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Nonprofit Law/employee salary disclosure

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Question
QUESTION: as a member of a nonprofit organization, do i have the right to know what the employees of the nonprofit make in income from the nonprofit?

ANSWER: Are you a voting member of the organization? Is the nonprofit a Idaho nonprofit corporation? After you give me that information I will reply further.

Harvey Mechanic
Attorney at Law
Harvey108@hotmail.com

P.S. This response is intended to be a general statement of law, should not be relied upon as legal advice and does not create an attorney/client relationship.

---------- FOLLOW-UP ----------

QUESTION: Yes. I am a voting member. It is a idaho nonprofit. Not sure if it is a corporation or just an organization.

Answer
You can search at http://goo.gl/HzfyJw for Idaho entities with the
File Type codes on the right of that page.

If it is a corporation (and you wrote it is a nonprofit, then the Idaho Nonprofit Corporation Act, which is found at http://law.justia.com/codes/idaho/2014/title-30/chapter-3 applies.  Specifically see ID Code 30-3-134 (2014) which is available at
http://law.justia.com/codes/idaho/2014/title-30/chapter-3/section-30-3-134 as to the Financial statements for members upon written demand.  Other than that, unless the articles of incorporation or bylaws provide them more access, the corporation is not required to provide members with further financial information. Financial statements generally give total employee salaries but they do not give the details as to each employee's salary. http://goo.gl/m3tEXD

If a nonprofit has received IRS exemption determination or files annual returns (Form 990) with the IRS it has an obligation to provide anyone with certain copies. See FAQs About the Exempt Organization Public Disclosure Requirements http://goo.gl/CjGc3

Harvey Mechanic
Attorney at Law
Harvey108@hotmail.com

P.S. This response is intended to be a general statement of law, should not be relied upon as legal advice and does not create an attorney/client relationship.

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Harvey Mechanic

Expertise

I am an attorney and I volunteer time to answer general questions about U.S. Federal income tax issues of nonprofit 501(c)(3) public charities only. Those questions could be about 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 possible 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. If you do not make your question public then I will not be spending much of my donated time on answers that would not benefit the public. If you have other questions, please contact me at Harvey108@hotmail.com I will reply from my email. In any case, do not reveal confidential information to me until after I have contracted with you to provide personal legal services. My responses on this forum are intended to be general statements of law, should not be relied upon as legal advice, and do not create an attorney/client relationship. For me to consider your individual situation and how the law applies, I would need to gather extensive information about the situation. To search my previous answers you can do a Google search by "site:allexperts.com/q/nonprofit" without the quotes and then add your search terms before hitting enter.

Experience

I have been practicing law and especially the law of nonprofit organizations since 1990 when I was admitted to the New York Bar and I have maintained my status with the Bar since that time.

Education/Credentials

B.S. Columbia University in New York City, 1970

J.D. (Law Degree) Brooklyn Law School, 1990 -- Cum Laude.


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