Chapter 2 – Making a Big Decision

 

Before you even start considering the specifics of how you’ll run your organization, you’ll want to consider all the angles before jumping in.  There are pros and cons of incorporating as an educational or research NPO.  You’ll need to carefully examine the nature of your commitment to the public good and the financial aspects of what this really means for your livelihood before you can really decide if it’s all worth it.

 

Pros

There are plenty of good reasons to start an educational or research non-profit organization.  You might want to consider how each of these might benefit your ultimate goals, now that they’re starting to take shape somewhere in your mind.  It never hurts to sit down and write up an old fashioned balance sheet.  How exactly it balances out takes very careful and honest assessment of potential outcomes and what each pro and con specifically means to you.

 

Educational and Research Opportunities

There are plenty of reasons why it might be important for you to get involved with education or research in your chosen field – some more traditionally altruistic than others. 

 

Often, discoveries, even those shared freely, can revolutionize an industry.  Many companies that do advanced research have no compunctions sharing their research with the general public, especially if they’re well positioned to do something with that information.

 

Some people want to generally give back to the community in the form of assisting their friends and neighbors in keeping their minds nimble.  Perhaps your industry needs well-trained individuals and there is no school that teaches what you do.  Maybe you have an idea for basic research that hasn’t been taken up by universities, but you’re sure you’re on to something.  If there’s a need your community needs scratches, you might be in a unique position to scratch it and the NPO can help make this possible.

 

Serving underprivileged members of the community

Special preference is given to NPO charters that specifically exist to assist members of the community that have been classified as “underprivileged” by the IRS.  Such community members will likely consider the benefit of the NPOs work to be of greater value than your average Joe who has plenty of opportunities elsewhere.  You could really change someone’s life for the better.

 

The groups outlined by the IRS as being classically underprivileged are:

 

·        Elderly – those over 65, in or out of public programs or nursing homes.

·        Children – especially those deemed, “at risk.”

·        Low income – defined as making up to 2x Federal Poverty Level in a given year.

 

 

Cons

You didn’t think this was going to be all sweetness and light, did you?  As someone who needs to make a living, there are some downsides to this sort of venture that you need to be aware of.  Even if you like to focus on the positive, as a general rule, you’d be fool to jump into your NPO without fully realizing what sort of headaches might accompany the process.

 

Tax Exempt Status

It is, by default, the litmus test of any NPO.  Until the IRS gives its blessing, your NPO status is wishful thinking, even if you’re incorporated as a non-profit in your state. 

 

But who in their right mind wants to deal with the IRS?  Most people like to lay as low as possible, lest they wake the sleeping giant.  It seems sometimes that asking for tax-exempt status is akin to asking a border patrol agent to do a good job of frisking you on your way back from Columbia.  If you’ve got some tax-related skeletons in your closet, they need to be fully exorcised before you even consider beginning 501(c)(3).

 

As soon as you begin dealing with the intricacies of tax law in the United States, you’re sure to want to run screaming the other direction or take a nap.  This is normal.  While there remains tax code, never let it be said there is no cure for insomnia.  Your accountant is one of those odd folks who enjoy digging through the thorniest language to save you a few bucks.  Bless them.  You might want to take the challenge on if you are very good with tables and interpretation, but you still need to visit a tax attorney at least once to get some advice on your startup.

 

Oh, the forms you’ll file!  The time and effort spend filling out legal filings and forms or organizing statements and budgets is enough to turn anyone off the whole process.  Those who are doing this for a real connection with people might be especially daunted when dealing with their bureaucratic counterparts. 

 

Of course, there are those who specialize in helping people out with exactly such tasks, but unless they’re really into your mission, odds are they won’t be donating their time. 

 

Generally, your paperwork burden falls into two or more of the following categories:

 

·        IRS forms and filings – as often as quarterly

·        State – more likely once per year, but some states make no bones about taking their pound of flesh

·        County – some areas have a county tax that has exemption waved at it every year.

·        City – some cities or towns have a yearly filing in addition to a city sales tax.  You may very well be exempt from both.

·        University – while you don’t likely owe a collegiate partner any money, odds are you’ll need to send in some institution-specific paperwork regarding your tax status every year.  Never underestimate the love most Universities have for paperwork in quadruplicate.  The goldenrod copy is yours.

 

Your NPO might wind up being responsible for some taxes, even if your 501(c)(3) status is accepted.  The Unrelated Business Income Tax often applies to related business enterprise(s), or feeder businesses, that are too successful.  Since all your money must be rolled back into the business, if you can’t find a use for money by the end of the fiscal year or quarter, it might be taxable income.  This is often avoidable by having good, realistic expectations of the likely feeder business profits or donation schedule, so you can figure this all into the budget.

 

Another potential form of taxation might include income generated by investment incomes and property held by the NPO.  Like any business tax, it must be paid quarterly on investment income of over $500 per year.  Your accountant will have a good idea if you’ll be requiring quarterly filing on any such income.

 

If the IRS forms weren’t enough, you need to prepare statements and reports every year or fiscal quarter for not only the IRS but also, for members and board members.  This can be quite involved, depending on the size and mission of your NPO.  If there were financial information, you’d rather not have made public – too bad.  It’s very likely the law in your state.

 

When it’s time to hang it all up and call it a day, don’t think you get to take as much as a paperclip with you.  All physical property and assets must be given away to another recognized NPO, should yours dissolve.  There are plenty of reasons an NPO might call it quits.  You will not recover the money and property you put into the venture in compensation.  You may give the resources to a new NPO that you start or another existing one.  This rule exists to keep NPOs from becoming money-laundering schemes (most of the time), and is law in all 50 states.

 

 

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