Starting and Managing a Nonprofit Organization: A Legal Guide
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The essential resource for nonprofit successFor everyone from nonprofit novices to sophisticated directors of established organizations, this expert guide to nonprofit law provides all the critical information and know-how executives and other leaders need to succeed, thrive, and protect any nonprofit’s tax-exempt status. Written by Bruce Hopkins, the country’s leading legal authority in the field, this Fourth Edition of Starting and Managing a Nonprofit Organization: A Legal Guide covers the breadth of legal aspects of starting and operating a nonprofit organization. This latest edition’s revisions include updated material on changes in laws, rules, and regulations governing the nonprofit sector.Starting and Managing a Nonprofit Organization: A Legal Guide, Fourth Edition provides:Practical guidance on the rules and regulations governing nonprofit organizations, including corporate, tax, and fundraising law applications and implicationsUp-to-date information on reporting revenue, private benefit, intermediate sanctions, supporting organizations, and the commerciality doctrineNew material on advocacy communications by exempt organizations, the political organization’s notice and reporting requirements, and the use by exempt organizations of limited liability companiesInsight into the newly emerging law concerning involvement of exempt organizations in joint venturesChecklists, step-by-step guidance to procedures, and a glossary of legal terms for fail-safe complianceWritten by a lawyer for non-lawyers, this easy-to-read book is an invaluable resource for nonprofit executives and managers, fundraising professionals, trustees, consultants, committed volunteers, and anyone involved in the complex, rewarding world of nonprofit organizations. Booknews This guide to nonprofit law covers most of the legal aspects of starting and operating a nonprofit organization. It provides guidance on the rules and regulations governing nonprofit organizations, including tax, corporate, and fund-raising applications and implications. Information on reporting revenue, private benefits, personal liability, charitable giving rules, employee compensation, lobbying, and for-profit subsidiaries is also included. Hopkins is a lawyer with a private firm. Annotation c. Book News, Inc., Portland, OR (booknews.com)
Preface viiAcknowledgments xiiiPart 1 Starting a Nonprofit Organization 1Chapter 1 What Is a Nonprofit Organization? 3Chapter 2 Starting a Nonprofit Organization 13Chapter 3 Debunking Some Myths and Misperceptions 25Part 2 Being Nonprofit, Legally 33Chapter 4 Nonprofit Organizations: Much More than Charity 35Chapter 5 Nonprofits and Private Benefit 51Chapter 6 From Nonprofit to Tax-Exempt 67Chapter 7 Charities: Public or Private? 83Chapter 8 Governance: Board Duties and Liabilities 97Chapter 9 Braving Annual Reporting 115Chapter 10 Tax Exemption: Not a Paperwork Exemption 125Chapter 11 Charitable Giving Rules 135Chapter 12 Government Regulation of Fundraising 153Part 3 Tax-Exempt Organizations Can Be Taxable, and So Can Their Managers 173Chapter 13 Related or Unrelated? 175Chapter 14 Lobbying Constraints-And Taxes 191Chapter 15 Political Campaign Activities-And More Taxes 203Chapter 16 Donor-Advised Funds, Tax-Shelters, Insurance Schemes-And Still More Taxes 211Part 4 Helpful Hints and Successful Techniques 217Chapter 17 Subsidiaries: For-Profit and Nonprofit 219Chapter 18 Joint Venturing and Other Partnering 229Chapter 19 Wonderful World of Planned Giving 237Chapter 20 Putting Ideas into Action 245Part 5 Sidestepping Traps 255Chapter 21 Watchdogs on the Prowl 257Chapter 22 Potpourri of Policies and Procedures 271Chapter 23 Commerciality, Competition, Commensurateness 287Chapter 24 IRS Audits of Nonprofit Organizations 297Chapter 25 Avoiding Personal Liability 315Epilogue 321Glossary 327Index 339
