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Form 1023 Part V question

16 years 9 months ago #137808 by Gabe
Replied by Gabe on topic RE: Form 1023 Part V question
I am very happy to find thjis forum. I hope my question will be posted.

Do Board memberes have to digne the Confilict of Interest Doc.?

Thanks
17 years 7 months ago #62628 by JHB
Replied by JHB on topic RE: Form 1023 Part V question
One more note - please report back if - actually, WHEN - your application is successful and especially if you discover anything should be different than what was suggested above. Your input will help those who come after you who might use this thread as a reference.

Good luck.

[ 12-05-2006, 10:59 AM: Message edited by: JHB ]
17 years 7 months ago #62627 by JHB
Replied by JHB on topic RE: Form 1023 Part V question
Good - glad it helped. When you cut/paste the conflict of interest policy, you'll do a tiny bit of editing. In the Purpos statement, your org's name will go in the parenthesis.

You can replace the other references to "organization" with your group's name or you might just not capitalize it and leave it generic (if the sentence reads properly).
17 years 7 months ago #62626 by MarcyH
JHB-

Thank you so much for your response and link to the Conflict of Interest policy discussion. They were both very helpfu.

Marcy
17 years 7 months ago #62625 by JHB
Replied by JHB on topic RE: Form 1023 Part V question
Here's a link to the old discussion that included the sample Conflict of Interest policy.
17 years 7 months ago #62624 by JHB
Replied by JHB on topic RE: Form 1023 Part V question
Ugh! The forum's acting quirky tonight. I had this all answered AND saved, now all but the first paragraph has disappeared. If it reappears later and this is a duplicate - sorry.
Let's just hope I come up with the same answer twice. ;)

Continuing from above...
With the IRS, it’s usually better not to skip things and leave them blank. I’ve found the reviewers are pretty good about using common sense. It’s better for you to indicate something doesn’t apply (n/a, none) so they don’t think you just forgot to answer. Here’s what I suggest.

1a – list the elected officers and “none” by each one for compensation
1b – “none”
1c – “none”

2a-c (relationships) – “no” for each

3a (qualifications/duties) – I don’t think you need to attach anything, but if you have doubts – call the IRS (or just make up an attachment)
3 b – “no”

4a-g “yes”

5 (conflict of interest policy) – really should be “yes”, but then you do need a policy. If you answer “no”, then need to provide info for B and C.

I recommend you adopt the sample proposed by the IRS. (Search these Forums – you’ll find one you can cut and paste.) The Conflict of Interest Policyis a stand alone document, but you’ll probably want a generic statement in your bylaws. Something like:

All PTO officers, directors, and members will abide by the organization’s Conflict of Interest Policy as well as any state and federal laws governing conflict of interest applicable to nonprofit and charitable organizations.

Questions 6-9 should all be “no”.

Note – I’m recommending the above as answers for a typical PTO. But, obviously, you need to answer truthfully. Also, the IRS tax exempt group is really helpful. Call them if you get stuck.

[ 12-04-2006, 11:05 PM: Message edited by: JHB ]
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