Answer Bar: How to Protect Your Nonprofit

Session 01: Setting Up a Nonprofit: State Law and Organizational Issues and Considerations - Establishing a solid legal and tax foundation is essential for nonprofits. This presentation addresses how to prevent organizational building blocks from becoming missional roadblocks.

Session 02: Applying for and Maintaining Tax-Exempt Status - Hear what you need to know to become tax exempt and to stay that way.

Session 03: Reporting Obligations for Section 501(c)(3) Organizations - Explore compliance requirements for charitable organizations with IRC section 501(c)(3) status. Provide a framework for the reporting obligations at the federal and state levels. The federal reporting discussion will concentrate on the key reporting items of the Form 990 and when other forms may be required. Discuss the high-level requirements for state registrations for nonprofits, charitable trusts and charitable solicitations.

Session 04: Regulatory Horizons Interplay: State and Federal Enforcement - Ex-regulators for both the IRS and states attorney general offices provide perspectives on enforcement activity from the “outside," including a discussion on cooperation amongst the states’ AGs, and communication between state regulators/the IRS. Are they sharing? How does one’s enforcement efforts affect the other?

Session 05: IRS Audits - An IRS audit won’t happen to my organization, you say—until it does. Audit preparedness should be at the center of any good compliance regime for a Section 501(c)(3) public charity or private foundation, whether you’re audited this year or in 2030. Review the basics of an IRS audit and gain practical advice on preparing for, understanding, managing, and ultimately surviving the audit process.

Session 06: Governance: Essential Organizational Policies and Protections - A strong set of policies serve as a key building block in good governance and organizational effectiveness. This session offers an overview and discussion of a number of standard organizational policies to better understand not only the nature of the policies and their format but also what they are designed to accomplish and how they interact with insurance and tie into an overall compliance program.

Session 07: Governance: Managing an Internal Investigation - Explore the anatomy of an internal investigation from a governance perspective— from the allegations, through the first moves and the next steps, to the investigation’s findings and aftermath. An internal investigation can be a complex, fast moving and highly fraught legal experience not for the faint of heart and understanding the role of the board is imperative to a successful outcome. The scope (and costs) can easily get out of hand, and there are many landmines hidden throughout the process. Discuss the following with a special focus on the governance considerations: Who do you tell and when (the executive team, the executive committee, the board, key donors or other stakeholders)? What is the role of each stakeholder and how do you navigate disagreements? Do the allegations warrant a full-fledged investigation or would that be an over-reaction? Do you bring in outside counsel or other third parties (forensic accountants or other experts) and when? What is the proper scope of an investigation? What are the legal and privilege issues involved, in particular when interviewing employees and former employees? What are the communications/PR concerns? What do you do with the findings? Do you do a written report? What should come out of the investigation (employment actions, governance reforms)? Do you self-report to the IRS or other regulators? What do you make public and when? And what is the role of the board (or a board or special committee) in navigating each of these questions?

Session 08: Protecting Your Nonprofit Client: Opinions, Privilege, and Return Positions - A practical overview of the legal requirements of tax opinions, the attorney-client privilege in tax situations, and the various types of tax advice on return positions. Discuss the myriad of penalties on organizations and tax return preparers. Hear real-world examples of problems that non-profit organizations face and best practices to solve those problems.

Session 09: Commercial Activities and UBIT - Exempt organizations are increasingly focused on generating additional revenue, capitalizing on tangible and intangible assets, and partnering with for-profit entities. This session will cover trends in the area, instances of how the UBIT rules apply, and examples of how including tax in early stage project/revenue planning can add value, improve post-tax returns, and avoid unpleasant surprises.

Session 10: Election Year Issues: Political Engagement and Affiliated Structures - A practical exploration of the rules regarding political engagement across the nonprofit sector, including how to maximize impact through the use of affiliated structures.

Session 11: MASTER CLASS: Accounting for Non-Profits: Understanding the Balance Sheet and Financial Statements (and the Form 990 Connection) - Hear components of a Non-Profit Organization’s financial statements, including the footnotes, and how information tells the Non-Profit Organization’s financial story. Additionally, learn how to identify differences between the financial statements and the Form 990.

Session 12: Cybersecurity and Data Protection Issues Affecting Non-Profits - Many nonprofits collect and store sensitive personal information that is protected by law from identity theft. When there is a breach of the security protecting this sensitive personal information, that poses a risk for the individuals whose data was disclosed, and for the nonprofit that will now potentially be subject to liability for the data breach. This presentation features takeaways for non-profits about how to - at a minimum - assess the risks of a data security breach, and protect its data from unauthorized disclosure.

Includes: Video Audio Paper Slides