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Starting and Managing a Nonprofit Organization: A Legal Guide, 7th Edition

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Starting and Managing a Nonprofit Organization: A Legal Guide, 7th Edition

Bruce R. Hopkins

ISBN: 978-1-119-38022-1 July 2017 448 Pages

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Description

Everything you need to start and manage a non-profit

Starting and Managing a Nonprofit Organization is written to help anyone who's just getting their toes wet in the sector get up to speed on the critical information needed to protect their nonprofit's tax-exempt status—and avoid the many legal traps out there that you probably didn't know exist. Packed with checklists and step-by-step guidance, Starting and Managing a Nonprofit Organization demystifies intricate legal issues with plain-English language explanations for non-legal professionals of the statutes, regulations, court opinions, and other rules comprising nonprofit law.

Nonprofits must comply with stringent federal and state laws due to their special exempt status; the government's ultimate threat is revocation of a nonprofit's tax-exempt status, which usually means the nonprofit's demise. Written in plain English, not "legalese," this all-important guide provides essential guidance for those interested in starting nonprofits, as well as valuable advice for leaders of established organizations.

  • Covers all aspects of federal and state nonprofit law
  • Discusses significant contemporary issues, including commerciality, private benefit, governance, and unrelated business
  • Provides summaries of current IRS ruling policies
  • Includes procedures and a glossary of legal terms for fail-safe compliance

Written by the country's legal leading authority on tax-exempt organizations, Starting and Managing a Nonprofit Organization is the reference you'll want to keep close by as you navigate your way through the world of nonprofit and the law.

Preface vii

PART ONE STARTING A NONPROFIT ORGANIZATION 1

Chapter One: What Is a Nonprofit Organization? 3

Chapter Two: The Nonprofit Organizations’ Regulatory Scene 17

Chapter Three: Starting a Nonprofit Organization 27

PART TWO BEING NONPROFIT, LEGALLY 39

Chapter Four: Nonprofit Organizations: Much More Than Charity 41

Chapter Five: Nonprofits and Private Benefit 59

Chapter Six: From Nonprofit to Tax-Exempt 77

Chapter Seven: Charities: Public or Private? 93

Chapter Eight: Nonprofit Governance 111

Chapter Nine: Braving Annual Reporting 137

Chapter Ten: Tax Exemption: Not a Paperwork Exemption 149

Chapter Eleven: Charitable Giving Rules 163

Chapter Twelve: Government Regulation of Fundraising 187

PART THREE TAX-EXEMPT ORGANIZATIONS CAN BE TAXABLE, AND SO CAN THEIR MANAGERS 211

Chapter Thirteen: Related or Unrelated? 213

Chapter Fourteen: Lobbying Constraints—And Taxes 231

Chapter Fifteen: Political Campaign Activities—And More Taxes 243

Chapter Sixteen: Donor-Advised Funds, Tax Shelters, Insurance Schemes—And Still More Taxes 253

PART FOUR HELPFUL HINTS AND SUCCESSFUL TECHNIQUES 261

Chapter Seventeen: For-Profit and Nonprofit Subsidiaries 263

Chapter Eighteen: Joint Venturing and Other Partnering 275

Chapter Nineteen: Wonderful World of Planned Giving 291

Chapter Twenty: Putting Ideas into Action 303

PART FIVE SIDESTEPPING TRAPS 313

Chapter Twenty-One: Watchdogs on the Prowl 315

Chapter Twenty-Two: Potpourri of Policies and Procedures 329

Chapter Twenty-Three: Commerciality, Competition, Commensurateness 343

Chapter Twenty-Four: IRS Audits of Nonprofit Organizations 355

Chapter Twenty-Five: Avoiding Personal Liability 375

PART SIX CONSTITUTIONAL LAW PERSPECTIVE 383

Chapter Twenty-Six: Nonprofit Organizations and the Constitution 385

Glossary 409

Index 421