Nonprofit Status Committee

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Nonprofit_Status_Committee_-_Root_Checklist

IRS Form 1023: http://www.irs.gov/pub/irs-pdf/f1023.pdf

Definition of Terms

  • Educational - The instruction of the public on subjects useful to individual and beneficial to the community.
  • Support Tests - The IRS uses the public support test to check if a nonprofit receives substantial support from the general public, as outlined by Section 509(a) of the Internal Revenue Code. This test determines if a nonprofit is a private foundation or a public charity.
  • Qualifying Support - Support that is considered by the IRS to be "public" in terms of the above support tests.
  • Total Support - All of the applicable revenues of the organization.
  • Unrelated Business Income - Any income that does not match the exempt purpose of the organization. The Unrelated Business Income must be tracked separately, and the organization is required to pay all applicable taxes on it.

Organizing Documents

As the Form 1023 requires specific items to be included from our organizing documents, we will need to amend our charter and bylaws to make sure that we appropriately limit our organization to exempt purposes. Here is a list of some of the things we will need to change:

  • We will need to amend our charter with the state of TN using this form. The filing fee for this form is $20, and we will probably need a vote of the membership to authorize the amendment to the charter.
  • We will need to update our bylaws to limit the organization to exempt purposes, and to comply with requirements specified for exempt organizations.
    • We need to update Article X on dissolution at the very least.
  • While not specifically mentioned anywhere, we need to update our mission statement.

NOTE: None of the items above on the wiki should be changed directly. The content should be copied to a proposed page, and changes highlighted there.

Form 1023 Questions

III.1

Section 501(c)(3) requires that your organizing document state your exempt purpose(s), such as charitable, religious, educational, and/or scientific purposes. Check the box to confirm that your organizing document meets this requirement. Describe specifically where your organizing document meets this requirement, such as a reference to a particular article or section in your organizing document. Refer to the instructions for exempt purpose language. Location of Purpose Clause (Page, Article, and Paragraph):

III.2a

Section 501(c)(3) requires that upon dissolution of your organization, your remaining assets must be used exclusively for exempt purposes, such as charitable, religious, educational, and/or scientific purposes. Check the box on line 2a to confirm that your organizing document meets this requirement by express provision for the distribution of assets upon dissolution. If you rely on state law for your dissolution provision, do not check the box on line 2a and go to line 2c.

If you checked the box on line 2a, specify the location of your dissolution clause (Page, Article, and Paragraph). Do not complete line 2c if you checked box 2a.

IV

Using an attachment, describe your past, present, and planned activities in a narrative. If you believe that you have already provided some of this information in response to other parts of this application, you may summarize that information here and refer to the specific parts of the application for supporting details. You may also attach representative copies of newsletters, brochures, or similar documents for supporting details to this narrative. Remember that if this application is approved, it will be open for public inspection. Therefore, your narrative description of activities should be thorough and accurate. Refer to the instructions for information that must be included in your description.

V

List the names, titles, and mailing addresses of all of your officers, directors, and trustees. For each person listed, state their total annual compensation, or proposed compensation, for all services to the organization, whether as an officer, employee, or other position. Use actual figures, if available. Enter “none” if no compensation is or will be paid. If additional space is needed, attach a separate sheet. Refer to the instructions for information on what to include as compensation.

Attorneys

Kristen Anderson - Sister of Shane, Tennessee Bar, Nonprofit experience (possibly cheap or free)

Accountants

SCORE

http://scoreknox.org/ Retired business executives that provide advice and mentoring.

Counselor bios

http://scoreknox.org/counselor-bios/

  • Dan Clifton - Thirty nine years as an Executive and CEO for Boy Scouts of America. Worked with Longhorn Council in Fort Worth, Texas; Blue Ridge Mountain Council in Roanoke,Virginia; Cape Fear Council in Wilmington, North Carolina; and Great Smoky Mountain Council in Knoxville, Tennessee. Areas of expertise include non-profit organizations, business plans and strategies, budgeting, fund raising including trust and foundation management and building maintenance.
  • Catherine Moirai – Business Services Reference Librarian with Knox County Public Library, assisting clients in using library databases and other materials to find statistics and other information for businesses and non-profit organizations. Also supervisor of the Foundation Center Cooperating Collection at the Knox County Public Library, helping nonprofits find appropriate funding sources and improve nonprofit management skills.
  • Bill Tolley – Over 35 years experience managing operation of a not for profit (501c3) organization, The American Concrete Institute (ACI) founded in 1904 with over 20,000 members in 118 countries. ACI is the world’s leading authority on concrete. Responsible for a staff of 104, annual budget of $15 million plus volunteer effort with an estimated value of $20 million annually. Served in various capacities including Executive Vice President and Chief Financial Officer and Director of Administration. Also served as President of ACI’s subsidiaries the ACI Foundation and Creative Association Management (CAM). CAM is a for profit multi management Company which currently manages 5 not for profit associations. Areas of expertise include non-profit organizations, pension and welfare funds, accounting and human resources.