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About Harvey Mechanic
(Top Expert on this page)

Expertise
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 Business or how to fill out forms. This forum is only for legal questions about a specific nonprofit asked by members or those otherwise directly effected by the specific nonprofit organization.

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

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

SubjectDate AskedExpert

Booster Organization7/23/2008Harvey Mechanic
  Q: I am part of a committee that is organizing a booster club for a competitive dance team. I have ...
  A: Some states, like New York, use the term "Not-for-Profit" but most states use the term "nonprofit" ...
Requirement by Dance Studio7/22/2008Harvey Mechanic
  Q: Can the Dance Studio require a team member or parents of a team member to participate in X number of ...
  A: It appears that you are asking about a Dance Studio that is a for-profit organization. If the ...
When a member quits the team7/22/2008Harvey Mechanic
  Q: The question has come up in our booster club. When a child is no longer on the team either by ...
  A: It appears by your statement regarding funds allocated to a child that your booster club is not ...
Web Links to Sponsors7/22/2008Harvey Mechanic
  Q: Is there something that would prohibit a non-profit from not only postings logos of sponsors online, ...
  A: See www.irs.gov/pub/irs-pdf/p598.pdf IRS Publication 598 "Tax on Unrelated Business Income of Exempt ...
MISSION TRIP7/22/2008Harvey Mechanic
  Q: Our Senior Pastor went on a short term mission trip with other members of our church. The trip was ...
  A: You wrote that he does "have this benefit per his salary contract". I am not going to inform you ...
Ex-member assistance7/22/2008Harvey Mechanic
  Q: I'm president of a nonprofit 501(c)(3) organization and the question has come up several times, as ...
  A: Generally that would be prohibited as the class of your benefits should be considered larger and not ...
Board of Director Finances7/22/2008Harvey Mechanic
  Q: One mroe question for you: Is there anything in the federal law for non-profit that states board ...
  A: No such laws. Actually it appears better in the exemption application if the Board members and/or ...
Board members7/22/2008Harvey Mechanic
  Q: Does a non-profit 501(c)3 operating for educational purposes HAVE TO have a board of directors? If ...
  A: You are welcome. The most common type of educational organization is a corporation. For State ...
Board members7/22/2008Harvey Mechanic
  Q: Does a non-profit 501(c)3 operating for educational purposes HAVE TO have a board of directors? If ...
  A: If the 501(c)(3) organization is incorporated the State requires a Board of Directors. The IRS does ...
Swim Team non for profit status7/22/2008Harvey Mechanic
  Q: I am very involved in our swim team which is in Illinois. I work very hard to increase our revenue ...
  A: You are welcome. Well, it appears that you would have an issue that the swim team is government by ...
Non Profit in healthcare7/22/2008Harvey Mechanic
  Q: how can a homecare agency providing nursing and hha services be considered a non-profit business?? ...
  A: As for your example, "providing diabetic/hypertension prevention literature/teaching" that appears ...
Gymnastic Booster Club7/22/2008Harvey Mechanic
  Q: We have just formed a booster club for our competitive team and have tons of questions. Most of my ...
  A: Yes, Insiders of 501(c)(3) organizations are often their biggest contributors and certainly they can ...
charter schools7/21/2008Harvey Mechanic
  Q: I am opening a charter school. I would like to know: should I wait to file for 501(c)(3) status ...
  A: This forum is only for federal tax questions regarding 501(c)(3) public charities as I have ...
Tax Exempt Status Lost Pending Appeal7/20/2008Harvey Mechanic
  Q: I am a member of a local Board of REALTORS which had unto recently a 501(c)tax exempt status with ...
  A: The membership certainly can sue the individuals involved, but that is a state court matter. This ...
501c3 charity poker tournament7/19/2008Harvey Mechanic
  Q: I am an officer in the Knights of Columbus council 13517. We are a 501c3 non-profit corporation. We ...
  A: This forum is only for federal tax questions regarding 501(c)(3) public charities as I have ...
non profit refunds7/18/2008Harvey Mechanic
  Q: my daughter played for a travel softball team which season has ended as of 7-15-08 we have about ...
  A: No, many 501(c)(3) organizations that are public charities (not private foundations) carry over ...
501 (c)(3) status7/18/2008Harvey Mechanic
  Q: I've looked at form 1023 from the IRS to become recognized as a tax exempt 501(c)(3) non-profit ...
  A: See IRS Publication 557 "Tax Exempt Status for Your Organization" www.irs.gov/pub/irs-pdf/p557.pdf ...
school credit for unformed non-profit?7/18/2008Harvey Mechanic
  Q: Our nonprofit has not yet incorporated but we would like to have students do volunteer work for us ...
  A: Well, if you do not run the school then the school would decide if they can get school credit. You ...
Proxy Voting by Members7/18/2008Harvey Mechanic
  Q: Our by-laws allow proxy voting by members on by-law changes/additions. Can one member ask another ...
  A: Certainly the same principles would apply in all states. This forum is only for federal tax ...
Non Profit Senior Center7/18/2008Harvey Mechanic
  Q: Our question is....is it possible for the Non profit Senior Center next door to rent the Dr. a room ...
  A: Please read pages 14-19 on Unrelated debt-financed property. www.irs.gov/pub/irs-pdf/p598.pdf If ...
Proxy Voting by Members7/18/2008Harvey Mechanic
  Q: Our by-laws allow proxy voting by members on by-law changes/additions. Can one member ask another ...
  A: As at: www.navref.org/bestpractices/gov_bod_meetings_proxy.htm "A proxy is a legal document signed ...
Raising money for an accident victim7/18/2008Harvey Mechanic
  Q: A good friend of mine who's daughter was in a severe car accident, would like to get monetary ...
  A: The IRS does not grant exemption to organizations that give funds to individuals or to a small group ...
school credit for unformed non-profit?7/18/2008Harvey Mechanic
  Q: Our nonprofit has not yet incorporated but we would like to have students do volunteer work for us ...
  A: This forum is only for federal tax questions regarding 501(c)(3) public charities as I have ...
Solicit ing vs. receiving donations7/17/2008Harvey Mechanic
  Q: If you are not allowed to "solicit" donations after a certain date, can you still receive monies ...
  A: I would need to know the context of why a 501(c)(3) organization would not be allowed to solicit ...
501(c)3 music school promoting a for-profit product7/17/2008Harvey Mechanic
  Q: I hope you help me with this question which is two-fold: The non-profit I work for has been ...
  A: My profile indicates that I do not answer questions in this free forum related to structuring ...
Benefits to parents7/17/2008Harvey Mechanic
  Q: I recently started a Booster Club for a competitve cheer team. One of the parents has already paid ...
  A: No one of the families should be receiving funds or reimbursements for "her fundraising". The ...
Raffle in State of New Yorl7/17/2008Harvey Mechanic
  Q: We are a 501 (C3) in New York. We wish to run a 'small dollar' raffle in New york, and possibly ...
  A: This forum is only for federal tax questions regarding 501(c)(3) public charities as I have ...
5013c organization disclosure requirements7/17/2008Harvey Mechanic
  Q: I volunteer and pay membership dues at an organization that has 5013C status. Are they required to ...
  A: Unless the Articles of Incorporation, Bylaws or any resolutions require otherwise, federal law only ...
501(c)3 music school promoting a for-profit product7/17/2008Harvey Mechanic
  Q: I hope you help me with this question which is two-fold: The non-profit I work for has been ...
  A: If your organization promotes his web subscription writing program that is considered by the IRS as ...
Discrimination Restrictions on a 501(c)(3) Club7/17/2008Harvey Mechanic
  Q: I am a director of a club, which is a nonprofit, nonstock corporation registered under Sec. ...
  A: No, there is no IRS regulation as such. This forum is only for federal tax questions regarding ...
Return of Fees to a 501(c)3 gymnastics Booster Club7/17/2008Harvey Mechanic
  Q: My daughter was part of a local gymnastics team that created a 501(c)(3) booster club for the team ...
  A: Donations are refundable. I don't know what of my postings gave you the appearance that they are not ...
Our Non-Profit7/16/2008Harvey Mechanic
  Q: I have started a new non-profit in the Greensboro, NC area on 05-01-08. I have my E.I.N. I am ...
  A: Yes, as long as you file your exemption application within the two years or so and are approved for ...
Limits on a non-profits "surplus"7/16/2008Harvey Mechanic
  Q: I am concerned about my community association's non-profit tax status. Thanks to an agreement with a ...
  A: I would need to know the subsection of Internal Revenue Code Section 501(c) that the organization ...
gymnastic booster club7/16/2008Harvey Mechanic
  Q: We recently organized a booster club for the competitive team of a new gymnastics facility in our ...
  A: It appears that your organization is an unincorporate association. The IRS will not treat your ...
gymnastic booster club7/16/2008Harvey Mechanic
  Q: We recently organized a booster club for the competitive team of a new gymnastics facility in our ...
  A: You stated that you are registered with the IRS as a nonprofit. I would need to know the subsection ...
Investment regulations for a new, potential non-profit7/15/2008Harvey Mechanic
  Q: I am wondering what the best source of information is regarding investment regulations for ...
  A: This forum is only for federal tax questions regarding 501(c)(3) public charities as I have ...
Soccer Booster Club7/15/2008Harvey Mechanic
  Q: I am in the process of setting a booster club to support my daughter's club soccer team through ...
  A: If you obtain 501(c)(3) organization status from the IRS for the booster organization you should ...
Booster Club distributions7/15/2008Harvey Mechanic
  Q: Harvey, Thank you for your donation of time and expertise in answering questions. I have learned a ...
  A: My basic information includes the link to the IRS article about booster clubs funding youth. Here is ...
Booster club for cheerleading organization7/15/2008Harvey Mechanic
  Q: We run a booster club for our competitive cheerleading gym. We have filed our 501C3 paper work. We ...
  A: Evidently families are working at concerts and events and that is considered by the IRS as normal ...
No income - Tax filing7/15/2008Harvey Mechanic
  Q: I incorporated a small organization as a nonprofit in the State of Ohio. I received an EIN but ...
  A: This forum is only for federal tax questions regarding 501(c)(3) public charities as I have ...

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