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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

Does any 501(c) option make sense for a roller derby team?10/5/2008Harvey Mechanic
  Q: I am a player on an increasingly successful amateur roller derby team that is looking to ...
  A: Yes, generally. http://www.npccny.org/info/gti2.htm reviews the Federal Volunteer Protection Act ...
Does any 501(c) option make sense for a roller derby team?10/5/2008Harvey Mechanic
  Q: I am a player on an increasingly successful amateur roller derby team that is looking to ...
  A: As the organization is not for youth aged 18 or under and is not on the level of national ...
Sponsorship of Univ. Radio Station10/5/2008Harvey Mechanic
  Q: I'm with a private university radio station in Arizona and we are beginning to work on finding ...
  A: Some acknowledgment of about 10 seconds is accepted for every half hour. More than that may be ...
Sponsorship of Univ. Radio Station10/4/2008Harvey Mechanic
  Q: I'm with a private university radio station in Arizona and we are beginning to work on finding ...
  A: If the sponsors and the university sign an agreement that the funds would be going to the Radio ...
Can a 501c3 Own a Majority Interest in a for-profit corporation10/4/2008Harvey Mechanic
  Q: Can a 501c3 own a majority interest in a for-profit corporation and then receive divident/profit ...
  A: A 501(c)(3) organization may invest in for-profit corporations in a passive way and the dividends to ...
501c3 Owning Income-Producing Real Estate10/4/2008Harvey Mechanic
  Q: We would like to hold commercial real estate investments that produce income inside of the ...
  A: Generally it is taxable as their is debt-financing. Please read pages 14-19 on Unrelated ...
nonprofit board meetings10/3/2008Harvey Mechanic
  Q: do the employees of a nonprofit museum have a right to go to board meetings or to see the minutes of ...
  A: Unless specified in the Articles of Incorporation or bylaws they would not have such rights unless ...
Religious Org vs. Church10/3/2008Harvey Mechanic
  Q: I am starting a 501c3, however, I would like to know if there are any tax advantages to registering ...
  A: It would already need to have a congregation but the period of time is not clear. I have not seen ...
Religious Org vs. Church10/3/2008Harvey Mechanic
  Q: I am starting a 501c3, however, I would like to know if there are any tax advantages to registering ...
  A: The fact that your organization is "interfaith" does not, in itself, preclude church designation. ...
501(c)7 vs 501(c)1010/3/2008Harvey Mechanic
  Q: What is the difference between 501(c)7 and 501(c)10 organizations?
  A: A 501(c)(7) social or recreational organization is discussed at www.irs.gov/irm/part7/ch10s10.html ...
Donation of Clothes to Pastor10/3/2008Harvey Mechanic
  Q: We are a private Christian school and have reached out to neighboring pastor with the purchase of ...
  A: It appears that you are giving clothes to be used by the Pastor. I am assuming that your private ...
Can you use same EIN number from business for a non-profit corp.10/3/2008Harvey Mechanic
  Q: I am currently volunteering as a coach for a equestrian drill team, the team was formed by a friend ...
  A: A new EIN would need to be obtained as EIN numbers go to different type of entities. See ...
Designated offering in a church10/2/2008Harvey Mechanic
  Q: Can a finance committee or pastor or deacons change a designated offering or gift to the church and ...
  A: You can certainly ask for a refund of the $500. But, generally, donors give up any authority over ...
donations do I have to make one10/2/2008Harvey Mechanic
  Q: if I am going to see the Maharaji and he asks for $125 donation do I have to give one?
  A: I would need to see the particular writing in which that $125 is mentioned. Sometimes people use the ...
Differing Fiscal Years10/2/2008Harvey Mechanic
  Q: I read your posting on how to change your fiscal year which I may find very useful, depending on ...
  A: It appears that you are stating the your 1023 application for exemption had an incorrect fiscal year ...
Renting to a 501(c)(3)10/2/2008Harvey Mechanic
  Q: Are their any inherent problems renting to a 501(c)(3) organization? I have requested: 1. ...
  A: Small 501(c)(3) organizations generally have a problem with governance more than regular for-profit ...
Non-profit 501c3 all star cheerleading booster club10/2/2008Harvey Mechanic
  Q: Can a person use raised monies through an non-profit 501c3 organization and pay different gym then ...
  A: No. The Board of Directors may not allow individuals to use money that was fund-raised by them or ...
The Presidents athority10/1/2008Harvey Mechanic
  Q: We have a President of our booster club that picks which by-law she wants to use. She all so ...
  A: Get one of the recent Board members to file a court action. That is all that I can think of. If ...
Church Incorporation10/1/2008Harvey Mechanic
  Q: Since I will not incorporate my church, I should apply for EIN as an unincorporated association. Is ...
  A: The EIN itself does not grant the goverment any additional authority over your organization. If, in ...
Church Incorporation10/1/2008Harvey Mechanic
  Q: I have been researching and I have found out that a church is not required to incorporate, which was ...
  A: See instructions to Application for Exemption www.irs.gov/pub/irs-pdf/i1023.pdf in the right column ...
Church Incorporation10/1/2008Harvey Mechanic
  Q: Since I will not incorporate my church, I should apply for EIN as an unincorporated association. Is ...
  A: I don't know what you mean by free church, but unless you want to run the church under your Social ...
Board liability10/1/2008Harvey Mechanic
  Q: Board members of our non-profit have not filed 990s since 2005 nor have they completed a 1023. We ...
  A: Usually officers, not Board members would be the person responsible for non-filing, but it would ...
gift certificate - auction10/1/2008Harvey Mechanic
  Q: Non-profit located in California. Regarding Live Auction item - does an auction item have a built ...
  A: Well it comes down to whether he is due a refund and that is questionable as it has been 4 years. ...
New Income for 501(c)710/1/2008Harvey Mechanic
  Q: While I am not sure whether we are filed as a 501(c)3 or 7, I am sure the answer would reflectt he ...
  A: I would need to know whether yours is a (c)(3) or (c)(7). You can easily find out in the Articles ...
Domain name/web site for 501(c)(3)10/1/2008Harvey Mechanic
  Q: Our high school alumni association is a registered 501(c)(3) charity. Is it a requirement for our ...
  A: You may use any extension type url, either .org or .com is fine. --start of excerpt --- Although ...
CHARITABLE CONTRIBUTION?9/30/2008Harvey Mechanic
  Q: Harvey: Our church is going to hire a banjo picker to perform at our Harvest Celebration. The cost ...
  A: Usually the IRS does not go after churches for events like that as most of the labor is performed by ...
Non profit organization9/30/2008Harvey Mechanic
  Q: I am a part of a organization of about 70 families. We want to be incorporated as non profit. ...
  A: You could incorporate, if you wish, in your state under the nonprofit provisions, as yours appears ...
CHARITABLE CONTRIBUTION?9/30/2008Harvey Mechanic
  Q: Harvey: Our church is going to hire a banjo picker to perform at our Harvest Celebration. The cost ...
  A: The answer depends upon whether the Harvest Celebration is an unrelated business activity of your ...
gift certificate - auction9/30/2008Harvey Mechanic
  Q: Non-profit located in California. Regarding Live Auction item - does an auction item have a built ...
  A: It appears that the item was "sold" according to the law on California gift certificates and, ...
gift certificate - auction9/30/2008Harvey Mechanic
  Q: Non-profit located in California. Regarding Live Auction item - does an auction item have a built ...
  A: The organization must send to the IRS a 1099-Misc indicating the amounts of the refunds given to ...
Airline Ticket paid by Non-profit9/30/2008Harvey Mechanic
  Q: If a donation of $2,000 is made with direction that a airline ticket needs to be purchased for a ...
  A: It appears that by "a student" you don't mean a student from a large list of students, but a ...
tax lien9/30/2008Harvey Mechanic
  Q: If a client wishes to form a non profit corporation and has a state tax lien in the state he is ...
  A: This forum is only for federal tax questions regarding 501(c)(3) public charities as I have ...
501(c)39/30/2008Harvey Mechanic
  Q: I want to have a sports camp in WV. I would like to know if it will qualify as a tax-exempt, ...
  A: Before we look at the gross income we need to look at the organizational documents and operation to ...
501(c)3 fundraising9/30/2008Harvey Mechanic
  Q: Can a 501(c)3 youth sports organization mandate that youth participants sell a specific dollar ...
  A: The IRS may have a problem with a 501(c)(3) organization allowing individuals to collect funds to go ...
501c3/raffle9/29/2008Harvey Mechanic
  Q: Question I have a 501c3 charity in the state of Florida/all funds go to education.My question is ...
  A: Raffles would be controlled in each state where they are held. See ...
NON PROFIT LOANING MONEY TO A CITY?9/29/2008Harvey Mechanic
  Q: would it be legal for a hospital foundation (501 (c)(3) - to make an interest bearing loan to the ...
  A: Yes. There is no prohibition on a 501(c)(3) organization making an investment as long as the ...
Board of Directors Elections9/29/2008Harvey Mechanic
  Q: I am currently on the BOD for a youth sports league. There is nothing in the bi-laws of our league ...
  A: It would depend whether yours is a Public Benefit or Mutual Benefit, but ...
Board of Directors Elections9/29/2008Harvey Mechanic
  Q: I am currently on the BOD for a youth sports league. There is nothing in the bi-laws of our league ...
  A: What you are referring to is what is called Roberts Rules of Order which does not have any validity ...
bylaws/board members9/29/2008Harvey Mechanic
  Q: I am essentially an administrative assistant doing the paperwork to form a non-profit, tax-exempt ...
  A: This forum is only for federal tax questions regarding 501(c)(3) public charities as I have ...
nonprofit money lending9/29/2008Harvey Mechanic
  Q: Can a 501(c)(3) hockey association lend money to a student hockey team upfront in the year so they ...
  A: I am assuming that the 501(c)(3) hockey association is well within its exempt purposes if it gives ...

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