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Presented by DG Chet Dal Santo 2013 Assemblies
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IRS Classification Tax Deductible Status Fundraising Disclosures Required Unrelated Business Income Tax General Excise Tax Filing Requirement Charities Registration Accounting Net Assets Functional Expenses Financial Statements Recommendations 2013 Assemblies
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The IRS has 29 types of 501(c) designations which grant exemption from taxes So what designation does our Rotary Clubs fall under? 2013 Assemblies
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May 13, 1958, the IRS declared Rotary International and its clubs and districts exempt from federal income taxes under IRC Section 501(c)(4). IRC 501(c)(4) Civic leagues or organizations not organized for profit but operated exclusively for the promotion of social welfare, or local associations of employees, the membership of which is limited to the employees of a designated person or persons in a particular municipality, and the net earnings of which are devoted exclusively 2013 Assemblies
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General Concept: Organizations that promote social welfare should primarily promote the common good and general welfare of the people of the community as a whole. 2013 Assemblies
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Although very similar to a 501(c)(3), there are differences 501(c)(3) organizations are prohibited from “carrying on propaganda, or otherwise attempting to influence legislation” as a “substantial part” of its activities. Social welfare organizations, cannot attract charitable donations that are deductible for income, gift, and estate tax purposes. 2013 Assemblies
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Donations to your club are not deductible as charitable donations by the donor. Membership dues may be deductible for some Rotarians as a business expense. Rotary meetings may be deductible for Rotarians as a Meal & Entertainment Expense. Deductibility is determined by Rotarians status; business vs. individual 2013 Assemblies
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All fundraising income is subject to State of Hawaii General Excise Taxes Sponsorships may be deductible for Rotarians as a business expenses. Business expenses are generally preferred over charitable contributions for businesses Ticket Sales do not have a charitable donation allocation. 2013 Assemblies
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IRC Section 6113 requires certain tax-exempt organizations that are ineligible to receive tax deductible charitable contributions to disclose, in “an express statement (in a conspicuous and easily recognizable format), “ the nondeductibility of contributions during fundraising solicitations. Organizations whose annual gross receipts do not normally exceed $100,000 are excepted from this disclosure requirement 2013 Assemblies
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Disclosure must be: Medium in Print At least same size type as the primary message Included on the message side of any card or tear off section that the contributor returns with the contribution First sentence in a paragraph or a paragraph itself See IRS Notice 88-120: included in your handouts for more information August 16, 2011
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“Contributions or gifts to [name of organization] are not deductible as charitable contributions for Federal income tax purposes” “Contributions or gifts to [name of organization] are not tax deductible” “Contributions or gifts to [name of organization] are not tax deductible as charitable contributions 2013 Assemblies
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Aka – UBIT or UBTI IRS Publication 598 – Tax on Unrelated Business Income of Exempt Organizations Unrelated business income is the income from a trade or business regularly carried on by an exempt organization and not substantially related to the performance by the organization of its exempt purpose or function, except that the organization uses the profits derived from this activity. Certain trade or businesses are not treated as an unrelated trade or business. 2013 Assemblies
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Membership list sales – taxable Advertising – taxable Sponsorship – not taxable Selling Donated Merchandise – not taxable Volunteer Workforce – not taxable UBIT is a Gray area – seek professional assistance to assist in determination 2013 Assemblies
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State of Hawaii Membership and donations are generally exempt Must pay on fundraising and unrelated business income Effective July 1, 2010 – State placed a trust fund liability unto unpaid taxes. 2013 Assemblies
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Form 990 Due 15 th day of the 5 th month after your fiscal year end. December 31 st yearend, due date is May 15 th Up to 6 month extension Form 990-T and N-70NP Unrelated business income tax returns for federal and state; same due date Extension available, but payments are due on 15 th day of the 5 th month after your fiscal year end 2013 Assemblies
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Form G-45 General Excise Tax Return Monthly, quarterly or semi-annually Due on 20 th day after period close Month – following month Quarterly – April 20 th, July 20 th, October 20 th, January 20th Semi-annually – July 20 th and January 20th Form G-49 Annual Reconciliation Due April 20 th No Extensions available for G-45 or G-49 2013 Assemblies
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State of Hawaii Attorney General Charities registration law requires charitable organizations that solicit contributions to register [see handout] Filing due dates are linked to Form 990 Tiered annual fees based upon gross revenues Generally, less than $25,000 in gross revenues, exempts organization from registration requirements 2013 Assemblies
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Generally Accepted Accounting Principles GAAP Accural based accounting Income is recorded when earned Contributions are recorded when there is a detrimental reliance on the income Expenses are recorded when incurred Prepare a budget Reconciliations should be performed monthly Person doing books should not have check signing authority Copies of all deposits should be made Invoices should be properly coded and canceled 2013 Assemblies
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Unrestricted Net Assets BOD Designated Temporarily Restricted Net Assets Donor Restricted Time Restricted Transfer to Unrestricted No separate expense matching Permanently Restricted Net Assets Endowment 2013 Assemblies
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Program Services International Service project Community Service Projects RYLA, Interact, other Management and General Fundraising Event 1 Event 2 Membership 2013 Assemblies
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Statement of Financial Condition aka – Balance Sheet Statement of Activities aka – Income Statement or Profit & Loss Statement of Functional Expenses Program Management & General Fundraising Membership Statement of Cash Flows 2013 Assemblies
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Sample Rotary Club Statements of Financial Position June 30, 2013 2013 Assets Current Assets: Cash and Cash Equivalents (Note 4) $ - Grants Receivable (Note 5) - Other Receivable - Total Current Assets - Property and Equipment: (Note 6) Property and Equipment - Less: Accumulated Depreciation - Property and Equipment-Net - Other Assets: Deposits Held in Trust (Note 7) - Total Other Assets - Total Assets $ - Liabilities and Net Assets Current Liabilities: Accrued Payroll and Payroll Taxes $ - Total Current Liabilities - Other Liabilities: Deposits Held in Trust (Note 7) - Accrued Earned Leave (Note 8) - Other Liabilities - Total Other Liabilities - Total Liabilities - Net Assets (Note 3) Unrestricted - Temporarily Restricted - Permanently Restricted Total Net Assets - Total Liabilities and Net Assets $ - 2013 Assemblies Net Assets (Note 3) Unrestricted Temporarily Restricted Permanently Restricted Total Net Assets
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Sample Rotary Club Statements of Activities For the Year Ended June 30, 2013 TemporarilyPermanently UnrestrictedRestricted Total Revenues, Gains And Other Support Revenues Block Grants $ - Other Grants - - - - Donations - - - - Fundraising - - - - County Grants - - - - Interest - - - - Miscellaneous - - - - Total Revenues, Gains And Other Support - - - - Expenses Program Expenses - - - - Management and General - - - - Fundraising - - - - Total Expenses - - - - Change In Net Assets - - - - Net Assets at Beginning of Year - - - - Net Assets at End of Year $ - 2013 Assemblies Program Expenses Management and General Fundraising
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Sample Rotary Club Statements of Functional Expenses For the Year Ended June 30, 2013 Management Programand ServicesGeneralFundraisingMembershipTotal Payroll & Payroll Taxes $ - Clothing - - - - - Medical - - - - - Special Needs - - - - - Transportation - - - - - Education - - - - - Character Building - - - - - Professional Fees - - - - - Miscellaneous - - - - - Insurance - - - - - Training - - - - - Rent/Dep/Housing - - - - - Board & Staff Training - - - - - Newsletter - - - - - Advertising - - - - - Office Expense - - - - - Postage & Supplies - - - - - Depreciation - - - - - Utilities - - - - - Equipment Rental - - - - - Taxes - - - - - Dues & Subscriptions - - - - - Community Education - - - - - Travel - - - - - Outreach - - - - - Volunteer Expense - - - - - Total $ - 2013 Assemblies Functional Expenses Natural Expenses
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Identify all income sources and classify them accordingly Utilize professionals to assist in compliance Utilize accounting software ( Like Quick Books ) Ensure persons handling finances is knowledgeable 2 signatures on all Checks or approved memo signed by 2 members. 2013 Assemblies
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To check clubs status: http://www.irs.gov/Charities-&-Non- Profits/Automatic-Revocation-of-Exemption- List http://www.irs.gov/Charities-&-Non- Profits/Automatic-Revocation-of-Exemption- List Future Vision account name: The Rotary Club of ___________ TRF District Grants Account 2013 Assemblies
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