Start Up and Small Nonprofit Compliance gets you Going Right!
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Small and start-up nonprofits form from passion to make a difference in the world. Thanks to the help of an engaged board and the founder’s own groundwork, they can help those in need and effect change. A strong start-up nonprofit board plays an important role in guiding governance decisions, maintaining accountability, and helping founders establish a sustainable organization. Yet every nonprofit must navigate the gamut of government regulations in order to achieve their lofty (and often important) goals. This vast sea of information and rules rarely have anything to do with the intuitive nature that brought these organizations to life in the first place.
Even though we all complain about the ‘red tape’, in the final analysis, government regulations are necessary for the nonprofit sector to work properly. They bind nonprofits to accountability and transparency, insulating the organization, and therefore the donor, from fraud. For the small or start-up nonprofit, compliance through filing state and national forms is also their birth certificate of sorts. It gives them the ability to compete with larger organizations for funding and helps them to create partnerships.
The IRS form used to apply for tax-exempt status (1023) or annual file as a nonprofit (990), can seem like an overwhelmingly confusing administrative burden, especially for startups. Managing nonprofit compliance requirements properly from the beginning can help organizations maintain their tax-exempt status and avoid costly administrative issues. Nevertheless, they are what makes it possible for nonprofits to operate without paying many taxes, and to enjoy many of the other benefits that come with tax-exempt status – including offering the tax deductibility of charitable gifts and building credibility with stakeholders.
Engaging in compliance helps to retain the nonprofit’s status as a tax-exempt organization, vital to its financial wellbeing; it protects against the distraction of unnecessary legal challenges, fines or penalties that would deplete resources; and it dovetails with the high standards of ethics that nonprofits champion – making the nonprofit accountable, thereby winning the trust of donors.
An authentic culture of compliance must come from the ground up. You can foster it by educating team members about the need for regulation, developing internal compliance policies that make it part of the organizational ethos, and leveraging technology to make such processes more efficient. Such a compliance-specific culture is not only conducive to survival but also forms the basis of sustainable growth.Â
For small and start-up nonprofits, compliance isn’t just an obligation – it can be a pathway to sustainability and impact. Climbing over compliance-related hurdles can build goodwill, credibility and confidence, and enable greater focus and peace of mind.
See the Frequently Asked Questions (FAQs)!
Resource List
- GrantStation: Access this tool to utilize Publicly Available Data and Research Services to identify potential supporters with the capacity to make significant gifts. It helps you focus your fundraising efforts by uncovering philanthropic histories and personal interests, narrowing your list to those most likely to resonate with your mission.
- Little Green Light: This Donor Database and CRM is essential for maintaining excellent record-keeping and tracking donor interactions. It helps you move beyond treating prospects as numbers by documenting patterns in their interest and capacity, which are crucial for building long-term relationships.
- Bloomerang: Use this platform for Record Keeping and to automatically spot Patterns in donor behavior. It ensures that your fundraising is both efficient and effective by providing a strategic way to analyze data sets and identify donors who are ready for deeper engagement.
- Prospect Research Institute: Utilize this resource for specialized Training and Education to master the ethical and strategic nuances of prospect research. It provides the professional guidance and hands-on instruction needed to carefully investigate giving capacity and interest, ensuring your team can build a firm foundation for fundraising success while adhering to industry standards.
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Start-Up and Small Nonprofit Compliance FAQs
Disclaimer: This is educational, not legal or financial advice. Please seek qualified counsel in your jurisdiction before you take any action.
1. What are the "Must-Haves" for compliance?
To stay legal, every new nonprofit needs:
- Bylaws: The internal rulebook for your board.
- Conflict of Interest Policy: To prevent self-dealing.
- Form 990 Filing: The annual tax return required by the IRS (even if you made $0, you might need to file the 990-N "postcard").
2. Do we need insurance right away?
Yes. Even small nonprofits face risks. At a minimum, you should consider General Liability (slip-and-fall) and Directors & Officers (D&O) insurance to protect your board members from personal liability.
- Check out "Top Ten Nonprofit Risk & Insurance Pitfalls" on this page.
3. Can we pay our Board Members?
Generally, no. In most nonprofits, board service is voluntary. Paying board members can raise huge red flags with the IRS regarding "private inurement." However, you can and should reimburse them for reasonable expenses (like travel).
4. How do we handle "Conflicts of Interest"?
A conflict occurs when a person in authority (like a board member) benefits financially from a decision. You don't always have to avoid the transaction, but you must disclose it and the conflicted person must recuse themselves from the vote.
- See the resource "How to Avoid Conflicts of Interest in Not-for-Profit Organizations."
5. What happens if we forget to file our taxes?
If you fail to file your Form 990 for three consecutive years, the IRS will automatically revoke your tax-exempt status. Getting it back is a long, expensive legal process. This page emphasizes the importance of setting up calendar reminders for these deadlines immediately.
Start-Up and Small Nonprofit Compliance FAQ
Essential guidance on bylaws, tax filings, and legal protections for new nonprofit organizations.