Club & LSC Financial Management. Jill J. Goodwin, CPA Waugh & Goodwin, LLP jgoodwin@waughgoodwinllp.com

Transcription

1 Club & LSC Financial Management Jill J. Goodwin, CPA Waugh & Goodwin, LLP

2 Form 990 Forms 1099 and W 2 State taxes Other current issues TAX ISSUES

3 Form 990 File Form 990, 990 EZ, or 990 N by the 15 th day of the 5 th month following year end Form 990 N, Electronic Notification for Tax Exempt Organizations Not Required to File Form 990 or 990 EZ (e Postcard), may be filed at May file 990 N if gross receipts are normally equal to or less than $50,000 Determined by taking the average of gross receipts for the preceding 3 years, including the year for which the return would be filed

4 Form 990 Continued Forms 990 vs. 990 EZ filing requirements If gross receipts are less than $200,000 and total assets are less than $500,000, the organization may file Form 990 EZ If gross receipts are greater than $200,000 and assets are greater than $500,000 at year end, then Form 990 must be filed

5 Form 990 Continued Any organization which fails to file 3 years in a row will automatically lose its exempt status and have to reapply to be recognized as an exempt organization

6 Form 990 Continued Significant changes to Forms 990 and 990 EZ in recent years Why the new form? How does the new form promote tax compliance? Some members of the public rely on information provided in Form 990 to obtain information about an Organization With this in mind, when preparing the form, the Organization should make sure that the return is complete and accurately describes the Organization s programs and accomplishments

7 Form 990 Continued Form 990 structure: The form includes 12 sections and 16 supplemental schedules Section 1: Summary of the return Heading section should be current as of the filing date Section II: Signature Block Section III: Program service accomplishments Opportunity to fully describe the Organization s significant programs Grants grants awarded, not received Revenue Includes any program revenues, does not include contributions

8 Form 990 Continued Form 990 structure: Section IV: Required Schedules Section V: IRS Filings and Tax Compliance Section VI: Governance, Management & Disclosure

9 Form 990 Continued Form 990 structure: Section A: Information regarding the Board of Directors and Management Does the Board delegate broad authority to the Executive Committee or a similar committee? Are minutes of Board and Committee meetings contemporaneously documented?

10 Form 990 Continued Section B of Governance, Management & Disclosure section Questions regarding whether the Organization has the following policies in place: Conflict of interest policy Written whistleblower policy Document retention & destruction policy Policies regarding the process for determining compensation, including review and approval process, of the CEO, Executive Director or top management official, other officers or key employees of the organization NOTE: These aren t required just suggested

11 Form 990 Continued Form 990 structure: Section C: How the Organization discloses information * State Filings * Public Inspection * Who has custody of the financial records

12 Form 990 Continued Form 990 structure: Section VII: Board Listing & Compensation Reporting of compensation of officers, directors, trustees & key employees Definition of officer and key employee Includes the top management official & top financial officer Compensation of five highest compensated independent contractors threshold is $100,000 and over

13 Form 990 Continued Form 990 structure: Section VIII: Revenue Membership dues Line 1b or 2? In Kind services and facilities should not be included

14 Form 990 Continued Form 990 structure: Section IX: Expenses If other expenses exceed 10% of total expenses, detail needs to be included on Schedule O Unrealized Gains (Losses) on investments are not reported In Kind services and facilities should not be included

15 Form 990 Continued Form 990 structure: Section X: Balance Sheet Section XI: Net Assets Unrealized Gains (Losses) on investments are reported as other changes in net assets Section XII: Financial Statements

16 Form 990 Continued Schedules: Schedule A: All Charities must complete Schedule B: Complete if cash or non cash contributions from one source equal or exceed $5,000 Schedule C: Political Campaigns & Lobbying Schedule D: Supplemental Financial Info Endowment Funds Fixed Assets Other Assets/Liabilities Reconciliation to audited financial statements

17 Form 990 Continued Schedules: Schedule E: Schools Schedule F: Activities conducted outside of the United States Schedule G: Fundraising & Gaming Complete if fundraisers generated more than $15,000 Schedule H: Hospitals Schedule I: Grants & Assistance If grants were awarded to recipients in excess of $5,000 Can be cash or non cash

18 Form 990 continued Schedule J Additional compensation disclosure Information regarding first class/charter travel Companion travel Health or social club dues/initiation fees Personal services Substantiation requirements for reimbursement Questions regarding how the organization determines compensation for the CEO/Executive Director Schedule K: Tax Exempt Bonds

19 Form 990 continued Schedule L Reporting of transactions with interested persons Direct business relationships Indirect business relationships through ownership of more than 35% in another entity Family members with direct or indirect business relationships Serve as an officer, director or key employee with a member of an entity doing business with the organization

20 Form 990 continued Schedule M If more than $25,000 in non cash contributions is received, this schedule must be completed Details of the types of non cash items received Includes number of contributors for each type of donation Revenues reported from these transactions Method of determining amounts recorded Schedule N: Liquidations, Terminations & Dissolutions Schedule O: Supplemental Information Schedule R: Related Organizations, Unrelated Partnerships

21 Form 990 Penalties $20 per day if gross receipts are less than $1,000,000 $100 per day if gross receipts are more than $1,000,000 If the organization is required to file electronically, but fails to do so, the return is deemed to have not been filed Penalties begin on the due date for the return If information is not furnished within the time the IRS allots, the person failing to comply will be charged a penalty of $10 per day

22 Form 990 T Unrelated Business Income Tax (UBIT) Trade or business income Not substantially related to the organization s exempt purpose In excess of $1,000 Regularly carried on Taxed at corporate rates Heath Care Credit

23 Forms 1099 & W 2 Form 1099: Payments made to any person $600 and over per year This includes individuals, partnerships, LLCs No 1099s to Corporations, S Corporations or Exempt Organizations

24 Forms 1099 & W 2 continued Form 1099: Form W 9, Request for Taxpayer Identification Number and Certification, should be requested from payees prior to disbursing funds to insure that you have the required information when it is time to prepare the 1099 forms Distribute to the payee by January 31 st each year Send to the IRS with Form 1096 transmittal by February 28 th each year Penalties apply for failure to prepare and send the returns to the IRS on a timely basis

25 Forms 1099 & W 2 continued Form W 2 Report employee compensation and withholdings on Form W 2 to employees by January 31 st each year Send to the Social Security Administration with Form W 3 transmittal by February 28 th each year Form W 4, Employee s Withholding Allowance Certificate and Form I 9, Employment Eligibility Verification, should be requested from employees upon hiring Other quarterly reporting requirements apply

26 Disclosure requirements Form 1023 USA Swimming s form if under the group exemption Form 990 or 990 EZ Form 990 T Other information that is widely available

27 Disclosure requirements Must provide copies to individuals requesting either in writing or in person Usually must provide immediately if requested in person Within 30 days if requested in writing May charge reasonable copy charges (current rate is.20 per page) and actual postage Penalties of $20 per day imposed against the person failing to provide the documents

28 Tax Issues Jeopardizing exemption A 501(c)(3) organization must not be organized or operated for the benefit of private interests No part of the net earnings may inure to the benefit of any individual Refrain from participating in political campaigns of local, state or federal candidates Restrict lobbying activities Failure to satisfy annual filing requirements

29 Tax Issues continued Inurement/Private Benefit A section 501(c)(3) organization must not be organized or operated for the benefit of private interests, such as the creator or the creator's family or persons controlled directly or indirectly by such private interests. No part of the net earnings of a section 501(c)(3) organization may inure to the benefit of any private individual. Political Involvement: By law, organizations exempt from tax under Internal Revenue Code section 501(c)(3) may not participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of (or in opposition to) any candidate for public office.

30 Tax Issues continued Health Care Reform Required disclosure of employer sponsored health insurance coverage on W 2 form for the 2011 tax year Credit of 25% for premiums paid toward health coverage for employees for tax years beginning in 2010 through 2013 No more than 25 FTE employees, Average annual compensation no greater than $50,000 Credit is claimed on form 990 T

31 Tax Issues continued Excess benefit transactions Transaction in which an economic benefit is provided by an applicable tax exempt organization, either directly or indirectly, to or for the use of any disqualified benefit provided exceeds the value of the consideration received by the organization A person who benefits from an excess benefit transaction, such as compensation, fringe benefits or contract payments from a section 501(c)(3) or 501(c)(4) organization may have to pay an excise tax under section 4958 Tax on recipient of excess benefit transaction equals 25% of the excess benefit received If not paid within the reporting period, an additional 200% tax is assessed 10% tax on managers (i.e. Board of Directors)

32 State Reporting The States and District of Columbia have enacted charitable solicitation statutes Usually require organizations to register with the state before they solicit contributions Some exemptions vary state by state Some states accept Form 990 need to check specific state requirements

33 State Reporting continued National Association of State Charity Officials website has links to state offices which regulate charitable organizations and charitable solicitations s charity offices/

34 Non Profit Publications Publication 526, Charitable Contributions Publication 557, Tax Exempt Status for Your Organization Publication 598, Tax on Unrelated Business Income of Exempt Organizations Publication 1771, Charitable Contributions, Substantiation and Disclosure Requirements Publication 4220, Applying for 501(c)(3) Tax Exempt Status Lots of information at

35 DISBURSEMENTS APPROVALS, SIGNATURES & REMOTE ISSUES

36 Disbursements Approvals, Signatures & Remote Issues Disbursements Process for authorizing purchases Receipt of invoice Invoice approval process

37 Disbursements Approvals, Signatures & Remote Issues Checking account Setting up the account Authorized signers Reconciliation procedures Dual signature requirements

38 Disbursements Approvals, Signatures & Remote Issues Credit card usage Receipts Authorization process Remote accounting issues Logistics Accountability Checks & balances

39 Purpose Planning Performance Results INTERNAL AUDIT

40 Internal vs. External Audits Internal Objectives determined by the board Audit work is done by individuals associated with the Organization Concentrates on internal controls & procedures Issues a report on findings and recommendations External Audit work is done by a Certified Public Accountant who is independent of the Organization Tests controls and risk factors Attests to whether the financial statements are in compliance with GAAP

41 Audits Internal Why an internal audit? Provide assurance that the Organization is: Operating efficiently Assets are safeguarded Organization is compliant with prescribed laws & policies Offers oversight of day to day operations Review the integrity of financial statements for reasonableness and accuracy

42 Audits Internal What you should get out of an internal audit: Documentation on what areas, if any, need improvement Self regulation to determine if Policies & Procedures are being followed Suggestions for increased efficiency and accuracy

43 Audits Internal What are the steps? Planning the audit Performing the audit Documentation

44 Audits Internal Planning step: Decide who will be responsible for the internal audit Define the objectives Determine the scope Define the criteria to be considered Performing the audit: No single right or wrong way to accomplish an internal audit Look for opportunities to improve processes Look for best practices Look for weaknesses in the system

45 Audits Internal Important factors in an internal audit: Auditor needs to be prepared Needs to be objective & independent Needs to be able to exercise sound judgment Needs to be able to maintain confidentiality If a weakness in a procedure is noted it should be analyzed to determine if it was an isolated incident or if it is systemic Testing may need to be expanded to make a determination

46 Audits Internal Documentation: What to document: Scope & Criteria What you are doing Objectives Why you are doing it Findings Results of audit work

47 Audits Internal Report Delivered to the Board of Directors Include the scope of work Results of the audit Maintain confidentiality