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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 questions 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 can do a Google search:
site:allexperts.com/q/nonprofit
[with your other search terms 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

Administrative fees11/19/2009Harvey Mechanic
  Q: Is it correct that non-profits can only use 17% of their income on administrative fees (salaries)? ...
  A: No, it is not correct that non-profits can only use 17% of their income on administrative fees ...
501C(3) School volunteers and Gifts11/19/2009Harvey Mechanic
  Q: We are a private parochial school. Our athletic director employee wishes to provide gifts to his ...
  A: The vast majority of nonprofits have no problem with allocating resources to the treatment of ...
501C(3) School volunteers and Gifts11/18/2009Harvey Mechanic
  Q: We are a private parochial school. Our athletic director employee wishes to provide gifts to his ...
  A: The IRS does not bother about gifts valued at $25 or less as to general business expense deductions ...
for profit ownership of not for profit 501(c)(3)11/18/2009Harvey Mechanic
  Q: I saw an old response here stating that a for profit cannot own a non-profit 501 (c)(3). ...
  A: http://law.justia.com/illinois/codes/chapter65/2280.html is Illinois General Not For Profit ...
Non-profit youth sports, Ca11/18/2009Harvey Mechanic
  Q: My two daughters are part of a non-profit youth cheerleading team. They started in March, and I ...
  A: Just like universities may charge tuition, other nonprofit organization may require fees for ...
Separation of Church&State and History of tax-exempt status for religious faiths11/18/2009Harvey Mechanic
  Q: I read you answer about the history of the 501 tax exempt status for charitable institutions, but ...
  A: I don't believe that a federal court would call it an issue of taxation without representation. ...
Gifts to Coaches11/18/2009Harvey Mechanic
  Q: Our coaches are given cash gifts that range from $500.00 to s much as $2500.00 per year. These ...
  A: First I need to ask if the nonprofit organization is an employer of the coach. Also I will need to ...
Separation of Church&State and History of tax-exempt status for religious faiths11/18/2009Harvey Mechanic
  Q: I read you answer about the history of the 501 tax exempt status for charitable institutions, but ...
  A: You are welcome. See http://tinyurl.com/ys4zna on pdf page ---Start of Excerpt-- Since the ...
Grants to Individuals in Foreign Country11/18/2009Harvey Mechanic
  Q: I have a 501(c)3 that brings underprivileged international students to the states to go to college. ...
  A: You don't need a statement or a receipt. Just like a domestic organization keeps records by ...
Donating abroad11/18/2009Harvey Mechanic
  Q: I have a 501(c)3 that brings underprivileged international students to the states to go to college. ...
  A: I don't understand why you would not send the funds directly to the student, as the IRS suspects ...
501c3 Church and payment of ministers11/17/2009Harvey Mechanic
  Q: I am a member of a small home-based church group that is incorporated as a 501c3. We meet in homes ...
  A: The IRS does not allow 501(c)(3) organizations to give someone more compensation than is ...
non profit misrepresentation of tip allocation11/17/2009Harvey Mechanic
  Q: We are a 501(c)(3) sports organization that works concessions for fundraising at a NASCAR event. ...
  A: I have in my profile that this free forum is only for relevant IRS federal exemption issues of ...
Church with oil royalty payments11/17/2009Harvey Mechanic
  Q: Our church recently leased our property for drilling of a gas well.The well will not be on our ...
  A: IRS Publication 598 "Tax on Unrelated Business Income of Exempt Organizations" at ...
Paying wages in advance11/17/2009Harvey Mechanic
  Q: Are there any laws prohibiting or limiting the payment of wages in advance for a salaried employee?
  A: I have in my profile that this free forum is only for relevant IRS federal exemption issues of ...
Articles Of Association11/16/2009Harvey Mechanic
  Q: When starting a new Church, what documents are needed to be viewed as legal by banks? Where might I ...
  A: Maryland Corporations and Association Code http://law.justia.com/maryland/codes/gca.html You may be ...
Articles Of Association11/16/2009Harvey Mechanic
  Q: When starting a new Church, what documents are needed to be viewed as legal by banks? Where might I ...
  A: I have in my profile that this free forum is only for relevant IRS federal exemption issues of ...
What is considered Gross Receipts?11/16/2009Harvey Mechanic
  Q: As a newly incorporated AA Convention, we are filing for the 501(c) 3 and are having a question ...
  A: All funds are to go into your bank account and those are considered into gross receipts. The IRS ...
Articles Of Association11/16/2009Harvey Mechanic
  Q: When starting a new Church, what documents are needed to be viewed as legal by banks? Where might I ...
  A: In order to have donations deductible by the donors according to Internal Revenue (IRS) Service ...
Gymnastics Boosters Club11/16/2009Harvey Mechanic
  Q: I have read your article and our boosters club is very similar to example B. I have one question we ...
  A: If you want assurances, you would either have an attorney experienced at the law of nonprofits to ...
2 non-profits on same property11/16/2009Harvey Mechanic
  Q: I was told that it is not legal for 2 non-profits to operate on the same property. Co-mingling of ...
  A: Many nonprofits share the same office space, but there should be a written agreement as to the use. ...
Gymnastics Boosters Club11/16/2009Harvey Mechanic
  Q: I have read your article and our boosters club is very similar to example B. I have one question we ...
  A: See, starting at the middle of page 10 of www.irs.gov/pub/irs-tege/eotopico94.pdf under the heading ...
Trust funds and the church11/16/2009Harvey Mechanic
  Q: Several years ago, a deacon of the church deposited a certain amount of money in a trust fund and ...
  A: Usually, before establishing an account entitled "trust" fund, a bank would require either a ...
Non-Profit disclosure11/15/2009Harvey Mechanic
  Q: I have a question regarding a 501(c)3 organization in Ohio. This organization hosts and sanctions ...
  A: Generally, the only persons who ahve access to minutes of the Board of Directors are the Board ...
Starting a non profit for an art organization11/15/2009Harvey Mechanic
  Q: I am the president of a regional art association of nearly 100 members. We had been an 'offspring' ...
  A: In order to have donations deductible by the donors according to Internal Revenue (IRS) Service ...
Accumulations of Funds11/14/2009Harvey Mechanic
  Q: I work in a 501c nonprofit school. I’m part of a committee that is creating a fund for staff ...
  A: You are welcome. It is not the burden of the citizen in the United States to show a case that shows ...
How can we roll over funds for staff training within a 501c nonprofit?11/14/2009Harvey Mechanic
  Q: I work in a 501c nonprofit school. I’m part of a committee that is creating a fund for staff ...
  A: See www.irs.gov/pub/irs-tege/fringe_benefit_fslg.pdf starting on page 77 as to Educational ...
Non tax-deductible non-profit11/14/2009Harvey Mechanic
  Q: My husband wants to start a tax-exempt non-profit that does NOT give donors tax-deductions. I am not ...
  A: Of all of the 501(c) organizations only the 501(c)(3) organizations allow donors to deduct ...
Booster Club11/13/2009Harvey Mechanic
  Q: I am a member of a Parent Booster club supporting high school students' academics. We raise funds to ...
  A: There is no "special status" for booster organizations under California or IRS rulings unless the ...
Parent Association Requirements on Members11/13/2009Harvey Mechanic
  Q: This is in regard to a parent association that is getting 5013c status. We pay assessment fees, ...
  A: It appears that you are referring to what the IRS refers to as a booster organization. Such an ...
EIN number for Church11/13/2009Harvey Mechanic
  Q: I'm starting a church. It' my understanding that churches are automatically tax exempt, and ...
  A: You, as an individual, may register a dba (sometimes called fictitious name) with your local ...
EIN number for Church11/13/2009Harvey Mechanic
  Q: I'm starting a church. It' my understanding that churches are automatically tax exempt, and ...
  A: The church may apply for EIN online at the IRS SS-4 site: ...
501(c)3 and individual ministry start-up11/13/2009Harvey Mechanic
  Q: I am starting a religious ministry to the homeless which will include counseling and the ...
  A: You may certainly set up an organization for 501(c)3 status as a religious or charitable ...
Benevolence11/13/2009Harvey Mechanic
  Q: Are there any specific rules about the amount of benevolence given to members of a church vs ...
  A: There should be no benefit in being a church member if the church wants to allow donors to deduct ...
new 501 c 3 museum11/13/2009Harvey Mechanic
  Q: The church that I am a member of has maintained a museum of religious and ethnic artifacts since the ...
  A: It is true that many grant-makers will not give funds to religious organizations. Therefore, I ...
Unpaid internship - F1 visa11/12/2009Harvey Mechanic
  Q: I am an international graduate student at the University of Minnesota; I arrived in the US in August ...
  A: I have in my profile that this free forum is only for relevant IRS federal exemption issues of ...
property transfer between non-profits11/12/2009Harvey Mechanic
  Q: In Illinois, is there a way to do a property transfer from one non-profit organization to another as ...
  A: I have in my profile that this free forum is only for relevant IRS federal exemption issues of ...
creating non profit11/12/2009Harvey Mechanic
  Q: My wife and I run fitness camps for Adults as well as kids. We would like to set up a non-profit ...
  A: 1. 501(c)(3) charity organization (that is not private foundation) may raise money and accumulate ...
Donating and Remaining Non-Profit11/12/2009Harvey Mechanic
  Q: Hey there, I'm a University student in California and would like to throw on an campus party. ...
  A: I would need to see the exact university rule, but usually the nonprofit would need to be a ...
fraudulant use of 501(c)311/12/2009Harvey Mechanic
  Q: Can a person change the name of a 501(c)3 organization and the name of the person it is registered ...
  A: http://bit.ly/rAnjH is the Iowa code and hit "Control F" to search the page and search "Chapter ...
law questions11/11/2009Harvey Mechanic
  Q: Can a person who is holding the title of officer in a non-profit that is aimed at helping people ...
  A: That organization will not qualify for 501(c)(3) organization status as there is private inurement ...

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