Most nonprofit organizations are required to submit a federal tax filing for their first partial or short tax year even if their tax-exempt status has not yet been approved, but there is no monetary penalty for failure to file if the organization qualifies to file the Form 990-N (e-postcard). Nonetheless, it is usually prudent to file Form 990-N for the first tax year anyway.

It is well-known that Board members are subject to fiduciary duties in their oversight and decision-making role, among other rules that apply to nonprofit organizations. However, the practical reality of how these requirements are scrutinized, applied, and enforced is less understood. This article provides a brief overview of some common ways that Board decisions and actions could be challenged in court.

In-person meetings and events are completely different animals from virtual meetings and events and that difference needs to be recognized and respected. In-person and virtual formats work best when they are exclusive and not combined into a “hybrid” format. While hybrid meeting and event formats may be used occasionally in response to unexpected disruptions, they should not be viewed as the new normal or a long-term option for the future.

The chief executive of a nonprofit organization usually has the primary responsibility for managing staff and human resources issues, including the development and implementation of most employee handbook policies. With some exceptions, nonprofit Boards are not expected to review and approve staff policies, but the Board’s oversight role includes a duty to take reasonable steps to confirm these policies are in place and updated periodically.

As the default format for Board and committee meetings has shifted to a virtual platform, nonprofit organizations must be careful to not let these regularly recurring governance meetings become stale and boring. It is time to freshen up these virtual governance meetings with a renewed focus on the smart use of time, attendee satisfaction, and maximizing impact and engagement.

While the Corporate Transparency Act (“CTA”) exempts most tax-exempt organizations from the requirement to file beneficial ownership information (“BOI”) reports, there has been some confusion about whether these exemptions apply to new organizations that were just recently formed. A careful reading of the CTA statute and regulations strongly suggests that most newly formed nonprofit organizations are exempt from the BOI reporting requirements, even if their tax-exempt status has not yet been formally approved by the IRS.

Business or “fee-for-service” revenue can be an important source of unrestricted funds for a well-rounded nonprofit organization. However, many organizations are hesitant to engage in commercial activities due to worries about the unrelated business income tax (“UBIT”). A basic understanding of UBIT fundamentals can alleviate these fears and help organizations to make better, more confident decisions about their business activities.

Providing monthly Board reports that include financial reporting and progress updates is an established best practice, and this is especially recommended during periods of change and for organizations whose Boards meet quarterly or less frequently. However, CEOs and Executive Directors must be thoughtful about the frequency and their method of communicating with the Board. Providing updates more often than monthly is usually only recommended in unusual situations.