Starting and Managing a Nonprofit Organization: A Legal Guide »

BRUCE R. HOPKINS is the country’s leading authority on tax-exempt organizations and is a lawyer with the firm Polsinelli, Shalton & Welte, PC. He is also the author of fifteen books, including The Law of Intermediate Sanctions; The Legal Answer Book for Private Foundations; The First and Second Legal Answer Book for Nonprofit Organizations; The Law of Tax-Exempt Organizations, Eighth Edition; Private Foundations: Tax Law and Compliance, Second Edition; and The Tax Law of Charitable Giving, Third Edition, as well as the newsletter Bruce R. Hopkins’ Nonprofit Counsel, all published by Wiley.

The essential resource for nonprofit success

For 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 implications

Up-to-date information on reporting revenue, private benefit, intermediate sanctions, supporting organizations, and the commerciality doctrine

New material on advocacy communications by exempt organizations, the political organization’s notice and reporting requirements, and the use by exempt organizations of limited liability companies

Insight into the newly emerging law concerning involvement of exempt organizations in joint ventures

Checklists, step-by-step guidance to procedures, and a glossary of legal terms for fail-safe compliance

Written 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 vii

Acknowledgments xiii

Part 1 Starting a Nonprofit Organization 1

Chapter 1 What Is a Nonprofit Organization? 3

Chapter 2 Starting a Nonprofit Organization 13

Chapter 3 Debunking Some Myths and Misperceptions 25

Part 2 Being Nonprofit, Legally 33

Chapter 4 Nonprofit Organizations: Much More than Charity 35

Chapter 5 Nonprofits and Private Benefit 51

Chapter 6 From Nonprofit to Tax-Exempt 67

Chapter 7 Charities: Public or Private? 83

Chapter 8 Governance: Board Duties and Liabilities 97

Chapter 9 Braving Annual Reporting 115

Chapter 10 Tax Exemption: Not a Paperwork Exemption 125

Chapter 11 Charitable Giving Rules 135

Chapter 12 Government Regulation of Fundraising 153

Part 3 Tax-Exempt Organizations Can Be Taxable, and So Can Their Managers 173

Chapter 13 Related or Unrelated? 175

Chapter 14 Lobbying Constraints-And Taxes 191

Chapter 15 Political Campaign Activities-And More Taxes 203

Chapter 16 Donor-Advised Funds, Tax-Shelters, Insurance Schemes-And Still More Taxes 211

Part 4 Helpful Hints and Successful Techniques 217

Chapter 17 Subsidiaries: For-Profit and Nonprofit 219

Chapter 18 Joint Venturing and Other Partnering 229

Chapter 19 Wonderful World of Planned Giving 237

Chapter 20 Putting Ideas into Action 245

Part 5 Sidestepping Traps 255

Chapter 21 Watchdogs on the Prowl 257

Chapter 22 Potpourri of Policies and Procedures 271

Chapter 23 Commerciality, Competition, Commensurateness 287

Chapter 24 IRS Audits of Nonprofit Organizations 297

Chapter 25 Avoiding Personal Liability 315

Epilogue 321

Glossary 327

Index 339