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Do You Owe Sales Tax?

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As a nonprofit organization you may qualify for exemption from paying both federal and state income tax, but sales tax is a different matter. With some exceptions, a nonprofit’s sales and purchases are taxable. In other words, nonprofit and religious organizations, in general, are treated just like other California sellers and buyers for sales and use tax purposes.

For example, one of our local nonprofits held a day-long yard sale. All of the items sold had been donated to the organization for this purpose. Some members of the organization were surprised to learn that they needed to pay sales tax to the State of California based on the amount of their sales that day.

Some other examples:

  • Sales of food, meals, beverages, and similar items under a number of different circumstances.
  • Sales of tickets that buyers will exchange for food, beverages, or other physical products.
  • Sales of booklets, books, pamphlets, etc.
  • Sales of tickets for fundraising events when the ticket price includes amounts for food or beverages.
  • Sales of merchandise in Internet, live, and silent auctions.

Thankfully, the California Department of Tax and Fee Administration has published a guide specifically for nonprofits. Download your copy here.

Keep It or Toss It?

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Digital technology makes it so easy to create and store files. Over time, you can easily amass thousands of files (I have 26,443 on my laptop and counting). We don’t need all those files, and the more there are the harder it becomes to find the ones you do need. That’s where a document retention policy comes to the rescue.

There are files you want to keep. There are files you need to keep. The rest you can delete (or if they are on paper, shred and discard). A document retention policy tells you which are which and, for those you need to keep, how long you need to keep them. It’s also a policy that helps make sure you are in compliance with IRS regulations and keep your tax-exempt status.

If your nonprofit has not adopted a document retention policy yet, this is a good time to start the process. Familiarize yourself with the IRS regulations. Then, look at some samples and templates. Pick one that seems to best fit your organization and then customize. Finally, and most importantly, make sure everyone is familiar with the policy and follows it—including you!

Here are some good starting places:

Mileage Reimbursement for Volunteers?

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Should our nonprofit reimburse volunteers at the business rate because nonprofits are businesses? Or should we reimburse at the rate for charitable organizations?

First of all, whether or not to provide mileage reimbursement to your nonprofit’s volunteers is optional. So is the rate at which you choose to reimburse them. But there is an important caveat!

The IRS reimbursement rate for charitable mileage is currently 14 cents per mile. If a volunteer itemizes deductions and keeps track of miles driven for charitable purposes, that amount can be a deduction. But, if you choose to reimburse the volunteer at a higher rate, the volunteer must report the difference as income.

If you choose to offer mileage reimbursement to your volunteers, it is good practice to adopt a written policy that makes it clear what trips qualify, when and how the reimbursement will be made, and what documentation the volunteer must submit in order to be reimbursed.

Here are some sound resources on this topic:

5 or More Employees? Read this!

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California employers — including nonprofits — are required by state law to facilitate enrollment in the CalSavers program if they don’t offer an employer-sponsored retirement plan and have five or more employees. All eligible employers can register at any time prior to their registration deadline. The deadline for employers with more than 50 employees was June 30, 2021. The deadline for those with 5 or more is June 30, 2022.

Don’t get caught behind on this one! If you are not in compliance, you face a fine of $250 to $500 per employee. Click the the link below for full information.

https://employer.calsavers.com/home/employers.html

Contracting for Fundraising

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We recently had the question at Spokes, “What are the pros and cons of using independent contractors for fundraising and basing their fee on the amount of money raised?” Good question!

The answer? Well, when done correctly, it is legal, but there are lots of steps that must be taken. In addition, there are ethical and practical issues that you really need to consider before taking this route. If you or your board is considering this approach, Spokes recommends you carefully review the following references, in order.

Compensating Nonprofit Fundraisers – this is a good overview that gives pros and cons.

Professional Fundraising Consultants and Grantwriters  – Pay particular attention to the section, “Did you know?”

California Attorney General’s Guide for Charities – California is a state that does require both the fundraising professional or company to be registered and the charity/nonprofit to follow specific procedures as to contracting, etc. See Chapter 9 beginning page 68.

AB5 issue. – Finally, be aware that California now has very stringent rules with regard to employees versus independent contractors. Basically, a person is an employee unless “proven otherwise.” There is a list of exceptions that includes “grant writer” but not fundraising consultants.

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