President Obama recently signed into law H.R. 4462 which allows taxpayers to claim a charitable deduction in the 2009 tax year for donations made after January 11, 2010 and before March 1, 2010 for the relief of victims in areas affected by the recent earthquake in Haiti. This new law applies only to contributions of cash (not property) and the contribution must otherwise meet the requirements for a charitable contribution. Cash contributions would include contributions made by text message, check, credit card, or debit card. 

Federal law requires the taxpayer keep a record of any deductible contributions made. For donations by text message, a copy of the telephone or wireless account bill must show the name of the donee organization, the date of the contribution, and the dollar amount. For other cash contributions, be sure to keep a bank record, such as a cancelled check, or a receipt from the charity showing the name of the charity and the date and amount of the contribution.

For additional information regarding Haiti donations, see this IRS release.

What are the specific requireqments for a charitable contribution? See this IRS publication for additional information.

Purpose of Schedule A, Parts II & III
The purpose of Part II is to determine whether your organization meets the public support test.

Special Issues
Financial information in Parts II and III are now reported on the same basis as the remainder of the return, (in the past, Schedule A was presented on a cash basis even if the rest of the return was on an accrual basis.) This means that all four prior years that are shown (2004 through 2007) must be revised to the accrual basis if your organization reports on an accrual basis. Additionally, you must convert the list of supporters that is reported on line 5 to accrual basis for all prior years (2004 through 2007).

Information You Will Need to Prepare Schedule A, Part II or III
You will need to gather the following information:

• Contribution lists for 2004 – 2008. After 2008, you will only need your current year list since prior years will already have been converted to the accrual basis.
• Tax returns for 2004 – 2008. After 2008, you will only need your current year return since prior years will already have been converted to the accrual basis.
• View the IRS Form 990 Filing Tips: Schedule A (Public Support and Public Charity Classification) for additional help.

How to Prepare Schedule A, Part II
Complete Part II if you selected line 7 in Schedule A, Part I. There are two ways to meet the public support requirements: at least 33 and 1/3% of your support is from contributions and grants or 10% of your support is from contributions and grants and you meet the facts and circumstances test listed in Regulations section 1.170A-9T(f)(3). If you met the support test in the prior year but don’t meet it this year, you will have a grace period for one year, (see lines 16b and 17b in Schedule A). This article will only address the lines that often cause confusion.

Read the rest of this entry »

Today, the IRS released the following information – reminding organizations to properly file Form 990. According to the Pension Protection Act of 2006 non-profit organizations failing to file the required form for three consecutive years will automatically lose their federal tax-exempt status.

Mark your calendars and file the return, with extensions, if necessary.

Have questions? Give me a call.

Today, the Greater Fort Worth Chapter of NACBA is conducting a workshop for its members and Phill Martin, Deputy CEO of NACBA, will facilitate the dialogue. “Trust and Betrayal in Staff Teams” is the title of the workshop. Building trust and loyalty within an organization provide essential foundations of success in providing missional programs to the public. Everyone on the same page, working completely together, for the mission of the organization.

According to Steven Covey’s book The Speed of Trust: The One Thing That Changes Everything, trust means confidence. The following 13 behaviors either build or erode trust: Read the rest of this entry »

Recently one of our clients asked the following question: “What should we (organization) do regarding employer-provided cell phones? Should we be taxing the employees through payroll (imputed income)? We have approximately 10 employees that we provide cell phones for. We believe they all use the phones for both business and personal use, but only I can say for myself how much is personal vs. how much is business. I understand that last year the IRS was going to make a major change in their requirements for personal cell phone use taxation on business provided cell phones, but I don’t know if they ever did. What should we be doing?”

This is a very common question for all organizations, not just tax-exempt entities.

Here was my response for this very timely question: Read the rest of this entry »

When I tell folks that I am an auditor, I immediately get that defensive look as they assume that I am a dreaded IRS auditor (which I am not). When I further explain that I audit financial statements, I usually receive a weak smile and a slight head nod, as if to signal that they are glad I am not with the IRS, but they really don’t have an idea what I do and are a little too embarrassed to ask or don’t really care. For those of you employed at non-profit organizations or serve on their Board of Directors, I thought I would take a few moments and explain what an audit of financial statements really entails. In a later post I will address who may need to have an audit.

So what is an audit of financial statements? Usually on a monthly basis, the controller, CFO, or accountant at your organization prepares financial statements, usually consisting of a balance sheet and income statement. These statements are used by staff, management and the Board of Directors to make decisions about the organization. But all of the information is gathered by and reported by people INTERNAL to the organization. A financial statement audit involves someone EXTERNAL to the organization, an independent certified public accountant.

Audits of financial statements are done according to a set of standards that all CPA’s must adhere to, which are referred to as Generally Accepted Auditing Standards (GAAS). These standards have been developed by the American Institute of Certified Public Accountants and are monitored and revised based on financial circumstances, including failures related to fraud.

So how do we perform an audit? See my post, next month.

To ensure a Plan Sponsor is fulfilling their fiduciary obligations related to the oversight of an employee benefit plan I have listed some of the internal control matters that should be addressed (please note this is not an all inclusive list as facts and circumstances of each Plan vary):

1. Ensure all user control considerations included in the third party administrator’s (record-keeper, trustee, custodian, etc) Type II SAS 70 are in place at the Plan Sponsor
2. Analyze compliance testing results provided by the third party administrator and if the Plan failed any tests ensure that corrective action is taken in a timely manner (distributions or additional contributions to the Plan as necessary)
3. Determine if established internal controls are designed appropriately to catch errors or fraud that may occur during the processing of transactions related to the Plan. Consider conducting a brainstorming session with individuals involved in the Plan in determining what could go wrong and then determine if controls currently in place are adequate to address such risks.
4. If the census is prepared by the Plan Sponsor ensure that the total wages included in the census reconciles with the organizations payroll records (remember census must include all employees that received a paycheck during the year whether employed by the organization or not during the year); the census should also be reconciled with the record-keeper statements (employee contributions, employer contributions and loan repayments). Key point – A reconciled census that agrees with the Plan Sponsors audited financial statements and the record-keeper statements will save time and money during a benefit plan audit
5. Controls should be in place to ensure all information included on the participant statements (social security #, name, compensation, date of birth, date of hire and date of termination) is complete and accurate.  Inaccurate information could lead to:

• Allowing individuals to enter the plan when they were not eligible to do so or not allowing an employee into the plan that is in fact eligible.
• Inaccurate amounts being withheld for employee contributions and/or employer matching contributions.
• Inaccurate amounts being withheld or forfeited when an employee receives a distribution (early distribution tax penalties or issues related to utilizing the appropriate vesting percentage for employer contributions)

     6. Determine if the annual Form 5500 reconciles to the Plan’s financial statement’s

 Interested in refining your internal controls for benefit plan recordkeeping. More will come in a later blog post…

RCO recently hosted a breakfast event for tax-exempt executive directors. Good to Great and the Social Sectors provided discussion points for defining the level 5 executive. Someone suggested that a leader is someone people would follow if there were no titles. They set the tone, opinions and functionality for the organization.

Think about it.
Who would you follow into the missional battle? The one who “wore the stars” or the one who knew how to shoot?