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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

Nonprofit model railroad club9/6/2008Harvey Mechanic
  Q: I need to know how to go about setting up a nonprofit model railroad club. The club will put ...
  A: You could incorporate, if you wish, in your state under the nonprofit provisions, however, as yours ...
Memorial events9/5/2008Harvey Mechanic
  Q: I am part of a not for profit organization and one of our members past away. The board wants to ...
  A: "passed away", not "past away". Anyway, I would need to know the subsection of Internal Revenue ...
forms for NC PTO9/5/2008Harvey Mechanic
  Q: Our parents started a PTO in NC for out public school. However, now we realize we must file tax ...
  A: You are welcome. In order to have donations deductible by the donors according to Internal Revenue ...
Resign from non-profit organization9/5/2008Harvey Mechanic
  Q: I was resign from a non-profit organization by verbal around September, 2005. Now, I am not so sure ...
  A: Well, you should contact the organization to request, in writing, confirmation as to the resignation ...
Carry Over Balance for Non Profits9/5/2008Harvey Mechanic
  Q: I am the outgoing Treasurer of a small 501c3 preschool/kindergarten. We have grown at it appears we ...
  A: Evidently your organization is not a private foundation, but is a public charity and for public ...
sponcership money9/5/2008Harvey Mechanic
  Q: my daughter was on a horse drill team where she received $800.00 in sponsorship she was only on the ...
  A: The 501(c)(3) organization may refund the money, but unless the Articles of Incorporation, Bylaws, a ...
Can a non-profit corporation be sold?9/5/2008Harvey Mechanic
  Q: I am thinking about retiring from running my nonprofit which is now 21 years old and in good ...
  A: No, you may not sell a nonprofit as you do not own it. The nonprofit is controlled by a Board of ...
Can a non-profit corporation be sold?9/5/2008Harvey Mechanic
  Q: I am thinking about retiring from running my nonprofit which is now 21 years old and in good ...
  A: I would need to know the subsection of Internal Revenue Code Section 501(c) that the organization ...
Individual accounts9/4/2008Harvey Mechanic
  Q: I am a new Board member of a small Band Booster organization in NJ. The question of individual ...
  A: The tagging is prohibited and I don't see much difference with that type of private benefit compared ...
Tax id expired.....need info..9/4/2008Harvey Mechanic
  Q: How can you renew your tax id 501c3 if expired? Who do we contact? Our old President left and I am ...
  A: 501(c)(3) organizations that have received a definitive determination letter do not lose that status ...
private benefit - individual accounts9/4/2008Harvey Mechanic
  Q: I would like to check and make sure my understanding from some of your answers and documents on the ...
  A: You wrote, "Regarding a Choir Booster Club allocating all or a portion of profit from fundraising ...
Third Party Fundraiser9/4/2008Harvey Mechanic
  Q: At my organization, we have many individuals who run fundraisers for us. They collect money through ...
  A: Those persons appear to be professional fund raisers (unless the do not keep any of the money that ...
I would like to buy a non-profit company9/4/2008Harvey Mechanic
  Q: I work for a non-profit sports based company, we have many sports complexes that are affiliated with ...
  A: I would need to know the subsection of Internal Revenue Code Section 501(c) that the organization ...
Helping the needy9/4/2008Harvey Mechanic
  Q: We are attempting to form a nonprofit to provide grants and/or loans to help the needy of our ...
  A: Relief of the poor is accepted as an exempt activity for a 501(c)(3) organization. ...
non profit donations9/4/2008Harvey Mechanic
  Q: I just started a non profit cheer/dance studio. I have NO idea whats the next step!! How do I ...
  A: In order to have donations deductible by the donors according to Internal Revenue (IRS) Service ...
Membership benefits9/4/2008Harvey Mechanic
  Q: I am setting up an appeal which includes "giveaways" for various levels of giving. I am aware of ...
  A: See the IRS Publication "Charitable Donations --- Substantiation and Disclosure Requirements" ...
501C3 dissolution9/4/2008Harvey Mechanic
  Q: Our local community theater is a 501C3 that owns a very old building. Our income is insufficient ...
  A: As in your Articles of Incorporation all assets would need to be distributed to another 501(c)(3) ...
donation refunds vs. in-kind distribution9/4/2008Harvey Mechanic
  Q: If a 501c3 nonprofit is established for the sole purpose of building support for and raising funds ...
  A: Yes, donations may be returned to the donors in the form that they were given. Also, I suggest that ...
donation refunds vs. in-kind distribution9/4/2008Harvey Mechanic
  Q: If a 501c3 nonprofit is established for the sole purpose of building support for and raising funds ...
  A: Donations may be returned to the donors in the form that they were given. Otherwise, it would be ...
Membership Organizations9/3/2008Harvey Mechanic
  Q: I want to switch my company over to a non-profit entity but I am confused about which would be best, ...
  A: It may be able to be a 501(c)(3) organization but then it must have only charitable, religious, ...
Donations9/2/2008Harvey Mechanic
  Q: Someone was offering to donate to the Snohomish County 4-H project which is a non-profit ...
  A: The normal procedure is to obtain a copy of the IRS exemption determination letter which would have ...
Transfering assets from 501(c)(3)9/2/2008Harvey Mechanic
  Q: I understand that non-profit assets have to be transfered to another non-profit corporation. ...
  A: Yes, you see that the IRS does not approve a 501(c)(3) organization transferring substantially all ...
501c3 process9/2/2008Harvey Mechanic
  Q: Harvey, I am interested in starting a non profit for the prevention of cruelty to animals. I will be ...
  A: In order to have donations deductible by the donors according to Internal Revenue (IRS) Service ...
501c finance disclosure9/1/2008Harvey Mechanic
  Q: The parent of a child in our Soccer club has requested a copy of financial contributions from all ...
  A: The Articles of Incorporation, Bylaws or any resolutions of your organization may have some ...
jeopardize status - clarification8/31/2008Harvey Mechanic
  Q: We are a newly formed 501c3 -need clarafication on "prohibited from allowing more than insubstantial ...
  A: That may be a problem as there would be private benefit and the IRS does not allow private benefit ...
jeopardize status - clarification8/31/2008Harvey Mechanic
  Q: We are a newly formed 501c3 -need clarafication on "prohibited from allowing more than insubstantial ...
  A: The IRS is very imprecise in defining what is substantial and it depends upon the facts and ...
one page summary8/31/2008Harvey Mechanic
  Q: Would you please forward your one page summary for athletic booster clubs? Thanks
  A: The 501(c)(3) organization that is a booster organization is not for the parents or youth to ...
Small Tax Exempt Religious Organization8/31/2008Harvey Mechanic
  Q: it is most helpful! I have just joined the Board of a small incorporated domestic nonprofit ...
  A: A concert of religious music does not appear to be unrelated to your exempt activities as the ...
501c38/31/2008Harvey Mechanic
  Q: We have recently just started a tournament baseball team in our area and we were wanting to do some ...
  A: I am assuming that the baseball team players are 18 years or younger. If you don't want the ...
setting up booster club for individual accounts8/30/2008Harvey Mechanic
  Q: I have read your information about booster clubs, and I understand that legally all fundraising ...
  A: Certainly a 501(c)(3) organization may hire people to work and pay them a reasonable salary for such ...
setting up booster club for individual accounts8/30/2008Harvey Mechanic
  Q: I have read your information about booster clubs, and I understand that legally all fundraising ...
  A: A group that puts fundraising money into individual accounts will not be a 501(c)(3) organization, ...
prizes for fundraising8/29/2008Harvey Mechanic
  Q: We are a 501(c)(3) band booster organization. We are asking the band students to help fundraise. ...
  A: When the band members are fundraising, especially when sales or active fund solicitations are ...
compensation and contributions8/29/2008Harvey Mechanic
  Q: Form 1023 section V-6a and section VII-11 ask "Do you or will you" offer non-fixed compensation or ...
  A: You are welcome. The IRS instructions have in the first column of page 12 that they want: ...
Non profit donation expiaration dates8/29/2008Harvey Mechanic
  Q: I have been the Auction chair for our school's 501(c)(3) parent club. We recieved a donation for a ...
  A: This forum is only for federal tax questions regarding 501(c)(3) public charities as I have ...
Auction Proceeds8/29/2008Harvey Mechanic
  Q: I am a member of a non profit organization. We are having an auction to raise money for the ...
  A: See www.irs.gov/pub/irs-pdf/p598.pdf IRS Publication 598 "Tax on Unrelated Business Income of Exempt ...
1099-MISC8/29/2008Harvey Mechanic
  Q: Should I issue a 1099-MISC to an organization with 501(c)(3) status? I believe since a 501(c)(3) is ...
  A: You are correct. you do not need to send a 1099-Misc to a 501(c)(3) organization. As on that page 1 ...
Nonprofit Homeowner Associations8/29/2008Harvey Mechanic
  Q: Under what 501 IRS code would a homeowner association fall? Our HOA is filed non-profit in its ...
  A: Homeowners Assocations generally are not exempt under 501(c) ...
Church mandated 501 c 38/28/2008Harvey Mechanic
  Q: is a church required, mandated or forced to become an IRS recognized 501 c 3 to receive tax ...
  A: No, a church is not required by the IRS to be recognized 501 c 3 to receive tax deductible gifts if ...
Starting a church retreat scholarship award8/28/2008Harvey Mechanic
  Q: We just received a $1000 grant to use for the sole purpose of creating a retreat scholarship so that ...
  A: The IRS does not use the term "Scholarship" except in a primarily educational setting. See at the ...
scrip & compliance8/27/2008Harvey Mechanic
  Q: Our 501c3 Booster organization sells scrip (retailer gift cards purchased at a discount and sold at ...
  A: You are welcome. You wrote that "The salespeople are members of the organization and do not receive ...

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