Welcome back to the Anderson podcast. My name is Toby
Mathis and I am joined by Karim Hanafy. Welcome back, sir. Hello, thank you. It's great to be back. All right. Today, we're going to go over the top
ten mistakes that people make
when forming and operating a nonprofit. Since Karim is an expert in this area
at that, there's nobody better to have come in and discuss it. So in just a few lines, what is your background in the nonprofit
world? People should know and they might remember
that you're
an attorney. But. But what gives you specific credibility
here? Well, I've been working in this area for
over 20 years, and I did start at the IRS. I was in the tax exempt
and the government entities division where we basically just reviewed
application points for exemption, the 1023 applications for organizations
that want to become a five and three. So I reviewed hundreds
and hundreds of different types of applications, public charities
and private foundations. So I've seen everything
I belie
ve I have, you know, and not only within the IRS,
but in private practice as well. I've been in private practice
for 15 years now and again, you know, working with clients
to set up these nonprofit organizations, to set up these five
or 20 degrees and apply for exemption. So I feel like I've seen almost everything
you can imagine because I've looked in probably
reviewed and prepared over 1000 applications up to this point easily. Wow. So you have a little bit of experience
in that area. You came
from the IRS and you've seen
a ton of mistakes probably made. So let's dove into it. So we wanted to go over ten. We're going to go over
ten top ten mistakes. Not in any particular order. Right. We're just going to go through the. Yes. All right.
So let's go through him what he thinks. Number one. Well, the first one is
and this is something that we've seen, I think, quite often when I was at the IRS
is the improper structure from the very start. So many organizations think
and I've seen this,
it's unbelievable. But for profit corporation
has been a common thing that we had seen. Instead of what you should do
is set it up as a nonprofit corporation, you have other options, but without a doubt
the simplest is the nonprofit corporation. But instead we've seen organizations
set up as a for profit. We've seen this as a B Corp,
which is, you know, basically a for profit that's certified as a nonprofit. We've seen it also is LLC, even though
it's very popular in the for profit area, it's no
t as popular
within the nonprofit area and even trusts and you know of course
the for profit in the because those are not permissible not allowed
and then within within as an LLC, those cause
some delays for the application process. So without a doubt the easiest is
just set it up as a nonprofit corporation, you get all the benefits
and you get the protections, you know, and as long as you fill out the,
you know, you you prepare the articles of incorporation
correctly and submit it, then it will
be approved and it's not going to be delayed
like it would with other entities. And that's in a particular state. Right. Like when we're talking about filing a non
nonprofit corporation,
we're talking very state specific. Yes. It's not a federal filing. And then there's magic language
you have to include in those. Right? Yeah. And that's the second mistake
is the articles of incorporation. You know, you're completing it
according to the state requirements. So and I can give you an example. If y
ou go to a state like Florida, so you're going to complete it
according to the requirements for the state, but it may not be according
to the IRS requirements. So if you apply it, Florida Articles
of incorporation, they have a template. They're going to set it up as a nonprofit
corporation, you fill out the form, you fill out everything that it's required
that's asking you to do it from the name of the organization,
the address, the officers, the charitable purpose,
and then a registered agent.
And you include all of that
and you submit it. Well, the Florida secretary of state
will approve it. But the problem is
that even though it's going to follow the state requirements,
that doesn't follow the IRS requirements. Specifically, the IRS wants
some additional language in there. They want you to include, at a minimum,
the dissolution clause, which states that if the nonprofit ever
dissolves, the assets of this nonprofit must go to another five
or 1c3 organization, because if you don't inc
lude it,
then it means that the nonprofit could take these taxpayer dollars
and give it to the officers and directors. And the IRS does not want that. And I can tell you,
when I worked at the IRS, how many times we had seen the articles of incorporation that were deficient because it didn't
include the dissolution clause. And they would always tell us, you know,
it was approved at the state level and which is a valid point,
but that's only necessary to help you set you up as a nonprofit. That's
a state term. If you want to be a501c3, you have to
include the dissolution clause. So in a state like Florida,
it can take five weeks to get the articles of incorporation approved, but to revise
the articles of incorporation to add that dissolution clause,
it can take up to 12 weeks. So imagine five weeks plus 12 weeks
plus another six months that it takes for the processing times
with the IRS. You're looking at up to a year
that your organization's 501c3 application can get approved. It can ta
ke up to a year simply because
you didn't include the dissolution clause within the articles of incorporation. So it is extremely important
that you get it right the first time to avoid any delays. So there's magic language in the articles of incorporation. You got to make sure
that you're setting it up right. There's probably different there's
variations with all the states, right? Depending on how many directors
you can have, what they can and cannot do, where you should set it
up, all that fu
n stuff. But then you also have to worry
that the feds say it's not all
just 501c threes out there, right? Yeah. Business organizations,
fraternal organizations. You have black line societies. There's all these different types
of nonprofits. What are there, 29 of them,
or how many are there? Yeah, 20. Two, 29 different flavors. And so if you're going to be a five,
a one seat, three, one of those flavors that's that's going to receive
charitable donations. And you got to have that special languag
e
in there. Let's talk about special language. What's number three? Well, the third the third most common mistake is describing your activities
as being charitable. You know, a lot of times
we've seen the application, again, whether it's with the IRS
or in private practice. You know, a lot of times
the organizations, they're describing it
like it's an investor letter. You know, you're describing it
as if it's profitable, how you can get a return on your investment
sort of thing in your approach,
rather than describing it
as to why the activities are charitable. And that's what's the important thing. It's not about a for profit motive, even though you can't operate,
you know, with a for profit or you can be profitable,
which is perfectly fine. But you have to explain
exactly why the activities are charitable. You know, always tell a story,
give the background. For example,
you know, we see a housing shortage under built by 7 million up to this point,
you know, and you see that there are
low income families
who are getting priced out of this area,
being able to afford a house. So perhaps your nonprofit wants to provide affordable
housing for low income families. So you see that there's a problem,
that there's the shortage. You see that there's basically the prices
keep going up. The nonprofit wants to come in, will make
housing available to low income families. Otherwise cannot find housing. Maybe they cannot afford it either. So you're working with them to provide the
housing,
or perhaps it's medical costs. As another example,
you can't afford medical insurance if you can't afford to pay
for your medical bills. The nonprofit sees the need there
and you're going to help to cover these costs or for students
providing scholarships for students
who can't afford an education as well. So you see,
this is this is where the problems are. This is where the needs are. And the nonprofit has the solution. This is what they're going to do
to fix it. You know, they're helping
a ch
aritable class and organizations just don't do a good job of explaining
how they are serving a charitable purpose and serving
and benefiting that charitable class. They don't do enough of that,
and they like to explain their backgrounds, you know,
and what they're doing, their affiliations that they may have
with other organizations. But again, not focusing on
what the charitable activities are. Mm hmm. Okay. Okay. So we have the first
three improper structure screwing up the articles of incorpo
ration,
not putting in the magic language, and then they're not describing
their activities. Right. Let's dove into number four. Yeah,
the fourth is using the wrong terminology. Now, there may be words that you're using
within the application, one that you don't realize
is going to trigger a delay. For example,
you can't use words like partnerships. They hate that the partnership to the
to the to the IRS means you are working with a for profit entity. And the for profit
entity has a for profit m
otive. They want to make money for their
investors and their shareholders, whereas the IRS wants to see that
the nonprofit has sort of control over it. So if there was ever a dispute
between a for profit and a nonprofit that the nonprofit
that has the veto power that is being done for a charitable purpose
over a profitable purpose and motive. Are there other terms that you see, too,
that caused this delay? Yes, the term advocacy. So advocacy can mean ten different things. But to the IRS, advocac
y means either
you're working with candidates
that are running for office, whether you
are supporting or opposing the candidate. That's running for office,
which is completely prohibited, or you're doing advocacy,
which means that you are working with congressional members to pass a bill perhaps or maybe you're
opposing and want to veto a bill or a law that's going to be passed
within Congress as well. And this is considered to be advocacy. And you are limited to how much you can do
in terms of
these types of activities. You can only do an insubstantial amount,
which is which is a low amount. So when they see the word advocacy,
they're assuming that you are doing these types of activities which can be prohibited altogether
or you're limited by what you can do. And then finally, another example, which is an interesting one,
is financial literacy. This is a term that the IRS looks at
and they think of credit counseling and credit counseling as one
that is under heavy scrutiny by the IRS.
And it has been for almost 20 years
at this point, because they realize that credit
counseling organizations and agencies, a lot of times
they collect the fees upfront without doing anything to benefit and help
the individuals who are having issues with their credit
or with their finances. So, you know,
financial literacy is actually a question that's asking the application
in many organizations. If you check yes on that, it's going to get a delay
because they're going to follow up with you abo
ut wanting to know whether or not
you are a credit counseling organization. So what would you do instead. If you're. If you had somebody
write financial literacy, but would you just say education? Yeah, exactly. And, you know, you can
you can mention that that you are, you know, educating them. And rather than even using if you want to
use financial literacy, you can't. But rather than doing that,
another option is you can also describe the activities
of what you're doing. Perhaps you're going t
o describe them
about investing in the market, investing in real estate,
how to repair your credit scores, you know,
how to invest in into your 401. K. So you can always describe the types
of activities that you're doing without actually
using the term financial literacy. So through no fault of your own,
you might say something as you understand it is financial literacy
and you don't realize it's a buzzword for the IRS. Like anytime somebody says that,
they do a deep dove and it's going to delay
it
six months. Yeah. So somebody knows what they're doing. It deals with this stuff,
says, yeah, here's the words we never use. So make sure that you don't use
one of those words. How about this? Make sure you use somebody
who knows what they're doing. Absolutely. Let's go to number five. What's number. Five? Number
five is the improper classification. So as a501 C3, you're either a public
charity or you're a private foundation. Both of them,
you're going to get the tax benefits. But it's also
a good idea
to get an understanding because it's not one size fits all. It's going to depend on what you want
and what your objectives are. If, number one,
your objective is tax deductibility, you want to get the deductions
for your charitable contributions. Well, if you donate appreciated assets
for example, let's say it's worth $25,000. That's how much you paid. And now it's worth $250,000. Well, within a private foundation,
you can only deduct your costs, which is $25,000. But within a public
charity,
you can deduct up to $250,000. The fair market value of that appreciated
asset without having to pay taxes on it. So you get a more favorable deduction. So it depends on what type of assets
you want to contribute into the nonprofit. And for one, number two, if you're going to operate
internationally, well, it's going to be more difficult doing it with a private foundation
versus a public charity. And then if you're applying for grants
as well, it's going to be almost impossible to rece
ive grants
if you are a private foundation, especially if it's a private foundation
that is the funder, because they have to give out
to other 501c3 public charities. They can't give it
to other private foundations. What's an easy way to understand the difference between a public charity
and a private foundation? Well,
I mean, that it really is a classification number one on the application, on the 1023 application, it asks,
how do you want to be classified? Are you a public charity
or a private
foundation? And many people assume
that the private foundation is because of the fact
that it's funded by one individual. It's also funded and it's operated
and controlled possibly by one family. This is the common characteristic. It's that what you see
with a private foundation, however, you can have something like that
within a public charity as well, is that you can have
these characteristics within it. Initially, but you know,
you have to be able to receive public funding and public support
. So you need to be receiving donations from the public,
whether it's from individuals, whether it's from other nonprofit
organizations, private foundations or government grants as well. So you need to be receiving that
sort of funding within a public charity, whereas the private foundations typically
don't receive that type of funding. It's usually set up by the founder
with an initial amount that's being put in and it's able to sustain the operations
of that private foundation for a number of
years. What if you have a charity
that I think you mentioned, you know, housing and things like that
and you're doing low income housing. Yeah, but if. You throw some houses in there,
then it's producing income. Does that help at all or no? Absolutely
it does, especially for a public charity. And the reason
why is because if you receive funding for Section eight housing, for example,
if you received from HUD, these are treated as government grants
and not donations. And government grants work mo
re favorably
than than individual donations. So absolutely,
you can do that as a public charity. Alternatively, it could be a private
operating foundation, which is also
a very favorable classification. So you have one of these two options
if you want to do affordable housing, but we're always going to recommend
first and foremost, it would be the public charity
because it's easier operationally and behaviorally for many of the clients
to be able to operate as a public charity because you don't
have the same number
of restrictions that you have as you do with a private foundation. Now, we do have clients
who are private foundations that exist, but more of them are public charities
because it is easier behavior for that. And you get a higher degree of deduction. If I give cash to it to
to a public charity, I can write about 60% of my adjusted gross income when
as high as 100% during the during COVID, whatever it may be, there's a there's
a cash contribution is cut in half. Essentially,
it's like 30%
when it's a private foundation. Yes, that's correct. So if you're donating money, you know, in
you're a heavy giver, you might want to make sure that that will
whether or not that that triggers. All right.
Let's jump in to number six. I think we're at yeah. Number six is compensating
directors and officers. Now within the application. It does ask if you will be compensating
directors and officers. And, you know, there's nothing wrong. There's nothing prohibiting compensating
direct
ors and officers. But what we've realized
is that the reality is, you know, directors, officers, they don't tend to work that often
within the nonprofit, generally speaking. You know, I actually worked
with the Coca-Cola Foundation, one of their direct
one of the directors was Warren Buffett. And he shows up for an annual meeting. And that's pretty much the extent
of what he does, not too involved in any of the day to day operations
and the activities that you see there. And that's typically how
directors are. But for many of our clients,
you know, they're directors, they may be officers, but they're also
involved in the day to day operations. So it seems that the appropriate fit
for many of them is pay yourself as an employee,
you're an executive director. You could be dealing with social media. You could be dealing with the management
of the operations of the organization. You could be an admin, in fact,
if you wanted to, because you're involved in the day to day
operations. Whereas
a director,
typically a couple of hours in a month, maybe a couple hours quarterly,
you know, maybe even less than that, you're not really involved
that much as a director. And even as an officer,
you're not as involved, but as an employee, you are involved
quite a bit. So, you know, my recommendation
is first of all, again, compensating as a director and officer could cause
a delay in the application process. But if you pay yourself
as an executive director, for example, you know, that's an app
ropriate fit
for the type of work that you're doing. So that's always our recommendation
is pay yourself as an employee and not as a director or an officer. So as an officer and director,
you just say, no, nobody's going to get compensated. But if you do work, it doesn't prohibit
you from paying yourself as an employee. So on your application, just don't put
that you're going to get paid. You're going to pay your officers
and directors, right? Yeah. Yeah. Pay yourself as a senior. Yeah. Pay your
self as an employee,
as an executive director, for example, if you want. Just say no to directors and officers.
Yeah. Yeah. Nancy Reagan, just say no. All right. What's number seven? We're up to seven. Well,
you got ten of these. Yeah, that could be more even. So the number seven is
let's say you have the 501c3. Congratulations. You're exempt now, but perhaps you're not. You haven't done the activities
and you don't realize it. Even though you haven't funded it,
you haven't made any donations to
the nonprofit. You're still required
to file a tax return. And we've seen many organizations
that don't file their tax returns. And if you don't do it for three years,
if you fail to file your tax returns three consecutive years, the IRS will
automatically revoke your attention. So you would have to apply you have to
reinstate your organization as it is. 523 And we have done this
a number of times for many organizations that forget to file their own tax returns
so their status has been revoked.
And in fact,
you can even go to the IRS website and you'll see a number of them says
order revocation is what it says on their because of the fact
that they don't file tax returns. So you have to you have to keep up with your annual filings
through your organization, even if you're not operating at this point, as long as you're 523,
you have to file a tax return. Now, you still
have to do it even if it's really small. Like if you're not making what is it,
$50,000 worth of contributions? It's a
postcard, right? Exactly. It takes no more than 5 minutes to do it. The reason if you do it. Yeah, if you have to do the postcard,
it will take more than 5 minutes for sure. All right. What number? So that's number seven. And let's just go back through it
real quick. So improper structure,
screwing up your articles, messing up the way
you describe your charitable activities, using the wrong terminology,
using one of these these trigger words that cause them to do a deep dove into improper classi
fication and then saying you're going to compensate
the officers and directors and then not filing tax returns. What's number eight? Number eight is
you should consult with an expert before you're going to make donations
of certain types of properties or assets. For example, donating crypto has a reporting
requirement that's different from donating stocks, even though there's
a market that's available. And you can look at any time
24 hours a day, seven days a week, unlike the stock market,
to de
termine what the price of crypto is, you still have to get it
appraised by a qualified appraiser, even though you can find out
what the price of it is. You have to use a qualified appraiser
and you have to fill out specific forms as well. Whenever you are making donations, using,
you know, making donations for something
like crypto. In addition, if you donate property
that has a mortgage on it, this can have a detrimental effect
on you and your taxes. We have seen situations where clients
donate
d the property that had a mortgage and when we ran the numbers, it turned out
they actually owed money with this donation. Instead of
getting a charitable contribution and getting a deduction for it,
they actually owed money for it. So is that is that because the charity is now responsible
for the mortgage or something? The mortgage relief? Well, what happens
is that when it comes to a mortgage on their it's sort of a relief
for what they're looking at. It is they're treating it as a sale and th
ey're treating it as a sale
by the individual. So part of that sale kind of looks
and it compares the mortgage that you have versus
what you paid for. It. And they treat that as a sale, whereas the part that doesn't have
the mortgage is treated as a donation. So it's a it's a really confusing formula
as to how they do it. But the fact that you are donating the property with the mortgage
means that they're treating it as a sale. That's not beneficial as it would be
if you were selling the propert
y as if that was a primary residence, you know, because you do have
the capital gains exclusion under that. You don't get that when you're donating it
with the mortgage to the nonprofit. You're not
you don't get that exclusion for that. So have somebody run the numbers
before you do it. So you're saying don't like don't
just give money to a charity. Actually, look at the tax ramifications of
what if you do, there's everything from carryforwards
like, hey, sometimes people give an asset that's
th
at's a higher percentage of their income than they're allowed to deduct
and they don't know what happened. You carry that forward
for five years, things like that. You just want to talk to somebody
who knows the rules. Yeah, it is a good idea because, you know,
we can tell you what the deductions are. We said 30% of your adjusted gross income
for non-cash and 60% for cash. But it's always good to run the numbers to see
how it's going to work in your favor, because for the 30% of your adjusted gr
oss income that you'd see
for the non-cash contributions, you may see that
you're not going to be able to get that full benefit
in the first year. It may have to be carried forward
over the next five years. So it's always a good idea
to speak with someone before doing that. So make sure that you're documenting
appropriately. If it's over a certain dollar amount,
you have to have an appraisal, right? So what's that dollar amount is. $5,000. 5000 bucks. So you got to be careful. Yeah. All right. W
hat's number nine? Number nine is the nonprofit forgets to send a donor letter to anyone
who makes a contribution to the nonprofit. You know, whether
and you see this in larger organizations, when you make donations, they send you
that email that sends you a letter. But it turns out it's IRS compliant. The IRS required a certain language
to be included within the letter, and the IRS requires the nonprofit. They require the donor to receive a donor
acknowledgment letter any contributions that the
y make to a nonprofit
organization. So, you know, the
and it's not the nonprofits requirement, it is the donor requirement. But because of the fact that we know
that donors don't always remember this rule, you know, it's important
for the nonprofit to send that letter. So even if it's your nonprofit
that you've set up and that you've donated,
that nonprofit needs to send you a letter. And, you know, the IRS is disallowed
and they've one time and time and time again that it doesn't follow
the cor
rect rules and the requirements that the IRS requires for
it can be disallowed. And we've seen it for as low
as hundreds of dollars to millions of dollars where the IRS in
these situations have one. And they acknowledged
that a donation was made. They're not disputing the fact
that the donation was made. That seems evil. Yeah, it is. You know, but it was disputed
because they didn't follow the IRS rules and regulations to the requirements
of what that letter must contain. It must contain such a
donor. Couldn't they argue mutual mistake
between the charity and the donor and say, give me my money back? And I was mistaken that we both
thought this was a deductible expense and it was predicated on the deduction
and therefore it's like, don't you doesn't that get people in hot
water, though? I imagine people are going to go back and. Yeah, I don't I don't think it would work at that point
when you when you want your audited and you're down that path and you're down
that. Road,
that just see
ms really bad that you did. So I didn't get a letter.
Usually it's a letter, though. It says what? Like it, you know, nothing of value is exchanged
for, you know, that type of thing. Yeah. So for cash, if it's just a cash
contribution, you want, you want yeah. You want to,
you want to include the language. It says no goods and services
were given in exchange. At a minimum, you need to include that. And if it is for non-cash, then again
you need to require you need to follow the requirements wher
e you have a qualified appraiser
and the appraiser has to fill out a form. It said it can be form 82, 83
or one of the forms. And and we've seen it was disallowed
because the form was not signed. So the form was filled out,
but it wasn't signed. So that became an issue
and a problem as well. So, you know, it is
it is a strict compliance rule. It's not substantial compliance
under these cases. It's strict compliance. If you don't comply with this 100%,
they can disallow it. And again, there was o
ne as high as $64 million
that recently came out over the past year. So, you know, these are
these are some pretty difficult these are harsh rules here. So you want to make sure that this one
that. Seems really, really like
there must be something else going on. Because if you're giving $64 million
to a charity, you're doing good. The IRS doesn't
imagine they wouldn't want to thwart that. But maybe there's something else
going on with that individual. And they're saying, well, technically,
we ca
n deny you this. Maybe they're using it as a tool, but it just seems like
it flies in the face of logic. I agree it's a possibility, you know, but
but I have seen disputes and I've worked with them as well
with some of these disputes where they were a significant amount. And, you know, many times either
what would happen is they would settle for a different amount
rather than disallowing the full amount, or they would just allow
for the full amount for it because of the fact
that, you know, and
again, with each scenario, they weren't disputing the fact
that it was made and that it was donated and one was highly publicized
that I had dealt with as well. It was highly publicized
about the donations. So the IRS knew about it. They wanted
they were fighting the organization over over the fact that they had claimed
that the didn't comply with the IRS rules and regulations and,
you know, IRS publications. 1771 definitely highly recommend that
you look at that to understand the rules. That's
horrible, but it's understood. So make sure that you do it. Yeah. I always assume
that there's something else going on. Like maybe the value of the
of the donation tanked, maybe it was FDX or something like that
or somebody was doing it and they're like, oh, I get this big write off
and the IRS is just finding a way to say no. What's the last one? I think that that was number nine. So we should be at number ten. Yeah, number ten is asset protection. You know, if you we've discussed
about the aff
ordable housing assuming and let's assume that as a nonprofit
you purchase one, two, three, ten houses, you know, don't, don't
put them all into the same nonprofit. If something happens on the premises
of one house, one property, then it's possible. And you face the risk that the creditor,
if they win in a lawsuit, can take all the other assets
to cover that lawsuit. So our recommendation and it's something
that we certainly do with an Anderson very well is the asset protection put it in a as an
example a single member LLC that's owned and operated
and controlled by that nonprofit. Now the fact that the organization is a501
C3 means that the single member LLC is are automatically going to be the 501
C3 as well. If they are owned
and controlled by the nonprofit. So it's a simple process to do
and it protects all of the other properties and assets
that you have within that nonprofit. And it's often overlooked. So if you so just
because it's a nonprofit, the nonprofit may offer you some a
sset
protection from its activities. But if you have things in there
that create liability, you're saying isolate them just like you would in
any other business or in your own world. And it is a misconception,
and I've heard it many times thinking that you can't sue a nonprofit
or you can't recover from a sued nonprofits,
which yeah, it's it's ridiculous. You can you can go after a nonprofit
just like any other organization, and you can go after those assets
just like any other organization. So,
yes, they are
they are at risk as well. You know, whether it's the asset protection
with a single member LLC or even the directors and officers
insurance, something like that, these sort of things will at least,
you know, kind of reduce the risks, at least minimize, you know, the liability
that you would have in terms of any organization or any creditor
coming after that nonprofit. Well, that was great. So we just did the top ten mistakes
people make when forming and operating a nonprofit. That
's a pretty comprehensive list. I know you said that there was more, but I think that you just gave
a lot of people a lot to think about. But just let me just run through them. So we'll go ten, 10 to 1. You ran over asset protection,
making sure that you're isolating the assets inside that charity
just like you would in any other in your individual realm or in a business. You still want to mitigate the
the liability that comes with certain risk assets. Sometimes the the charity doesn't send out
a donor letter
and it disallows the deduction. So make sure that
you get that donor letter. Sometimes somebody did not consult with their expert or with their professional
before donating assets. And for whatever reasons,
they didn't follow the the rules. With regards to getting an appraisal
or whatnot and could cause you to lose the the donation or there's a tax consequence to the donation,
like when you have a mortgage number seven was, hey,
you forgot to file your tax returns. They didn't fil
e
tax returns on your charity. And as a result, it was dissolved
administratively dissolved by the IRS, meaning
I guess the state would still be going on, but the IRS terminates
its tax exempt status, which can be pretty,
pretty rude awakening there. Don't put in number
six is don't put in that. You're going to compensate your officers
and directors unless you absolutely have to, because that's a big red flag
for the IRS. Number six or number five was you you improperly classified
the type of ch
arity. And it's going to cause you delay
that is unneeded. And the number four is
you use the wrong terminology. And this was when I said it was buzzwords. You're using buzzwords
that are going to cause the IRS to dig into you
and to delay the whole process. Number three was, hey,
you got to make sure that you're describing your activities
as being charitable. This is not a business plan for a
for profit or for angel investors. This is hey, this is why what we're doing
is for the public good. So
the IRS approves you. Number two is articles of incorporation. Use a professional because there's magic language
that you have to put into those articles. The state doesn't require it,
but the IRS does. You will not get your exemption unless
you have this magic language in there. So make sure you had the magic language
in the articles of incorporation. And number one
was the proper structure from the start. People don't realize that just because it's a federal exemption that they skip
past what
you do with the state, or they do something really simple like,
Hey, I set up an LLC with the state and as a result it caused you
all sorts of problems and delays trying to get your exemption that there is a way to do this,
the right way that the IRS is used to, and that is to use a corporation,
a nonprofit corporation, don't use a for profit corporation,
but that's number one. So that was ten. Did I miss any? No. We nailed. It. Yeah. So. So, Kareem,
thank you for coming out and giving us the t
he top ten mistakes people make
when forming or operating a nonprofit. Anything else you want to add? No. I mean, you know, of course,
my plug is going to be use Anderson, use us because we've done this
hundreds and hundreds of times. You know, it's it's probably new to you,
but it's not new to us. So we are aware of what it is
that can delay your application. We are aware of the issues
that come up after you have the final one, C three,
because we've done this so many times. So, you know, pleas
e use an expert
to help you with this. And, you know, always
welcome to reach out to us and we'd be happy to work with you
to make sure that everything gets done from start to finish
and it's done correctly. And then, of course, you get the exemption
and that you are in compliance with the federal
and state requirements as well. All right. I think that's fair.
You don't know what you don't know. So use somebody who does. And in that way,
you're going to do much smoother. Your job is to go out th
ere. And if you're in the nonprofit realm, is to go
have a great effect on the public and take your idea
and make it into reality. Let let the pencil pushers
do the compliance stuff so that you don't have
to get in the way of that, because a little mistake could could lead
to disastrous consequences. So reach out to Kareem. I'll put your information
in the show notes and down below so that they can link
and in click and get with your team. And you have a full team, right? You guys do the complia
nce, the setup, the formation of the entities
and make sure that it runs in harms. Right. Yeah, we have a dream team. They do a fantastic job. And we also have a weekly Q&A session,
which I'm proud of as well. So you can hop on every single week
on Tuesdays for one hour, ask all your questions. We answer about anywhere
from 30 to 50 questions as well. So we're always accessible,
always available. There's always opportunities
to ask us any questions. You know, and again,
I'm proud of the team tha
t we have. It is a fantastic team.
They do a fantastic job. Well, that's that sounds fair enough. So Thank you for going over the top
ten mistakes people make when forming
or operating a nonprofit. If you know anybody that could benefit
from this information forwarded on to them and and is always go out there and do
good things and good luck and extreme. Thanks again for coming on. You brought it, you brought your A-game
and you gave us a lot to think about. Thanks again. Thank you. It's great t
Comments
Thank you Team. This will be great for Churches to know.
Is that a Led Zepplin II album cover in the background? Instant credibility!
I was not impressed with Karim, he is not focused on we the people. Thankfully Toby interrupted, to point out benefits. Of 501 c3 Thanks for the1the interview, it was very helpful.
Thank you Karim and Toby. You both do great work. Look up the autobiography Within Heaven's Gates by Rebecca Springer.A gift for you both.๐
Thanks for all you do!
Iโm ignorant and need advice, please: Do I sell my pricey 2nd home asset in the Caribbean or turn it into air bnb? Or sell it and reinvest it in multiple smaller assets that I can rent out (sec 8)?
Great information!
Wow! Very worth the time. Thank you. How do I contact you?
Can a nonprofit serve as a mortgage lender for low income families who otherwise could not qualify for a loan?