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About Harvey Mechanic
(Top Expert on this page)

Expertise
US Federal tax issues of nonprofit 501(c)(3) public charities only. Establishing and maintaining legal requirements for such non-profit organizations in the United States, including Internal Revenue service filings and requirements. I will not be working on this free forum to answer question about Nonprofit's unrelated or for-profit businesses or how to fill out forms. This forum is only for general questions about federal tax law, not as the law applies to your specific situation. To search my previous answers you may want to Google site:allexperts.com/q/nonprofit with your search term appended.

Experience
I have been practicing law and especially the law of nonprofit organizations since 1990 when I was admitted to the New York Bar.

Education/Credentials
B.S. Columbia University in New York City, 1970

J.D. (Law Degree) Brooklyn Law School, 1990 -- Cum Laude

   

You are here:  Experts > Real Estate > Tax Planning: U.S. > Nonprofit Law

SubjectDate AskedExpert

Dance Team Booster Club7/8/2009Harvey Mechanic
  Q: Can a Booster Club only be designated for the varsity dance team. All funds, party, events, ...
  A: The school may not conspire with the 501(c)(3) booster organization to require membership or sales ...
What is required to be in the Bylaws?7/7/2009Harvey Mechanic
  Q: I am writing up a draft bylaws for our organization. I have found many samples on the internet. Some ...
  A: http://snipr.com/cb5zq is the Nevada Nonprofit Corporation Code and your bylaws cannot contradict ...
Fundraiser7/7/2009Harvey Mechanic
  Q: My client has been approached by another "group" who is putting together a lunch and bike ...
  A: First we need to know in what states the raffle tickets will be sold. For State rules where you will ...
salary7/7/2009Harvey Mechanic
  Q: I realize this may seem like a simple question; however, we receive Federal Funds and from what I ...
  A: See www.com.ohio.gov/laws/docs/laws_MinimumWage.pdf for minimum wage amounts. ...
Refund of Band Fees paid to a 501c3 account7/7/2009Harvey Mechanic
  Q: I am the treasurer for a high school marching band booster club. We operate as a 501c3 charity. I ...
  A: Whatever the family gives may be returned to them but not the amounts from other persons (who ...
What is required to be in the Bylaws?7/7/2009Harvey Mechanic
  Q: I am writing up a draft bylaws for our organization. I have found many samples on the internet. Some ...
  A: I would need to know the subsection of IRC 501(c) under which the organization was incorporated. ...
Conflict of Interest policy7/6/2009Harvey Mechanic
  Q: I copied IRS conflict of interest policy sample as a basis for our organization's policy. I want to ...
  A: Yes, it is certainly valid. It appears all that you changed was the fact that, instead of the ...
restriction amount of money earned 501(c)37/6/2009Harvey Mechanic
  Q: Is it true that a 501(c)3 cannot take in more than $25,000 a year in donations? Also, how long can a ...
  A: www.tax.state.ny.us/pdf/2001/fillin/corp/ct247_601_fill_in.pdf is required for all 501(c)(3) ...
Membership Age7/6/2009Harvey Mechanic
  Q: Our organization proveds services to a leadership youth group (ages 15-20) as well as other programs ...
  A: I would need to know the subsection of IRC 501(c) under which the organization was incorporated and ...
Nonprofit borrowing7/6/2009Harvey Mechanic
  Q: If a board member of a 501c3 nonprofit loans the organization a significant amount, say $100,000 at ...
  A: A conflict of interest is present whenever a director has a material personal interest in a ...
501c3 violation7/6/2009Harvey Mechanic
  Q: If there is evidence of a 501c3 organization being in violation, what is the procedure and to whom ...
  A: Complaints could go to your State's Attorney General's Office as that office generally oversees ...
salary7/6/2009Harvey Mechanic
  Q: I realize this may seem like a simple question; however, we receive Federal Funds and from what I ...
  A: I don't know what you mean by "and was asked on 06/29/2009". I have reviewed the questions on that ...
Is a non-profit allowed to generate income?7/6/2009Harvey Mechanic
  Q: We are a non-profit youth club, comprised of multiple sports and 5,000 family members. We have been ...
  A: See www.irs.gov/pub/irs-pdf/p598.pdf IRS Publication 598 "Tax on Unrelated Business Income of Exempt ...
501(c)(3)7/6/2009Harvey Mechanic
  Q: Can a non-profit 501c3 organization grant a large sum of money to an member. A soccer association ...
  A: If the salary is no more than a reasonable amount it may be permitted. The IRS does not allow ...
501(c)(3)7/6/2009Harvey Mechanic
  Q: Can a non-profit 501c3 organization grant a large sum of money to an member. A soccer association ...
  A: The organization trying to obtain 501(c)(3) organization status would need to reveal the salary ...
Setting up a Donation Fund for Severly Injured Person7/5/2009Harvey Mechanic
  Q: I had no idea where to direct this question, so please feel free to redirect me if you are not the ...
  A: 1. You may set up an account but As to charitable deductions: See IRS Publication 526 "Charitable ...
restriction amount of money earned 501(c)37/5/2009Harvey Mechanic
  Q: Is it true that a 501(c)3 cannot take in more than $25,000 a year in donations? Also, how long can a ...
  A: I am assuming from what you wrote to me that the organization is not a private foundation (you can ...
501 c 3 or c 77/5/2009Harvey Mechanic
  Q: Our all terrain vehicle (ATV) club is registered with the State of NH Treasury Department as an ...
  A: If you don't have a TIN it appears that the funds are going into a bank account of another entity ...
501(c)(3)7/5/2009Harvey Mechanic
  Q: Can a non-profit 501c3 organization grant a large sum of money to an member. A soccer association ...
  A: Salaries may be for 501(c)(3) organization purposes. It all depends upon the particular facts of ...
501(c)(3)7/5/2009Harvey Mechanic
  Q: Can a non-profit 501c3 organization grant a large sum of money to an member. A soccer association ...
  A: First you asked about a 501(c)(3) organization granting money to a members. Your follow-up refers ...
How can an individual receive a scholarship from a 501(c)(3) private foundation?7/4/2009Harvey Mechanic
  Q: One of my previous employers, who has a private 501(c)(3) foundation has offered to help me fund my ...
  A: The main issue is that the IRS would treat the grant as if he gave to you directly and you already ...
501(c)(3)7/4/2009Harvey Mechanic
  Q: Can a non-profit 501c3 organization grant a large sum of money to an member. A soccer association ...
  A: If the activities are for youth sporting, then such grants are allowed. From page 2 of ...
non profit gallery in warehouse = tax deduction7/3/2009Harvey Mechanic
  Q: I want to start a non-profit art gallery. The key is i would like to house this gallery in a ...
  A: No. See IRS Publication 526 "Charitable Donations" www.irs.gov/pub/irs-pdf/p526.pdf especially on ...
use of non profit funds7/2/2009Harvey Mechanic
  Q: My daughter plays for a softball team, that the "team organization" is non profit, but they are ...
  A: I have in my profile that this free forum is only for relevant IRS federal exemption issues of ...
can a community foundation hold an LLC interest without generating UBIT7/2/2009Harvey Mechanic
  Q: I have interest in an LLC which I would like to donate to a 501(C)3, however this would cause ...
  A: Passive investments (no active work required by the nonprofit) are not UBIT. See ...
can a community foundation hold an LLC interest without generating UBIT7/2/2009Harvey Mechanic
  Q: I have interest in an LLC which I would like to donate to a 501(C)3, however this would cause ...
  A: First I would need to know if the LLC interest comes with any management responsibility, like a ...
Creating a separate legal entity7/2/2009Harvey Mechanic
  Q: The 501(c)3 organization that runs our athletic program operates with 3 distinct divisions. Each ...
  A: It appears that you are referring to an organization that would be not running any athletic programs ...
501c3 Related Parties7/2/2009Harvey Mechanic
  Q: Is it legal for a 501c3 hospice to contract with the president of the board's daughter for physical ...
  A: A conflict of interest is present whenever a director has a material personal interest in a ...
Acknowledgement Letter7/1/2009Harvey Mechanic
  Q: We recently hosted a fundraising event that included purchasing a ticket, a live and silent auction ...
  A: See the IRS Publication "Charitable Donations --- Substantiation and Disclosure Requirements" ...
501(c)3 employee expense7/1/2009Harvey Mechanic
  Q: Are employee's allowed to purchase alcohol on their expense report while attending a Goodwill ...
  A: There are no special rules regarding expense for food or drink allowed for employees of 501(c)(3) ...
Gymnastics Booster Club7/1/2009Harvey Mechanic
  Q: Is the team booster club violating IRS code for exempt organizations by requiring members to sell or ...
  A: No. Division on the basis of fundraising is no allowed for 501(c)(3) organizations. If the majority ...
little league do i apply for a 501 exemption7/1/2009Harvey Mechanic
  Q: i applied for a federal id number must i apply for a 501 exemption we have 2 fundrasiers a year and ...
  A: The foundation may make their own requirement, for example, that they require that grantees already ...
Conflict of interest/Private benefit6/30/2009Harvey Mechanic
  Q: I fear that the actions of the board members of my skating club may be jeopardizing our 510(c)3 ...
  A: 1. See www.irs.gov/pub/irs-tege/eotopica93.pdf starting on pages 11 "Private Facility Owners" which ...
Gymnastics Booster Club6/30/2009Harvey Mechanic
  Q: Is the team booster club violating IRS code for exempt organizations by requiring members to sell or ...
  A: Yes, 501(c)(3) organization may not require membership or fundraising as a condition for grants. ...
Board meetings for nonprofit6/30/2009Harvey Mechanic
  Q: New president of the board wants to hold closed meetings. This is a nonprofit for an athletic ...
  A: You did not mention the articles of incorporation, a copy of which you can obtain from the State and ...
Board meetings for nonprofit6/30/2009Harvey Mechanic
  Q: New president of the board wants to hold closed meetings. This is a nonprofit for an athletic ...
  A: You would need to review articles of incorporation and bylaws to find the rights of persons who pay ...
Booster Club donations to an LLC6/30/2009Harvey Mechanic
  Q: Can my sports league (an LLC) accept cash donations from a booster club (a non-profit)? If so, how ...
  A: It appears that your sports league is not a tax-exempt organization. Therefore, funds given to your ...
Change in 501(c)(3) by-laws without members consent6/29/2009Harvey Mechanic
  Q: I am a member of a religious organization (a church) which is recognized as a 501(c)(3) organization ...
  A: You can see the Ohio Nonprofit Corporation law http://law.justia.com/ohio/codes/orc/jd_1702-729.html ...
501c3 vs 501c46/29/2009Harvey Mechanic
  Q: When our organization applied for federal non profit status we were given 501 C4 status. When we ...
  A: It appears that the State of Florida was addressing another issue, because, before the IRS granted ...
Change in 501(c)(3) by-laws without members consent6/29/2009Harvey Mechanic
  Q: I am a member of a religious organization (a church) which is recognized as a 501(c)(3) organization ...
  A: I have in my profile that this free forum is only for relevant IRS federal exemption issues of ...

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