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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

gift of services2/10/2010Harvey Mechanic
  Q: Our school has a board member who decided to pay a friend to write some material for our fundraising ...
  A: If the school is not going to reimburse the board member who paid the $500, then it is possible ...
Non Profit, W-9 form2/9/2010Harvey Mechanic
  Q: I am part of a Youth Football organization. This is a non profit organization and we are doing a ...
  A: The W-9 form with instructions is at: www.irs.gov/pub/irs-pdf/fw9.pdf and, on the right column of ...
501(c)3 borrowing money from an individual2/8/2010Harvey Mechanic
  Q: Are there restrictions regarding a 501(c)3 from taking a loan from an individual in the community as ...
  A: There is no inurement issue as long as the interest is not higher than could be obtained from ...
High School Reunion - Tax ID Non Profit2/8/2010Harvey Mechanic
  Q: If there is some interest earned on a class reunion checking account (credit union), do I have to ...
  A: I have in my profile that this free forum is only for general questions relating to IRS federal ...
Re High Reunion/Tax ID Non Profit2/8/2010Harvey Mechanic
  Q: I am treasurer of my high school reunion. We obtained a tax id number. We had our reunion in Aug. ...
  A: It appears that you have no IRS reporting requirements unless you make interest income. or had paid ...
501c3 donation to non-profit corporation2/7/2010Harvey Mechanic
  Q: We are hoping to do a fundraising campaign for our non-profit corporation in Ohio(we are not a ...
  A: No, that particular arrangement (pass-through or conduit) donations is not allowed for either the ...
Re High Reunion/Tax ID Non Profit2/7/2010Harvey Mechanic
  Q: I am treasurer of my high school reunion. We obtained a tax id number. We had our reunion in Aug. ...
  A: It appears that you are referring to a social event sponsored by an unincorporated association. ...
Donation to Non-profit2/7/2010Harvey Mechanic
  Q: I recently attended a musical theatre performance for a 501 (c) (3) non profit group and want to ...
  A: They may not be publishing on their web site their name as in their articles of incorporation and, ...
minister's job being eliminated2/6/2010Harvey Mechanic
  Q: a minister who has been at a church 4 years. This church has a bad history of running off many ...
  A: I know of no laws and there would not be any laws as to the amount of severance that is given. The ...
Small Business Donations2/5/2010Harvey Mechanic
  Q: If we donate a gift certificate to a Non-Profit Organization for what is technically a "service," ...
  A: Are you referring to a business that is donating to a 501(c)(3) organization a gift certificate for ...
Booster clubs2/5/2010Harvey Mechanic
  Q: I am a parent of a child on a All Star Cheer Team, which already has a established nonprofit Booster ...
  A: Yes, there may be one 501(c)(3) organization and another that is not approved by the IRS as a ...
using house for ministry purposes2/5/2010Harvey Mechanic
  Q: We have a house that we don't live in we live in another state. We have used it several times for ...
  A: I have in my profile that this free forum is only for general questions relating to IRS federal ...
operating in the philippines2/5/2010Harvey Mechanic
  Q: what are the ways, methods,terms of engagement, agreements in operating a charity in the ...
  A: You have a choice, as to U.S. laws, whether to operate yourself or give grants to entities or ...
using house for ministry purposes2/5/2010Harvey Mechanic
  Q: We have a house that we don't live in we live in another state. We have used it several times for ...
  A: Is the owner of the house a 501(c)(3) organization, like a church? If not, who is the owner? Are you ...
For Profit Private School Establishing a Non Profit2/5/2010Harvey Mechanic
  Q: In the state of GA, can a for profit elementary school set up a non profit "foundation" to apply for ...
  A: I have in my profile that this free forum is only for general questions relating to IRS federal ...
can our church-housed children's program pay stipends rather than wages to volunteers and must we pay benefits2/5/2010Harvey Mechanic
  Q: We are planning to hire a director, having had all volunteer staffing for 2 years. Can we pay the ...
  A: As the IRS writes at: www.irs.gov/pub/irs-tege/fringe_benefit_fslg.pdf on page 72-73 (takes a while ...
NFP boards2/5/2010Harvey Mechanic
  Q: I heard an organization has to have at least three board members. Among three how many should have a ...
  A: Good evening, Phil. I am assuming that you are referring to an organization that wants to be exempt ...
Spending 501c3 Donor Designated Funds2/5/2010Harvey Mechanic
  Q: Background: I am on the board of directors for a nonprofit Preschool in Missouri. Currently, we ...
  A: Generally, donors give up any authority over donated items and funds, unless they had a specific ...
dissolution of non profit orv that has no 501(c)32/4/2010Harvey Mechanic
  Q: I was wondering how to properly dissolve a non profit orginization; not corp. that has yet to apply ...
  A: It appears from what you have written that the organization has not been incorporated. Does the ...
Sports Club travel costs2/4/2010Harvey Mechanic
  Q: Our sports club has achieved 501(c)3 status and is planning a trip for qualifying members to an ...
  A: You wrote, as to the people going on the trip "And it isn't youth in this example". Therefore, I ...
501(c)(3) organization Work or Pay Fees2/4/2010Harvey Mechanic
  Q: Can a non-profit Soccer orgainzation charge a parent of player $50.00 if that parent does not ...
  A: First the word "volunteer" is not applicable in this situation. "[T]here is no expectation of ...
Sports Club travel costs2/4/2010Harvey Mechanic
  Q: Our sports club has achieved 501(c)3 status and is planning a trip for qualifying members to an ...
  A: It appears that your organization gained exemption from the IRS with a presentation in your 1023 ...
Non Profit and the W-9 form2/4/2010Harvey Mechanic
  Q: I am trying to submit for grant money to a corporate business. They have online forms that refer to ...
  A: First you need to have the Library let you use their EIN (Employer Identification Number, also known ...
501c3 tax question2/4/2010Harvey Mechanic
  Q: We filled for a sports booster 501c3 in November 2009 and it came back asking for some follow up ...
  A: If you are denied exemption you would need to file regular corporate tax returns from the period of ...
cap gains for non-profit assns on stocks and bonds they buy then sell?2/3/2010Harvey Mechanic
  Q: Do they owe cap gains and @ what rate if they are a non-profit assn of retired teachers who's board ...
  A: I am assuming that the association has received a determination letter from the IRS that the ...
receipt of warrants for services2/3/2010Harvey Mechanic
  Q: Can a 501(c)3 receive warrants for services rendered without risk to the tax exempt status. I don't ...
  A: Dan, As a I understand it, the warrant may not evidence any ownership rights and would not until ...
501c32/3/2010Harvey Mechanic
  Q: We are a gymnastics 501c3. Can you please explain how we can set our 501c3 up to individual accounts ...
  A: My summary of IRS regulations relating to 501(c)(3) booster organizations is at: ...
Dissolving a Non-Profit2/3/2010Harvey Mechanic
  Q: We are planning to dissolve a non-profit group (originally established to support professional ...
  A: I would need to know the subsection of IRC 501(c) under which the organization was incorporated and ...
Exempt status - cub scout pack2/3/2010Harvey Mechanic
  Q: A cub scout pack is chartered (sponsored) by a local church. Does the pack enjoy 510(c)(3) status ...
  A: If all of the funds go through a church bank account, with the church EIN (taxpayer identification ...
Contracting with individuals2/3/2010Harvey Mechanic
  Q: Can a 501(c)3 pay an individual to provide website support for a homeschool group without risk to ...
  A: Yes, as long as the 501(c)(3) organization is not paying more than a reasonable amount. The IRS does ...
Social Club and Timber Sales2/3/2010Harvey Mechanic
  Q: I belong to a 501 non-profit MC club in Pa.,we recently sold lumber from the clubs property. We plan ...
  A: I have in my profile that this free forum is only for general questions relating to IRS federal ...
501 c 3 revoked?2/3/2010Harvey Mechanic
  Q: Our organization missed the deadline to keep our non profit status at the end of the year and are ...
  A: It appears that you are referring to your state status. Your federal status is not effected unless ...
Donations from a 501c3 to a non 501c3 club2/2/2010Harvey Mechanic
  Q: I'm the President of a small hockey booster's association that has a 501c3 status. A local figure ...
  A: What you are referring to is what the IRS calls donor control and, as you explained it, you may lose ...
Unincorporated Nonprofit Association & 501(c)(7)2/2/2010Harvey Mechanic
  Q: and thank you for hosting this forum and our questions! My question is about 501(c)(7) status for ...
  A: I have in my profile that this free forum is only for general questions relating to IRS federal ...
Individual Scout Accounts2/2/2010Harvey Mechanic
  Q: I am involved with a Boy Scout Troop that is chartered by a Church that is a 501(c)(3, making use ...
  A: The IRS may have a problem with a 501(c)(3) organization allowing individuals to collect funds to go ...
Volunteer Fire Dept Inc.2/2/2010Harvey Mechanic
  Q: What benefit would a volunteer fire dept have by becoming incorporated. Would anybody have anything ...
  A: I have in my profile that this free forum is only for general questions relating to IRS federal ...
501c3 fundraising2/2/2010Harvey Mechanic
  Q: First thanks for answering my original question. You asked for more information. Here is a copy of ...
  A: Then the funds need to go into the general account. As to charitable deductions: See IRS Publication ...
receipt of warrants for services2/2/2010Harvey Mechanic
  Q: Can a 501(c)3 receive warrants for services rendered without risk to the tax exempt status. I don't ...
  A: It appears that you are asking about what the IRS calls unrelated business. IRS Publication 598 "Tax ...
taxes non-profit2/2/2010Harvey Mechanic
  Q: I belong to a 501 non-profit MC club in Pa.,we recently sold lumber from the clubs property. We plan ...
  A: IRS Publication 598 "Tax on Unrelated Business Income of Exempt Organizations" at ...
Church Mission Trip Fundraising2/1/2010Harvey Mechanic
  Q: This summer a group of youth in our church are going on a mission trip to Peru. The cost is about ...
  A: If the money goes to benefit individuals then it is taxable income just like any other work for ...

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