The materials in our Resources section are for informational purposes only, without any representation that they are accurate or complete. These publications do not constitute legal advice and do not create an attorney-client relationship between the reader and any other person, nor are they an offer to create such a relationship. These publications are current as of the date written, but laws change over time and vary from state to state. As a result, the information presented here may not be timely and/or appropriate for any state not specifically addressed in a publication. Consult an attorney if you have questions regarding the content of any publication.

Resources

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Posted on March 4, 2019

If your nonprofit doesn’t have the proper license from the local sheriff, that raffle you’re holding may be considered illegal gambling in the State of Georgia. Learn how to comply with the law and stay out of trouble.

Posted on February 28, 2019

Has anyone ever offered your organization a gift of stock, bonds, mutual funds, CDs, or other investments? Many organizations do not think about a policy for accepting such investments and a procedure for managing them until the offer is made and then urgency takes priority instead of a thoughtful plan. Some nonprofits also receive offers for the donation of real property including homes, empty lots, farms, and even office buildings. Having a policy, plan and process to handle such requests is important to protect the organization. Tune in to learn more about how to establish gift acceptance policies that work for small nonprofit organizations.

View the webcast.

Posted on February 15, 2019

Food donations support many in need, but nonprofits must not overlook their legal risks and obligations in distributing donated items. Every day, food is wasted by restaurants, growers and stores. This is in part because potential donors fail to understand food donation policy or fear possible liability. Fortunately, a federal law known as the Bill Emerson Good Samaritan Act provides fairly broad protections to food donors and nonprofits distributing donated food. This article provides an overview of the Good Samaritan Act and some factors to consider for nonprofits engaged in or considering engaging in food donations.

Posted on February 6, 2019

If your nonprofit provides donors with an item in return for a donation, you will need to determine whether such item qualifies as a “low-cost article”. That question impacts how much the donor can deduct for his or her donation and what language you need to include on the acknowledgment of the donation.

Posted on January 19, 2019

If you are providing parking to your employees on your own property, on leased property, or on a nearby parking lot, or if you are providing MARTA passes to employees, whether you are paying directly for these benefits or providing them through a pre-tax deduction to your employees’ pay, there may be tax implications for your organization under the Tax Cuts and Jobs Act. This article will provide you with information about the potential tax implications for nonprofits that provide these benefits to their employees, and includes updated information from the IRS on this subject.

Posted on January 18, 2019

The government shutdown has impacted some government agencies and services that are typically used by or interact with nonprofit employers. The purpose of this article is to inform you of the current situation involving various federal agencies with which you may have contact.

Posted on January 2, 2019

Dealing with the death of spouse or other family member is difficult. While they are still grieving, surviving family members can be targeted by debt collectors and led to believe that they are responsible for paying their loved ones’ debts. Family members are also frequently unaware that the probate process provides financial protections for surviving spouses and minor children. This webcast will provide an overview of the following:

• What happens when a family member dies with and without a last will and testament;
• What it means to probate an estate and how the probate process works;
• The extent to which surviving family members are liable for a deceased relative’s debts; and
• How surviving spouses and minor children can obtain additional protections through year’s support petitions.

This webcast is recommended for housing nonprofits and nonprofits with large homeowner and/or senior client bases.

The Building Generational Wealth webcast series is offered by the Generational Poverty Law Project, a partnership between Pro Bono Partnership of Atlanta, Atlanta Legal Aid Society, and Georgia Heirs Property Law Center and funded by The Junior League of Atlanta.

Speaker: Joann E. Johnston, Legal Programs Director and Gentry E. Mander, Equal Justice Works Georgia Housing Corps Fellow

Click here to view the webcast.

Posted on December 18, 2018

Many small nonprofits have close ties to separate for-profit corporations.

– Does a for-profit provide a lot of your 501(c)(3)’s support?
– Was your 501(c)(3) public charity started by a for-profit entity that does similar or connected work to your 501(c)(3)?
– Do you share clients or refer clients to one another?

These scenarios, plus others, may risk the 501(c)(3)’s public charity and tax-exempt status if not closely evaluated. During this webcast, our speaker will discuss these risks and how to manage them.

Speaker: Robyn Miller, Senior Tax/Corporate Counsel at Pro Bono Partnership of Atlanta

Click here to view the webcast.

Posted on December 18, 2018

Nonprofits rely on special events for a wide variety of reasons: as a fundraising source, to recognize volunteers and as an opportunity to celebrate your mission. These special events usually include serving alcohol, which means, you may even need to apply for a special events alcohol license! In this webcast, we will have an expert in the industry speak about special event alcohol licenses, including:

– In what circumstance would your nonprofit need to apply?
– How do fees and requirements vary depending on the city or county you are hosting your event?
– Once a nonprofit gets a license, how long is it good for?

Speaker: Taylor Harper of TFH Legal

Click here to view.

Posted on November 28, 2018

Attracting and retaining the right talent to provide leadership can have a significant impact on how dynamically a nonprofit organization is able to meet the needs of its community. While there are many methods for providing benefits to executives, one primary focus for attracting talent is designing attractive compensation packages. However, compensation for employees of nonprofit organizations, and in particular executives, is subject to special restrictions under the Internal Revenue Code (the “Code”). This article will provide guidance for organizations to help navigate some of these restrictions.

Topics covered in this article include:
(1) What is reasonable compensation?
(2) What is a private inurement?
(3) How does the new tax bill affect compensation for nonprofit executives?
(4) Guidance for structuring an incentive compensation policy.