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Changing by laws

17 years 1 month ago #133010 by JHB
Replied by JHB on topic RE: Changing by laws
By the way, I suppose the correct term is "gross receipts" rather than "gross revenue". And while, we tend to explain it here as $25,000 - that (of course) is the short version. The actual rule has to do with averages and how long your organization has been in existance. Here's the real language:

$25,000 Gross Receipts Test
To determine if an organization's gross receipts are normally $25,000 or less, apply the following test. An organization's gross receipts normally are considered to be $25,000 or less if the organization is:
  1. Up to a year old and has received, or donors have pledged to give, $37,500 or less during its first tax year;
  2. Between 1 and 3 years old and averaged $30,000 or less in gross receipts during each of its first 2 tax years; or
  3. Three years old or more and averaged $25,000 or less in gross receipts for the immediately preceding 3 tax years (including the year in which the return would be filed).
17 years 1 month ago #133009 by JHB
Replied by JHB on topic RE: Changing by laws
Robin - yes. The gross amount is essentially based on everything coming into your account. That would include membership funds, t-shirt sales, fundraising revenues, event fees, donations - whatever. I would think the parent checks you are talking about would be no different.

It just sounds like your group's way of thinking of it is that you are "holding" the funds or that they are passing through. In fact, that's field trip income and then when you pay the charges, there's a field trip expense. No different than, say, school supply kits.

I agree with filing every year, whether you need to or not. It's not that difficult and keeps you "alive".
17 years 2 months ago #132751 by WFS
Replied by WFS on topic RE: Changing by laws
I recommend filing your 990 every year, no matter what. Our school didn't and the IRS deactivated our EIN number. They didn't hear from us (via filing) so they didn't think we were still in existance. I needed to find our original paperwork receiving our EIN & they were able to re-activate it. We will file every year going forward so this will never have to happen again!

Making a positive difference one project at a time <img src=images/smilies/smile.gif>
17 years 2 months ago #132729 by RobinD
Replied by RobinD on topic RE: Changing by laws
JHB, isn't it also true regarding the 990/990EZ that it's not only if you gross$25,000 or more a year, but also if that much money " passes through" your checkbook?

So, if, for example, your PTO fundraiser grosses $21,000, and the PTO handles $4000+ in assorted checks from parents to pay for field trips, etc.. that you STILL have to file the 990 because more than $25,000 went through your checkbook?
17 years 2 months ago #132726 by Anon
Replied by Anon on topic RE: Changing by laws
Line 34 for 990 EZ.

Thanks for this info, I've been wondering about the same thing. Now I know what to do!
17 years 2 months ago #132701 by JHB
Replied by JHB on topic RE: Changing by laws
Notiftying the IRS is very routine. I doubt seriously they care about your elections. What would be significant to them would be if you changed your purpose, your fiscal year, dropped any of the required statements (like dissolution clause or the one about being non-political).

Any 501(c)(3) making more than $25,000 files a 990/990EZ annual return that primarily provides information (rather than serving as a big worksheet to calculate taxes due). Organizations making less than $25,000 can choose to file voluntarily. (By the way, that's changing. As of tax year 2008, we'll all file. They are developing a 990N "postcard" version for those that don't need the 990 or 990EZ.)

Part VI ask questions about your organization and any changes. If you've made changes (like this one) you can just mark Line 77 and attach the appropriate copies.

If you have any doubts, call the IRS for clarification as to how/when to report. Here's an excerpt from the instructions;
Line 77. Changes In Organizing or Governing Documents

Attach a conformed copy of any changes to the articles of incorporation, or association, constitution, trust instrument, or other organizing document, or to the bylaws or other governing document.

A conformed copy is one that agrees with the original document and all amendments to it. If the copies are not signed, they must be accompanied by a written declaration signed by an officer authorized to sign for the organization, certifying that they are complete and accurate copies of the original documents.
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