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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

unincorporated groups7/9/2008Harvey Mechanic
  Q: I am the new treasurer of our school hockey club. The school recognizes us only by allowing us to ...
  A: An unincorporated association may be accepted by the IRS as a 501(c)(3) organization. However, in ...
pulic income vs private income7/8/2008Harvey Mechanic
  Q: I run a performance company that intends to get our non-profit status. We are still filling out our ...
  A: Sometimes the IRS uses a 15% figure (of non-exempt activities) allowed, but sometimes they just use ...
sale of property by non profit organization7/8/2008Harvey Mechanic
  Q: Is there a tax consequence if a non profit organization (501(c)8) sells land and building? We ...
  A: This forum is only for federal tax questions regarding 501(c)(3) public charities as I have ...
Asset sale7/8/2008Harvey Mechanic
  Q: What procedures should be followed leading up to the possible sale of real property, (clubhouse and ...
  A: Right up my alley (I am a New York Attorney, in case you did not see that in my profile). Is your ...
Asset sale7/8/2008Harvey Mechanic
  Q: What procedures should be followed leading up to the possible sale of real property, (clubhouse and ...
  A: This forum is only for federal tax questions regarding 501(c)(3) public charities as I have ...
Corporate Website Partner7/8/2008Harvey Mechanic
  Q: A for-profit corporation will assist us with part of our website, and wishes to place advertisements ...
  A: Yes, that is considered by the IRS as unrelated advertising business and also possibly a joint ...
dissolving 501c37/8/2008Harvey Mechanic
  Q: A colleague and I formed a Florida nonprofit about a year and a half ago. Due to ethical concerns ...
  A: This forum is only for federal tax questions regarding 501(c)(3) public charities as I have ...
Donation to child7/8/2008Harvey Mechanic
  Q: If I go to my doctor/dentist and have him make a donation can it be earmarkded to go specifically to ...
  A: See IRS Publication 526 "Charitable Donations" www.irs.gov/pub/irs-pdf/p526.pdf on page 6 where the ...
Selling items to benefit non-profit organization7/8/2008Harvey Mechanic
  Q: Mr. Mechanic, Thank you again for taking the time to work through this with me. The entire ...
  A: As I wrote earlier, if your activity is by volunteers then it is not taxable unrelated business. ...
Selling items as a non-profit organization7/8/2008Harvey Mechanic
  Q: I am a board member of a local nonprofit organization. We have our EIN and our 501(c)(3) has been ...
  A: The issue of getting funds for the camp is not relevant to the IRS inquiry into whether the ...
Selling items as a non-profit organization7/8/2008Harvey Mechanic
  Q: I am a board member of a local nonprofit organization. We have our EIN and our 501(c)(3) has been ...
  A: If you have a message that is to educate the public as to your work, it may be considered by the IRS ...
Selling items as a non-profit organization7/8/2008Harvey Mechanic
  Q: I am a board member of a local nonprofit organization. We have our EIN and our 501(c)(3) has been ...
  A: If the name of your organization is going to be on the items, let me know and then I will reply ...
Rental Property for Art League7/7/2008Harvey Mechanic
  Q: A teaching art studio is in the process of transitioning from private ownership to a not-for-profit. ...
  A: Sorry no benefit to the owner. See IRS Publication 526 "Charitable Donations" ...
Merging NPOs7/7/2008Harvey Mechanic
  Q: Is it possible to merge two NPOs with different purposes? Specifically in this case, one NPO is ...
  A: The IRS does not mind. This forum is only for federal tax questions regarding 501(c)(3) public ...
church donations7/6/2008Harvey Mechanic
  Q: If I give a church in NY a donation specifying it goes to a certain thing (let's say to debt ...
  A: Generally, donors give up any authority over donated items and funds, unless they had a specific ...
need to file form 10237/6/2008Harvey Mechanic
  Q: According to IRS Pub. No. 557, our organization is not required to file form 1023 because its gross ...
  A: On the top of page number 19 of: IRS Publication 557 "Tax Exempt Status for Your Organization" ...
advanced ruling period ends7/5/2008Harvey Mechanic
  Q: At the end of our advanced ruling period, if we file the forms and the IRS decides we didn't do a ...
  A: The organization will not owe back taxes simply because it did not do a good job. It would, ...
booster club scholarships7/5/2008Harvey Mechanic
  Q: I am the new treasurer of a 501(c)(3) organization that is an athletic booster club. Last spring ...
  A: It is not a violation of IRS regulations if a 501(c)(3) organization awards scholarships years after ...
association dues/fees7/5/2008Harvey Mechanic
  Q: What is the maximum amount that dues can be raised annually. I've been told 10% if so what statute?
  A: I would need to know the subsection of Internal Revenue Code Section 501(c) that the organization ...
improper fundraising proceeds distribution7/5/2008Harvey Mechanic
  Q: I am the new treasurer of a 501(c)(3) organization that is an athletic booster club. I have been ...
  A: You should have the Board take the money from those individual accounts and put it back into the ...
501 c 3 paperwork7/5/2008Harvey Mechanic
  Q: We are a non-profit org., similar to the Shriners, and I am told that we have a 501 c 3, but no one ...
  A: First, get your EIN number from your bank unless you have it already. Then an officer of your ...
self funding7/5/2008Harvey Mechanic
  Q: Under Federal law is a not for profit organization allowed to sell products to fund itself? ANSWER: ...
  A: I would need to know the subsection of Internal Revenue Code Section 501(c) that the organization ...
self funding7/5/2008Harvey Mechanic
  Q: Under Federal law is a not for profit organization allowed to sell products to fund itself?
  A: If the products are related to their exempt purposes, like Bibles for religious organizations, then ...
registeration of Foreign Charity in Washington DC7/4/2008Harvey Mechanic
  Q: Please let me know the proceadure for getting an Indian Charity registered in USA. Please do let me ...
  A: This forum is only for federal tax questions regarding 501(c)(3) public charities as I have ...
Non Profit Milage rate7/4/2008Harvey Mechanic
  Q: I work for a Non Profit company and they only pay .40 a mile for business travel. I am a training ...
  A: This forum is only for federal tax questions regarding 501(c)(3) public charities as I have ...
Non-profit return of donation?7/3/2008Harvey Mechanic
  Q: Recently, a non-profit hospice suspended plans to build a hospice house. The organization sent a ...
  A: Their statement that they can't return your donation is vague. Do they mean that they can't because ...
501c37/3/2008Harvey Mechanic
  Q: How would it effect our status? Can we have a television broadcast that is sponsored by for profit ...
  A: Certainly you can give acknowledgments. It does not appear that what you are referring to would ...
Illegal/improper practices by Founder of 501c37/3/2008Harvey Mechanic
  Q: I was asked to be on a Board of Directors for a non-profit in the VP capacity and participated for ...
  A: Your story is somewhat confusing as you participated for about 6 months. This forum is only for ...
incorporation after founding7/2/2008Harvey Mechanic
  Q: If our organizing document establishes us as an unincorporated association and we wish to later ...
  A: 1. To get Directors to join as volunteers a 501(c)(3) organization may need to have a clause to ...
RE: Can a municipal corporation (170 c) develop a 501 c3 foundation?7/2/2008Harvey Mechanic
  Q: Our Pool and Fitness Center is a municipal corporation 170 (C), a junior recreation and park ...
  A: Yes, you may have heard many times of organizations that have a name similar to "Friends of The ...
ALLOWABLE REIMBURSED EXPENSES7/2/2008Harvey Mechanic
  Q: In trying to determine what business expenses are allowable for our Pastor, I have found that the ...
  A: See www.irs.gov/pub/irs-pdf/p535.pdf "Business Expenses" on page 3, under "What Can I Deduct" To ...
Individual Accounts?7/2/2008Harvey Mechanic
  Q: Am I correct in understanding that in a 501(3)(c) gymnastic booster club the money that is raised ...
  A: Money that is raised from the public maybe put into individual accounts as long as the granting ...
Contribution & Value Received7/2/2008Harvey Mechanic
  Q: Our high school athletic foundation (a 501(c)(3) org) plans to print a seasonal sports program. We ...
  A: There appears to be no business message and, therefore, the whole amount would be deductible. As ...
is a Cheerleading booster club able to be transfered if gym closes?7/1/2008Harvey Mechanic
  Q: Is it legal to transfer a booster club to a new cheerleading gym if the gym closes? Here is the ...
  A: I am assuming that you are referring to a 501(c)(3) booster organization that is controlled by its ...
REIMBURSABLE PASTORAL EXPENSE7/1/2008Harvey Mechanic
  Q: Our Pastor has a limit for non-taxable reimbursements. He attended a church sponsored golf outing in ...
  A: No. See www.irs.gov/pub/irs-pdf/p535.pdf "Business Expenses" which has at page 40 about ...
volunteers and reimbursement7/1/2008Harvey Mechanic
  Q: I was just told at a non-profit client of mine that volunteers have to maintain certain conditions ...
  A: You may be referring to the IRS rules on scholarships for outside the United States. ...
Booster Organization7/1/2008Harvey Mechanic
  Q: My son's current Band booster organization is operating as a non-profit using the schools 501c3 ...
  A: If the school is allowing the booster organization to be part of the school, then tax filing are not ...
gymnastic booster club7/1/2008Harvey Mechanic
  Q: We are a 501 C3 gymnastic club. If we can give grants to coaches for valid services 1. what is a ...
  A: Service means to the youth, not, for example mixed groups (youth and adults). Whatever is needed ...
Using the word foundation -name of corporation7/1/2008Harvey Mechanic
  Q: Are there any prohibitions against the use of the word "foundation" in the name of an organization ...
  A: See http://law.justia.com/georgia/codes/14/14-2.html and following sections for the Georgia ...
Interferring with a Nonprofit organization7/1/2008Harvey Mechanic
  Q: I belong to a non profit tax exempt org. (501c3)in Pennsylvania. Could you tell me if there are any ...
  A: There are specific laws that protect not only nonprofits but also for-profit entities but those are ...

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