Many people feel a sense of dread when they receive a letter from the IRS. Often, people will comply with whatever request is made, assuming that they must have made a mistake when completing their tax return. But what if that letter isn’t really from the IRS? Scams involving people claiming to represent the IRS are so prevalent that the IRS has an entire page on their website devoted to helping determine if an encounter is actually with an IRS representative.

In her latest report, the National Taxpayer Advocate, Nina E. Olson, says that the IRS still isn’t asking for enough information on the simplified Form 1023-EZ to ensure organizations using the form actually qualify for the exempt status. Further, a soon to be released revised Form 1023 runs the same risk.

If your organization neglects to file the required annual forms with the IRS for three consecutive years, you will lose your tax-exempt status. Loss of your tax-exempt status will likely mean loss of donors, so it is imperative that you take action to reinstate your status immediately. Use the steps we’ve outlined below to reclaim your nonprofit designation.

Hopefully your organization already ensures that donors receive a receipt with information about claiming a charitable contribution deduction on their tax return. Did you know that your obligations may go further than that? For noncash donations, you might have responsibilities related to certain tax forms. 

The Tax Cuts and Jobs Act of 2017 that was signed into law on December 22, 2017 contains several provisions, including some related to qualified transportation fringe benefits.

The Tax Exempt and Governmental Entities (TE/GE) division of the IRS consists of three subdivisions, as follows:

1. Exempt Organizations subdivision (EO)
2. Employee Plans subdivision (EP)
3. Federal State and Local Governments subdivision (FSLG)

The 2016 tax year brings specific compliance issues into focus for each of these three subdivisions.

Form 990 disclosure pumps up the urgency of state registration

For years Anytown, USA, Charity has asked for donations from out-of-state residents. This started on a small scale — a handful of the charity’s donors retired in other states or lived there part of the year.

Now the charity has begun to reach out to hundreds of potential contributors in multiple states. The Internet makes it easy and inexpensive for the not-for-profit to solicit funds outside of its backyard. But along with this expansion comes the need for registration in additional states.

Nonprofits have pursued corporate sponsorships for years, with good reason. Effectively executed, sponsorships can benefit both sponsor and organization. But if your nonprofit isn’t careful, a sponsorship can be deemed paid advertising and your organization could end up liable for unrelated business income tax (UBIT). Although the Internal Revenue Code includes an exception from UBIT for certain sponsorship arrangements, navigating the rules can prove tricky.

Changes to not-for-profit reporting rules are coming. Are you familiar with the FASB’s proposed new model of reporting for not-for-profit organizations, Presentation of Financial Statements of Not-for-Profit Entities? Currently, the FASB is reviewing comments received for this proposed standard, which was issued in April, and the FASB will consider comments received during a comment period that closed August 20 before setting an effective date. The proposed changes will require retrospective application once adopted.

We have summarized the following areas we consider to be the significant changes outlined in the proposed standard.

The Financial Crimes Enforcement Network (FinCEN), a bureau of the U.S. Department of the Treasury, requires the annual filing of FinCEN Form 114, Report of Foreign Bank and Financial Accounts, by organizations that had an interest in, or signature or other authority over, financial accounts having an aggregate value exceeding $10,000 in a foreign country at any time during the calendar year reported.  Financial accounts include bank accounts, brokerage accounts, mutual funds, trusts, or other types of foreign financial accounts.  Keep in mind that the FinCEN Form 114 supersedes the prior Form TD F 90-22.1.