be bonded– Professional liability
■ Pays bills
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■ Start with an accurate job description■ Create an attractive job environment■ Creative classified ads■ Go for the best that will grow the business■ Hire the disabled■ Part-time, part-time job share, part-time older■ Motivating the applicant■ Check previous employment
Hire Great Employees
Setting Up the NOT-FOR-PROFITSetting Up the NOT-FOR-PROFIT
MANAGEMENT
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■ Use the job description
■ Initial and follow-up training
■ Communicate the business image, goals and mission
■ Answering the phone
■ How to handle the price question
Train Great Employees
Setting Up the NOT-FOR-PROFITSetting Up the NOT-FOR-PROFIT
MANAGEMENT
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■ Pass on the passion and dreams
■ Make the employee feel that he/she is important to the success of the business
■ Give responsibility and authority
■ Monitor job performance
■ Adequate compensation
■ Customer feedback
Motivating & Leading Employees
Setting Up the NOT-FOR-PROFITSetting Up the NOT-FOR-PROFIT
MANAGEMENT
OPERATION
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We teach new dogs old tricks
Setting up the NOT-FOR-PROFIT
Part 4 (continued)
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■ Have a file or notebook of all policies established by the Board
■ Written statement of policy
■ Procedures for implementation
■ Title/position of the person(s) responsible for implementation
■ Date policy was approved by the Board(also in the Minutes)
Policies
Setting Up the NOT-FOR-PROFITSetting Up the NOT-FOR-PROFIT
OPERATION
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■ Organization money MUST be separate from any personal money
■ Checking and savings accounts must be organization accounts — not personal
■ Finance committee of the Board oversees organization finances
■ Executive/CEO or other staff prepare budgets for review by the Board
Finances
Setting Up the NOT-FOR-PROFITSetting Up the NOT-FOR-PROFIT
OPERATION
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■ Keep written minutes of all finance meetings
■ The organization must operate within the budget. Executives should assure this. Board must review and affirm it
■ Annual Audit — completed by outside accountant chosen by the Board
Finances (continued)
Setting Up the NOT-FOR-PROFITSetting Up the NOT-FOR-PROFIT
OPERATION
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■ Fees & Dues
■ Government Fees
■ Government Contract Income
■ Private Contributions
■ Foundation Grants
Budget Income
Setting Up the NOT-FOR-PROFITSetting Up the NOT-FOR-PROFIT
OPERATION
■ Government Grants
■ Investment Income
■ Special Events
■ In-Kind Income
■ Other Income
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Budget Expenses
Setting Up the NOT-FOR-PROFITSetting Up the NOT-FOR-PROFIT
OPERATION
■ Salaries
■ Benefits
■ Taxes
■ Housing Costs(rent, utilities, maintenance, etc.)
■ Insurance Costs
■ Office Costs
■ Public Relations & Marketing
■ Legal Costs
■ Accounting
■ Audit
■ Program & Operating Costs
■ Fundraising
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■ General Liability
■ Directors & Officers Liability
■ Professional Liability
■ Building & Equipment
■ Health Care Insurance for Employees
■ Business Interruption Insurance
■ Workers Comp
■ Unemployment
Insurances
Setting Up the NOT-FOR-PROFITSetting Up the NOT-FOR-PROFIT
OPERATION
FINANCIAL SUPPORT
TM
We teach new dogs old tricks
Setting up the NOT-FOR-PROFIT
Part 4 (continued)
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■ Fees charged to persons who receive the benefit(s) of your programs and services– Estimate the annual income from these fees
■ Donations– Donations must be acknowledged in writing– Designated/restricted donations– Undesignated/unrestricted donations– General operating donations– Estimate the annual amount of donations you expect
from individuals
Setting Up the NOT-FOR-PROFITSetting Up the NOT-FOR-PROFIT
FINANCIAL SUPPORT
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■ Donations greater than $250 must be provided by letter stating that nothing was given/received in exchange for the donation
■ All donations must be acknowledged in writing
■ Information filed is public information
Setting Up the NOT-FOR-PROFITSetting Up the NOT-FOR-PROFIT
FINANCIAL SUPPORT
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■ Grants (Gifts)– NO BUSINESS CAN BE RUN ON GRANTS!
– One-time contributions
– Do not expect to receive these for multiple years
– Foundation Grants (local or national) are most common
– Require a written proposal usually as defined by the foundation
– Sometimes require written reports to the foundation
Setting Up the NOT-FOR-PROFITSetting Up the NOT-FOR-PROFIT
FINANCIAL SUPPORT
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Setting Up the NOT-FOR-PROFITSetting Up the NOT-FOR-PROFIT
FINANCIAL SUPPORT
■ Proposal Writing– 20% success rate is good
– Preliminaries are a must (mission, program, description, budget, etc.)
– Research foundations which fund your mission
– Make preliminary contacts
– Request only what they will grant
– Follow foundation guidelines
– Follow-up
– Foundations share information
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■ Contracts– Agreements to buy services/products at a specified rate
– Lag time between delivery of service and payment
– Competitive
– Require a written proposal in response to a published RFP
– Time limited — may be renewable
– Can provide ongoing funds but are NOT guaranteed
– Open to public review
– Contain specific list of requirements (do’s and don’ts)
– Materials and products often belong to the government entity
Setting Up the NOT-FOR-PROFITSetting Up the NOT-FOR-PROFIT
FINANCIAL SUPPORT
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■ MATCH Requirements– Hard / Cash Match
– Soft / In-Kind Match
■ Government Contracts– Local (City or County)
– State through specific departments
– Federal
Setting Up the NOT-FOR-PROFITSetting Up the NOT-FOR-PROFIT
FINANCIAL SUPPORT
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■ Fiscal Years vary (may differ from this)– City and County – January through December
– State – July through June
– Federal – October through September
■ Unit Rates– May / May Not be negotiable
– Definition of the “Unit” varies and may be negotiable
Setting Up the NOT-FOR-PROFITSetting Up the NOT-FOR-PROFIT
FINANCIAL SUPPORT
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■ Tax Deductible Contributions
– Must be designated as a charity, 501(c)3 by the IRS (i.e., must have a letter of designation from the IRS on file)
– Charities must obtain at least 30% of their annual funds from public support (donations, in kind gifts, foundations, etc.)
– Must file annual tax return (Form 990) if revenue exceeds $25,000
– Effective May 15, 2008, Form 990-N must be filed electronicallyby organizations with revenue from $1 to $25,000
Setting Up the NOT-FOR-PROFITSetting Up the NOT-FOR-PROFIT
FINANCIAL SUPPORT
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MYTH: Not-For-Profit organizations may notengage in lobbying activities.MYTH: Not-For-Profit organizations may notengage in lobbying activities.
Lobbying is permitted by IRS, but limited to an “insubstantial” amount of time and money (5%)
FACT: Not-For-Profit organizations MAY lobby within certain limits.FACT: Not-For-Profit organizations MAY lobby within certain limits.
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LobbyingLobbying
DEFINITION:
Effort to influence legislation by influencing the opinion of legislators, legislative staff and government administrators directly involved in drafting legislative policies.
(Nonprofit Kit for Dummies by Hutton and Phillips)
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Lobbying ActivitiesLobbying Activities
■ Promoting specific candidates for office
■ Promoting specific pieces of legislation
■ Writing legislation
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Non-Lobbying ActivitiesNon-Lobbying Activities
■ Holding candidate forums including all candidates
■ Explaining your mission or services to legislators
■ Asking for general support for the mission and services of the organization
■ Advocating for the needs of your client population
■ Responding to requests from legislators for information
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ReputationReputation
■ Guard it carefully
■ Think how this or that will look in the newspaper
■ Once tarnished, it will be difficult to restore
■ Concerns– Adverse personnel actions
– Misappropriation of funds
– Deficit spending
– Failure to pay bills of any kind
– Unresolved client concern
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ReferenceReference
Nonprofit Kit for DUMMIESby Stan Hutton & Frances Phillips
One Cascade PlazaAkron, OH 44308
[email protected] 330-379-31631-877-AKSCORE
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We teach new dogs old tricks