Category Archives: IRS

A Nonprofit News Round-Up

roundupToday I just have a short round up of interesting items from the last few weeks.  But I first want to say thanks to the Nonprofit Congress Blog for mentioning this blog in the Nonprofit Blog Carnival it recently hosted.

This piece is from mid May but it is worth another mention.  The article is on administration costs and charity ratings from the Good Intentions Are Not Enough blog.  The premise is that the focus on administrative costs can do harm than good, and I agree with the author’s arguments.

This article from the Nonprofit Professionals Advisory Group is a nice wrap up of the President’s Stimulus plan and its possible effects for the nonprofit sector.  From helping organizations stay afloat to expanding others, there is a lot to know about the plan.

Our sector is not immune to questionable ethical decisions.  This article from the Stanford Social Innovation Review highlights some of the issues specific to the nonprofit sector and ways to promote ethical behavior in charitable organizations.

When groups talk about saving money all options should be on the table.  But eliminating Directors and Officers liability insurance is a risky option.  This article gives some good reasons why you shouldn’t cut it and some tips about judging your own coverage or shopping for other coverage.  Here is a good resource for D&O insurance and other organizational coverages.

Nonprofit Resources – Three helpful items

Have a question about a nonprofit issue?

BoardSource has a really nice Question and Answer section.  Some of the items are member only but there is plenty of free information available.  This site also has a bunch of Q&A’s here.

How does a nonprofit go out of business?

While there may be some state specific rules you’ll need to look up, the IRS recently published this piece on how to terminate an organization.

Private Inurement, Excess Compensation, Intermediate Sanctions, and Rebuttable Presumption

This free publication from GuideStar outlines what the IRS expects of charities and how we can comply with the rules that govern 501(c)(3) organizations.

Employee Classification

Answers HereA little of this, and a little of that today; employee classification issues and two Q&A’s: payroll and capitalization issues.

Exempt vs. Nonexempt, Independent Contractor vs. Employee

I came across what I think is an interesting piece, The workplace violations feds will be investigating this year.  Not surprisingly there is an increase in funding for the Wage and Hour Division, specifically to look and exempt vs. non-exempt employee classification.  Another popular item to look at is the misclassification of employees vs. independent contractors.

Why are these areas of interest to look at?  Two reasons I can think of off hand, with the first being to protect workers.  Exempt vs. non-exempt, independent contractor vs. employee, all of those are very specific designations with differing employer responsibilities.  Putting someone in the wrong bucket may violate an individual’s rights.  The second reason is that the IRS wants to make sure it is getting all that it is due from the employer or individual in the form of payroll and income tax.  Even part 5 of the updated form 990 asks more questions about payroll and withholding amounts.

Misclassification of employees has always been a big compliance problem for nonprofits and forprofits alike.  I have heard more than once someone tell me, “No one would sue us, we’re a nonprofit.”  If that was ever true, it is true no longer.  Any employee, no matter what the sector, who feels unfairly treated may sue their employer.  To help mitigate lawsuits, as well as unwanted attention from state and federal regulators I encourage all nonprofit employers to make sure the folks they are paying are classified correctly.  For starter the IRS has a nice pdf on Independent Contrator issues, and other resources here.  A good primer on exempt and nonexempt issues can be found here.

Questions and Answers: Payroll

I just started doing bookkeeping for a non profit. I have to set up payroll and payroll takes but I’m not sure where to start. Do I have to notify the IRS?  How about my state taxes?

Are you using a payroll company? I would strongly recommend you do. There are plenty of companies out there. They usually handle all the forms and take all the responsibility in case anything goes wrong. Payroll is one of the few things I have intentionally avoided learning about as it is so cheap to outsource it, it is pretty much a commodity at this point.  I recommend comparing the price and services they offer.  Do they offer a time tracking system?  Do they integrate with your accounting software?  Do you have the option of doing it all on-line?

Questions and Answers: Capitalization

We received $30,000 to be used to replace part of our building. The cost to do this was $40,000. What amount should be capitalized – the entire $40,000 or the  $10,000 that we had to come up with?

The entire cost of the repair should be capitalized. Regardless of how it was paid for the cost was $40,000.00.

Nonprofit Administrative Costs

Two questions recently got me thinking about administrative and overhead expenses.  Below are the questions and the answers I sent:

Question #1: Should a depreciation expense be included in the calculation when looking at the percentage of administration expenses to total operating expenses with a nonprofit?

Answer: It is a good idea to allocate and include depreciation expense in program(s), admin and fundraising. This helps show the cost of doing the work, as at some point equipment will have to be replaced and it is good to know which program is “using” it the most. If your organization does an audit it will show depreciation as a part of your total expenses and allocate it across all your functional areas.

Question #2: We have two independent contractors doing work for our nonprofit. Is the money paid to these people “administrative costs” straight across, or can we separate it out by program? Doesn’t this all come under administrative costs?

Answer: How you code the transactions will depend on the type of work you paid for. If the consultants worked on administrative tasks, their fees would be an administrative cost, if they worked in program areas it would be program costs. Just because the expense is for an independent contractor does not mean it is automatically an administrative cost.

I’ve linked to this topic in my Q&A section and below is what the IRS says about administrative costs in the updated Form 990 instructions on page 33:

990-page-33

Click on the image for a larger / clearer view

A nonprofit’s expenses are classified by what they were used for within the three broad categories / functional areas of administration, program and fundraising.  Program costs are considered direct expenses, expenses that have a direct effect on fulfilling the mission of the nonprofit organization.  Administrative costs are indirect expenses, they affect the mission of the organization indirectly.  The organization can’t get by without those expenses but, according to the IRS and others, they have no direct effect on the mission.

This point, of course, can be argued and I think it is where much of the confusion resides when talking about classifying nonprofit expenses.  But this is the world we operate in and those are the rules, so it is best to make sure we understand the rules so we can present our numbers in the most honest fashion to show what it costs to do the work we do.

Another nice breakdown of what administrative / overhead costs are comes from this post from the Nonprofits Assistance Fund.  It links to this pdf of overhead cost definitions which is very handy.  That post also brings up the specter nonprofits face of spending too much on overhead expenses and the focus on the financial ratio of administrative expenses to program expenses.  While that may be a useful figure, I think we need to always keep in mind just what expenses are admin and what are program so we know just what is being measured.  Then we need to make sure that as a sector we are all labeling our expenses the same way.

And while we are looking at those ratios we need to look at the nonprofit’s ability to deliver its mission.  One financial ratio used in isolation is no true measure of any organization.  Only by looking at both the numbers and the program outcomes can we judge whether an organization is effective or not.