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Using Operating Reserves During a Crisis: When and How Much?
Articles A. Michael Gellman (CPA, CGMA) Articles A. Michael Gellman (CPA, CGMA)

Using Operating Reserves During a Crisis: When and How Much?

Many nonprofit organizations have worked very hard over numerous years to build up operating reserves to a level that allows them to be considered a financially healthy organization with enhanced sustainability prospects for weathering an unexpected economic downturn. However, now that we are in the midst of a full-blown economic crisis, organizations that have built-up substantial operating reserves are faced with a real quandary of answering two simple questions: When? and How Much?

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Q&A #3 – Is my Board allowed to have virtual meetings?
Q&A Benjamin Takis Q&A Benjamin Takis

Q&A #3 – Is my Board allowed to have virtual meetings?

It is very likely that virtual Board meetings of this type are allowed based on your description of the Bylaws. Unless your Bylaws have specific restrictions, “virtual” attendance at a Board meeting counts as attendance in person, and the meeting is treated the same as any other Board meeting for all purposes (quorum, notice, voting, etc.).

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Q&A #2 – Can donors use the charitable deduction for pre-paid fees for events that have been cancelled if the donor lets the organization keep the fees in lieu of a refund?
Q&A Benjamin Takis Q&A Benjamin Takis

Q&A #2 – Can donors use the charitable deduction for pre-paid fees for events that have been cancelled if the donor lets the organization keep the fees in lieu of a refund?

The IRS has never, to my knowledge, issued guidance on this particular question. But applying fundamental principles of the charitable deduction rules, people who affirmatively decline to receive a refund for cancelled events, and instead let the organization keep the remaining fees, should be able to deduct this portion as a “donation.”

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Top 10 Legal Action Items for Nonprofits in Light of COVID-19
Articles Benjamin Takis Articles Benjamin Takis

Top 10 Legal Action Items for Nonprofits in Light of COVID-19

While the usual legal compliance issues affecting nonprofit organizations (tax compliance, corporate governance, privacy issues, charitable solicitation registration, etc.) have not gone away, the massive wave of new legislation passed in response to the pandemic has made adapting to these new circumstances the number one legal priority for all nonprofits.

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