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Common Legal Pitfalls for Nonprofits (and How to Avoid Them)

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Event season is rapidly approaching, and committee members are busy preparing and planning raffles, selling tickets, and collecting items for silent and live auctions. Unfortunately, many nonprofits overlook common legal pitfalls. Spokes wants to help you avoid this costly mistake. Read this article to learn about registering for raffles, incorporating disclosure statements, and being prepared to pay sales tax.

RAFFLES
Did you register your last nonprofit raffle with the State Attorney Generals’ office? If not, then you broke the law…and you’re not alone. Many nonprofits don’t realize that unregistered raffles can result in hefty fines. In 2017, CalNonprofits conducted a survey and found that 38% of the nonprofit respondents said they were “unfamiliar” with raffle requirements. Only 51% who held raffles filed the required annual reporting form.

The good news is that it’s easy to conduct a raffle legally. Before your next fundraiser, follow this raffle checklist to:
• Submit application CT-NRP-1, your IRS 501c3 determination letter, and a $20 check at least 60 days prior to the event.
• File the Nonprofit Raffle Report no later than October 1 the following registration year.
• Report earnings to the IRS.
• Invest 90% of all funds raised into mission-related projects.

Following raffle compliance guidelines can feel like a lot of extra work, and there is a movement to simplify the requirements. If you want to help, sign CalNonprofits’ petition to support Assembly Bill 2347 to decriminalize small raffles. This bill seeks to:
• Eliminate post-raffle reports for nonprofits that hold small raffles.
• Allow nonprofits to hold 50/50 cash raffles if a single raffle raises small amounts of money and all raffle activity is below a similarly small dollar threshold. (Currently, all 50/50 cash raffles are illegal except for charities affiliated with major league sports teams.)

DISCLOSURE STATEMENT
Every time a donor purchases a ticket for an event, the nonprofit is required to let them know how much of their payment is tax-deductible. For instance, imagine a nonprofit is charging $100 for a gala ticket.
$100.00 = Ticket
$45.00 = Food and entertainment costs
$55.00 = Tax-deductible amount

It is mandatory to disclose the tax-deductible amount. On fundraising solicitations and tickets, add the statement: “The tax-deductible portion of each ticket is $55.00 and considered a donation in support of [organization], EIN # ___-______”

SALES TAX
There is a common belief that “tax-exempt” means that nonprofits don’t pay sales tax. In reality, every time a nonprofit sells or purchases an item – something tangible that you can touch – it must charge or pay sales tax.

Think of it this way: when a donor “buys” a tangible item, the nonprofit is “selling” it to the donor. Therefore, the item transfer qualifies as a sale and is taxable. After the sale, the nonprofit must pay sales tax to the State Board of Equalization (BOE). The nonprofit may charge the donor sales tax or it may deduct the appropriate sales tax amount from the donors’ payment and pass it on to the BOE. Please note that there is extra tax consideration for selling food; for more clarification, read this article: When does a nonprofit organization operating in California need to pay sales tax? or contact the BOE.

We know all these rules and regulations are intimidating. We’re here to help! Spokes has resources and tips for staying in compliance with the law. We will gladly take your calls and emails if you have questions about registering for raffles, incorporating disclosure statements, being prepared to pay sales tax, or other regulations: call (805) 547-2244 or email [email protected] for support.

Volunteer Appreciation Week: Clever Ways to Say ‘Thank You’

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Volunteer Appreciation Week is April 15-21! Now is the perfect time to plan to say thank you to your volunteers. If your organization is like ours, you rely heavily on volunteers as an extension of your staff or human resources. A genuine gesture of appreciation can result in a happier, more motivated volunteer. Here are some options to try out:

1. Surprise your volunteers with a kind gesture – coffee or muffins to start their day or a plant to show you’re thinking about them.
2. Show your appreciation through social media or a newsletter.
3. Send a personalized thank you note to the volunteer themselves or to their employer.
4. Use the power of the testimonial. Ask staff and other volunteers to write notes about a time that their colleague handled a challenge or made a difference. Compile the notes on a poster or book and present it to your volunteers.

Remember, a gratified and well-treated volunteer is a motivated and happy volunteer! If your organization is seeking additional support for its volunteer program, Spokes has several volunteer management classes coming up: Preparing Your Agency for Volunteers: Navigating Volunteer Screening and Recruitment on April 11 and Keeping Quality Volunteers: Volunteer Retention and Motivation on April 18. Join us!

The Best Way to Serve Your Community

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Are you looking to make a difference in your community? Are you passionate about making an impact in child welfare, social justice, environmental protection, and more? Are you new to board service or considering board service for the first time?

We’re Spokes, the nonprofit that supports nonprofits, and we’re here to help make your vision a reality. We think board service is one of the most meaningful ways to give back to your community. But you don’t have to just take our word for it. In this blog post, we’ll share some of the research on why board service is valuable for every entity involved, and we’ll finish by helping you with the next (or first) steps in the journey.

In San Luis Obispo County, more than 90% of local businesses are smaller owner-operated organizations – which bodes well for a local cultural of entrepreneurism, but presents real challenges for succession planning and talent development. It’s nearly impossible for small business owners to provide promising employees with professional development or cross training opportunities. But, there is another solution to develop leadership skills: nonprofit board service.

A recent study, Better World Leadership 2017, confirms that you can develop skills such as conflict resolution, management oversight, public relations, and crisis management while serving as board members for nonprofit organizations.

With more than 1,200 registered nonprofits, you’re bound to find your best match in San Luis Obispo County. However, successful nonprofit board service starts with training to understand the nuances of nonprofit management and governance. And, like all jobs, you should take time to carefully vet which nonprofit organization and mission is the best match for your personal values, interests, and expertise. Our course “Board Training Basics: Excellence in Nonprofit Leadership” on April 14 & 21 from 9 AM – 12 PM is designed to help you do just that. We encourage you to sign up for the course; we’re ready to help you start your board service career right! Reach out at [email protected], www.spokesfornonprofits.org, or 805-547-2244.

Is Your Nonprofit Risk-Aware?

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Life moves fast. In our haste to manage and innovate, we can overlook potential risks. Sometimes while we’re racing to keep up, accidents happen. Spokes is here to remind you to slow down and take a thorough inventory of who and what you need to protect.

Nonprofit board of directors are legally responsible for managing risks that could affect stakeholders and nonprofit property. These risks fall into a few distinct categories:

  • Governance risks – Is the board diligently overseeing the organization? Are they making reasonable decisions?
  • Financial risks – Is the board utilizing financial best practices to prevent fraud and ensure accurate bookkeeping?
  • Legal risks – Is the board adhering to laws and regulations regarding human resources, donations, and grants?

It’s in everyone’s best interest to make a plan for a deep and lasting commitment to safety, reputation and mission-protection. So where do you start?

Know your risks.
We sign up for risks anytime we host an event or launch a new program. Challenges and obstacles are inevitable; some come as surprises, while others can be assumed. Per the SAFE: Sound Advice for Functions and Events booklet, “Good prior planning, which includes safety and emergency procedures, appropriate documentation, and adequate staffing and security can both mitigate risk and reduce insurance costs. Not planning ahead can have a huge impact on both your reputation and your financial stability.” Click here to download.

Also, make a plan to watch Spokes video series Best Practices in Nonprofit Governance at your next board meeting. This short and information-packed series offers practical tips and strategies for protecting yourself and your organization. You can access the videos through your Member Benefits page after logging in to Spokes member portal.

If you’re a fan of checklists, the Free Management Library offers a Checklist of Nonprofit Organizational Indicators so your entire board or committee can track organizational goals and accomplishments.

Are you adequately insured?
Directors and Officers Liability, Volunteer/Participant Accident Insurance, General Liability…there are a wide variety of insurances available to nonprofits. A wise nonprofit will weigh innovative programming and supportive community services with a clear understanding of potential risks. The Nonprofits’ Insurance Alliance of California and Alliance of Nonprofits for Insurance has handy brochures that you can pick up at Spokes for details.

Do you have updated policies in place?
Policies protect and steer the board and staff as they fulfill the organizational mission. They are a reference tool for appropriate action, ethical decision making, and for dealing with potential or actual conflicts. Spokes has templates available for board-related policies, personnel policies, and financial policies. Examples include whistleblower policy, conflict of interest policy, and a gift acceptance policy. Contact us for details.

Finding Success with a Succession Plan!

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There is change afoot in the nonprofit sector; in San Luis Obispo County and across the country, boards are seeking new presidents, and nonprofit executives are transitioning to new jobs. Even in our Spokes microcosm, the search for new leadership is on. CEO Lesley Santos Dierks is moving to a volunteer role as a board of director and consultant. Using Spokes’ carefully crafted succession plan, Spokes board and staff are reorganizing, facilitating great potential in this next phase of Spokes evolution.

Why does your organization need a succession plan? Succession planning is a discipline that enables organizations to reduce reliance on any one person or small group for critical functions, thereby building sustainability. Infusing an organization with new individuals is a healthy opportunity to expand viewpoints, diversify, and clarify the organizational vision. Considering that only 27% of organizations surveyed by the 2017 National Index of Nonprofit Board Practices reported that they had a written succession plan in place, it’s clearly something that needs to be added to the agenda.

Organizations experience leadership transition for a variety of reasons. At a minimum, best practices require regular turnover at the board level with term limits. Sometimes there is an unanticipated opening on the board or staff or a natural transition of a long-time leader. And, maybe your volunteer-run organization is hiring its first executive staff person. In each case, a succession plan is key to keeping stakeholders confident and preventing service recipients from experiencing delays. Here are tips to ensure your organization’s future transitions are as smooth as possible.

  • Create clear job descriptions and roles for all volunteer, board of director, and staff roles; monitor and evaluate successes (and failures).
  • Put policies and procedures on paper so any new volunteer and/or staff can get up and running quickly and efficiently. Start with a simple checklist, and imagine walking someone else through each step. Developing an operations manual for your processes will ensure consistency and uniformity. For details on creating these policies for your organization, click here.
  • Continually train and cross-train all volunteers and/or current staff to minimize disruption from unexpected changes. Job shadow or utilize Lynda.com to help staff and volunteers learn the new skills and technologies they need to succeed one another. Spokes consulting services can also be a huge assist!
  • Spread the wealth: make sure donors have relationships with more than one person in the organization. At your next event, make it a priority to introduce your donors to more members of your leadership team.
  • Spokes offers classes and resources to help your board and staff learn the best practices of nonprofit management. Allow us to train them on the basics while you focus on teaching them the more nuanced functions of your operations.
  • Take advantage of member benefits like Executive Director Roundtables and Board President Roundtables. At your next board or staff meeting, play Spokes Best Practices in Nonprofit Management video series.
  • And, when an unexpected transition occurs despite great succession planning efforts, remember that Spokes offers Executive Search services through its consulting program. Learn more here.

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