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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

not for profit boards & required membership10/15/2008Harvey Mechanic
  Q: Can a 501c3 require people to join? Our organization is to teach yoga. It certifies teachers. As ...
  A: A 501(c)(3) organization may not require someone to join. However, 501(c)(3) organizations may hold ...
how to sell a non-profit drug rehab10/15/2008Harvey Mechanic
  Q: I want to sell my non-profit drug rehab and move out of the country. There are 3 houses full of ...
  A: Is the organization a IRS recognized 501(c)(3) organization? If so, you personally may not sell the ...
open meetings for 501c610/14/2008Harvey Mechanic
  Q: In CA, is it required that business meetings be open to the public for a chamber of commerce ...
  A: Open Meetings Laws in Different States. Sunshine laws 501(c)(3) organizations are exempt from the ...
Non Profit Community Association10/14/2008Harvey Mechanic
  Q: Can you explain what type non profit files an 1120?
  A: This forum is only for IRC 501(c)(3) issues of public charities as I have explained in my profile. ...
Booster club for a for-profit dance studio10/14/2008Harvey Mechanic
  Q: Our dance studio is located in Ohio and the officers of the booster club being started have stated ...
  A: This forum is only for IRC 501(c)(3) issues of public charities as I have explained in my profile. ...
Dance Team starting a 501(3)(c)10/14/2008Harvey Mechanic
  Q: Some parents at our dance studio have gotten together and are going to start a non-profit charitable ...
  A: As long as a point system gives benefits based upon work, then the arrangement for 501(c)(3) booster ...
partnerships with non-profit foundations10/14/2008Harvey Mechanic
  Q: The Cherry Foundation (link thru www.cherryhospital.com)states a separate entity from Cherry Hosp. ...
  A: 501(c)(3) organizations may partner with other nonprofits or even with for profit organizations. ...
non profit church as an independent rep for a network marketing company10/14/2008Harvey Mechanic
  Q: will a church lose it's non profit status if it signs up as an independent rep for a multi level ...
  A: See www.irs.gov/pub/irs-pdf/p598.pdf IRS Publication 598 "Tax on Unrelated Business Income of Exempt ...
Dance Team starting a 501(3)(c)10/14/2008Harvey Mechanic
  Q: Some parents at our dance studio have gotten together and are going to start a non-profit charitable ...
  A: The point system is not allowed for 501(c)(3) booster organizations. The 501(c)(3) organization ...
dissolving a non-profit10/14/2008Harvey Mechanic
  Q: we are going to be dissolving a non-profit in ma, I know there are fees to ma, but are there federal ...
  A: No federal fee for dissolving. But after dissolving with the State you should then notify the IRS ...
IRS rules on community fundraising10/13/2008Harvey Mechanic
  Q: My church (I assume a 501(c) 3, ) is planning on holding a community fundraising event to benefit ...
  A: No, you would not need to note the amount, time and date from each store unless you want to keep ...
IRS rules on community fundraising10/13/2008Harvey Mechanic
  Q: My church (I assume a 501(c) 3, ) is planning on holding a community fundraising event to benefit ...
  A: Collection seems fine. Just note from donations from cans placed in retail stores. Public ...
501 (c) (3) recordkeeping & audits10/13/2008Harvey Mechanic
  Q: I'm aware of a 501(c)(3) animal rescue organization that aren't doing thing properly. My first ...
  A: Complaints could go to your State's Attorney General's Office as that office generally oversees ...
Quorum10/13/2008Harvey Mechanic
  Q: We had a special meeting to adopt a new bylaw per the request of the IRS. The old bylaw says 2/3 ...
  A: You would need to have followed the rules of the old bylaws in adopting new bylaws. What you are ...
Donation Refunds10/12/2008Harvey Mechanic
  Q: I was co-chair of an unincorporated association which formed to organize our senior mobilehome ...
  A: This forum is only for federal tax questions regarding 501(c)(3) public charities as I have ...
NPO donation letter10/12/2008Harvey Mechanic
  Q: I volunteer with an NPO who is 501(c)(3) and need a sample letter that I can copy for other ...
  A: People who donate services do not get a deduction. As to charitable deductions: See IRS Publication ...
Foreign non profit charitable org operating in the USA10/12/2008Harvey Mechanic
  Q: What is the law governing foreign non profit charitable organizations, recognized as such in their ...
  A: In order to operate and have donations deductible by the donors according to Internal Revenue (IRS) ...
Tax ramifications for formation of non-profit as corporation or unincorporated associations10/12/2008Harvey Mechanic
  Q: Harvey: I would like to start a non-profit and am trying to decide whether to form a non-profit ...
  A: The IRS grants exemption to LLCs that are properly organized and operated. However, it only would ...
Fundraising Events10/11/2008Harvey Mechanic
  Q: I am an independent sales contractor for our local newspaper. Currently, I am developing a project ...
  A: Not if they are a corporation. See www.irs.gov/pub/irs-pdf/i1099msc.pdf which is the IRS ...
Tax Exemption Privilege Not Right10/11/2008Harvey Mechanic
  Q: I want to start a Christian charity for disabled adults in the state of Georgia U.S. I don't want to ...
  A: You certainly do not need to file but then you organization will be treated just like a normal ...
Fundraising Events10/11/2008Harvey Mechanic
  Q: I am an independent sales contractor for our local newspaper. Currently, I am developing a project ...
  A: You are asking about a business expense and it appears that you are going to be paying the nonprofit ...
soliciting funds10/10/2008Harvey Mechanic
  Q: I am building a youth camp in Florida that is registered as a non profit inc. We have never ...
  A: This forum is only for federal tax questions regarding 501(c)(3) public charities as I have ...
seperation of nonprofit & for profit sudsidiary10/10/2008Harvey Mechanic
  Q: Harvery: The current 501c3 owns a for profit subsidiary we have up until now had everything ...
  A: The 501(c)(3) organization should not use much of its own time and no assets in administering a ...
501(c)10/10/2008Harvey Mechanic
  Q: I have a small non profit that I started last year in December. I do not have any money to file a ...
  A: If you were formed correctly and operate correctly you would not need to file if you are so small. ...
how to locate an org's status10/10/2008Harvey Mechanic
  Q: Harvey, where would one go to view papers filed and IRS or state approved for a 501C3 status? In ...
  A: There is no web access for the public to view 1023s. You can request directly from the IRS. Anyone ...
gymnastics booster club and fundraising10/10/2008Harvey Mechanic
  Q: This is a follow-on question from 7/5/07 from a gymnastics booster club. My question is: Can ...
  A: The question from 7/5/07 appears to have been about a booster organization. Are you asking now also ...
how to locate an org's status10/10/2008Harvey Mechanic
  Q: Harvey, where would one go to view papers filed and IRS or state approved for a 501C3 status? In ...
  A: I suggest ignoring the State filings and just look at the federal (IRS) filings. To look for ...
Corporation vs Organization10/10/2008Harvey Mechanic
  Q: I am confused as to the difference between a corporation and organization. We filed Articles of ...
  A: A Corporation is only one type of nonprofit organization. Other types are unincorporated ...
Under a Nonprofit Umbrella10/9/2008Harvey Mechanic
  Q: We are a small regional publication, an LLC, supported by some contributions and some advertising. ...
  A: The IRS grants exemption to LLCs that are properly organized and operated. However, it only would ...
Transfer of Booster Club Funds10/9/2008Harvey Mechanic
  Q: Our Booster Club, a 501(c)3 is having leadership issues and the Coach wants to have the Booster Club ...
  A: A 501(c)(3) booster organization's Board may decide to fund youth programs of another 501(c)(3) ...
Tax deductibility of Preferred Seating payments10/9/2008Harvey Mechanic
  Q: In 2009, the University of Minnesota will open an open-air new stadium. 48% of the building cost is ...
  A: See See IRS Publication 526 "Charitable Donations" www.irs.gov/pub/irs-pdf/p526.pdf starting on the ...
employee compensation10/9/2008Harvey Mechanic
  Q: I teach at a college where I helped students set up a small business to serve as a "education ...
  A: The IRS does not allow 501(c)(3) organizations to give someone more compensation than is reasonable. ...
Can a church borrowing money from Earmarked Funds10/9/2008Harvey Mechanic
  Q: My church is struggling with paying rent. For the last few months there has been more month than ...
  A: This forum is only for federal tax questions regarding 501(c)(3) public charities as I have ...
Remuneration for member of board of directors10/9/2008Harvey Mechanic
  Q: Our church is small and we have no paid staff. We are considering establishing a paid position for ...
  A: Yes. Form 1099-misc for Board members --start of excerpt --- Directors of a corporation - members ...
Attributing donations10/8/2008Harvey Mechanic
  Q: One of our supporters owns a small service-oriented business. Recently he began a program of not ...
  A: I don't see any problem doing what many public charities do, in other words, sending a note to the ...
Attributing donations10/8/2008Harvey Mechanic
  Q: One of our supporters owns a small service-oriented business. Recently he began a program of not ...
  A: You would treat that as a donation without anything received. See the IRS Publication "Charitable ...
University Chaplain10/8/2008Harvey Mechanic
  Q: I was wondering if a university chaplain would be eligible for the same IRS treatment as if he were ...
  A: See IRS Publication 517 Social Security and Other Information for the Members of the Clergy and ...
membership fee tax exempt?10/8/2008Harvey Mechanic
  Q: my Boss has had a 501(c)(3) from Breckenridge, CO. She is now moving it to Nashville, TN. How would ...
  A: This forum is only for federal tax questions regarding 501(c)(3) public charities as I have ...
501c310/8/2008Harvey Mechanic
  Q: I am confused about the legal difference between a 501c3 public charity or public foundation. If ...
  A: This forum is only for federal tax questions regarding 501(c)(3) public charities as I have ...
Non-Profit VS Sole Proprietorship10/8/2008Harvey Mechanic
  Q: I am a Christian rap artist/performer/preacher. I actively tour, provide sound and lighting, ...
  A: The main reason, in your case, that someone would want to have 501(c)(3) organization recognition ...

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