Update to case study of legal and accounting costs during a major multi-year IRS audit

Update: The IRS has closed the audit.

The 2013 990 tax return and audited financial statements for Food for the Hungry (FH) are hot off the press and available at their website.

I previously discussed the costs incurred by Food for the Hungry to address their audit from the IRS. See previous post: Case study of legal and accounting costs during major IRS audit.

I am looking at that situation because this audit is of interest to the wider non-profit community and it is also a case study of the costs involved in a major dispute.

Try to stay out of court

Here are two posts on the whole idea of avoiding litigation:

Update of costs

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Consider carefully before you start an NPO to get grants – advice for arts organizations and other creative people

Is it a good idea for an artist to create an NPO to get grant money?

If you’ve been wondering, consider the advice from Corbett Barklie at KCET: Should I Become a Nonprofit?

In addition to the cost and time involved in forming an NPO, the article points out the cost and time to maintain the infrastructure.

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Retraction of advice on mileage reimbursement to volunteers

I retract my previous comments on the rate that may be used by a charity to reimburse its volunteers for personal use of vehicles.

By Congressional action, individuals may deduct $0.14 per mile for the personal use of vehicles while performing volunteer services to a tax-exempt charity. Reimbursements by the charity to the volunteer should be limited to the same amount, $0.14 per mile. Any reimbursement over that rate should be reported as personal income to the volunteer.

June 30 deadline approaching for filing report if you hold overseas bank accounts

I’ve previously asked Do you use an overseas bank account in your ministry? Then you may have a filing requirement for that account.

Here’s the issue: The federal government has a requirement to file a specific report if you have financial accounts outside the U.S. that have more than $10,000 in the account at any point during the year.

This filing requirement applies to the organization and any individual with signature authority on the account. That means your ministry must file reports (if your accounts clear the threshold on any day of the year) and every check signer must as well.

For just a little more detail, you can read the other posts on this blog at this tag.

If you want some deep detail, check out an article by Karen Nakamura, at Corporate Taxation Insider: Foreign bank account reporting.

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Answers to a few tax questions

Corey Pfaffe answers lots of nonprofit tax questions at his blog, MinistryCPA. If you work in the accounting part of the nonprofit world, might be a good idea to check out his site regularly. Here’s a few of the recent posts of interest:

Check out the links for answers. 

That first item on donated services is a question I receive often.

An example of how that can be phrased:

Can our charity issue a tax-deductible receipt for the value of work done by contractor at no charge?

Here’s a very unaccountant-like answer in terms of brevity:

No. You can’t.

Prof. Pfaffe has lots more info at his blog. Check it out. If you use an RSS reader, add his blog to your feed.

You might want to make sure you get those 1099-MISC forms filed. The penalties can get serious.

MinistryCPA blog summarizes Form 1099-MISC Failure to File Penalties. There are per-return penalties that increase over time. Ouch.

Check out the post for more details. Then check that you are ready to file all your 1099-MISCs.

Need more details? Corey Pfaffe, CPA has more info at another of his post’s: Form 1099-MISC Rental Payment Reminders.

Leak: FBI finds nothing criminal in IRS scandal. Why that report saddens me.

The Wall Street Journal cites unidentified “law-enforcement officials” who say Criminal Charges Not Expected in IRS Probe.

Why am I discussing an issue that tip-toes into the political realm?

Because I’m always talking to my NPO clients about tax law. I’m often encouraging them to correct behavior that, ah, may not be completely correct under the tax law. I often answer questions on how to handle particular types of transactions.

The last half of this post will explain why the WSJ report worries me.

No charges expected

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Do you use an overseas bank account in your ministry? Then you may have a filing requirement for that account.

If your ministry uses an overseas bank account to further your mission, you may have a requirement to file a report called an FBAR if the balance is over a certain amount at any point in the year.

Even worse, if individuals in your organization, like you Ms. CFO or Mr. Treasurer or Mrs. Program Manager, have signature authority over that account, the individuals have a requirement to disclose that authority on their personal 1040. The individuals may also need to file an FBAR individually.

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Housing excluded from income on basis it is provided for convenience of employer

There is a narrow option for excluding the value of ministry provided housing from an employee’s taxable income. I’m not going to go into details because there are enough twists and turns that anything said could be misinterpreted as giving specific advice.

Fortunately, I don’t have to explain this. Corey Pfaffe, CPA, has already done so.

If this is of interest to you, check out his post:

The end of his article gives a path for research if you need to pursue this further.

Q: What are a few problems with the ban on political activity by charities?

A:

  • Selective enforcement of the law with a few charities losing exempt status while hundreds of others intentionally flout the law with no enforcement.
  • Vague meaning of what is allowed or not
  • That vague meaning chills free speech for everyone.
  • Probably unconstitutional (I watch constitutional debates on the field from the nosebleed section of the stadium, but looks to me like the political ban is way out-of-bounds).
  • Adopted into law in 1954 as payback against an NPO that dared criticize a Senator from Texas.
  • Contrary to very long tradition of political expression in some faith communities.
  • Undermining respect for the law when strong enforcement effort is applied to a few select charities.

Those are a few reasons the Commission on Accountability and Policy for Religious Organizations believes the ban on political advocacy by charities should be substantially relaxed.

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5 tips for taking a tax deduction when helping your favorite charity involves travel

Several readers of this blog have asked questions about taking deductions for travel while helping a charity. Volunteers at your NPO are probably asking the same questions.  Some tips from IRS Summertime Tax Tip 2013-05 might help.

You might want to make this available to volunteers of your organization. The quoted text is from the IRS, so it is in the public domain: (more…)

Verify state exempt status – You can look up the status of an organization with the California Franchise Tax Board

This is cool. The Franchise Tax Board has an online feature call the Entity Status Letter which allows you to quickly find whether an NPO is exempt with the state of California.

You can go to the Self Serve Entity Status Letter – Entity Search page. If the link breaks, just search “entity status letter” at the FTB website.

This will also work for a for-profit business.

When you find the organization, you can print a PDF file that says the organization is in good standing with the FTB and that they are exempt under 23701d.

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Explain to me again why targeting NPOs was needed because the Determination Unit was swamped by the overwhelming flood of (c)(4) applications

The huge increase in 501(c)(4) applications is the cited reason for targeting some applications for additional review.

Two problems with that explanation.

First, the increase of (c)(4) applications in 2011 and 2012 is a very small portion of Determination Unit caseload.

Second, the ideological targeting started well before the volume of applications increased.

Increase in (c)(4) applications was cause for targeted review

Appendix I (page 22) of the TIGTA report identifies objective I of the investigation as: (more…)

IRS targeting fiasco gets worse daily. The scary damage. Ponder the causes cited by the TIGTA report.

Using ideological criteria to select organizations for a drawn out review of their exemption application is a serious disaster for everyone.

I want to develop three ideas in more detail but don’t have the time to do so now. Still would like to lay down a marker for the ideas.

First, this disaster is getting worse with every day that passes. Not sure whether the progression is arithmetic, geometric, or exponential. If you need a sinking feeling in your gut, trace the pieces of information as they have emerged. Somebody needs to start giving answers that are accurate past the next sunrise.

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