Blog.
Most Recent Posts
Q&A #48 – Are nonprofits that received PPP funds eligible to receive employee retention credits?
The Consolidated Appropriations Act of 2021 (P.L. 116-260), which was signed into law on December 27, 2020, included a significant expansion of the employee retention credit (ERC), so it is true that your organization may indeed be eligible to receive both Paycheck Protection Program (PPP) loan forgiveness and ERC. However, there are important limits nonprofits that received PPP funds must be aware of.
Repositioning for the Long Road of Recovery
We are on the doorstep of one year into a pandemic that no one saw coming. Nonprofits of all shapes and sizes had to move rapidly to respond to unexpected disruptions. Capacity, operations, and funding all were impacted and impacted quickly. As we watch mass vaccination centers come on-line and COVID-19 safety restrictions starting to be lifted, we can begin to look ahead to the long road of recovery and dream about the new normal somewhere in the future.
Q&A #45 – What donor incentives were included in the COVID-19 relief legislation that was enacted in December 2020?
You are referring to the Consolidated Appropriations Act of 2021 (P.L. 116-260), which was signed into law on December 27, 2020. In addition to many other provisions (the law is over 5,000 pages long), there are three main donor incentives: (1) the reestablishment (and slight modification) of the $300 “above the line” charitable deduction; (2) the extension of increased limits on deductible contributions for corporations and individuals who itemize; and (3) a special increased deduction limit for certain disaster relief contributions made by corporations.
To Plan for 2021, We Have to Learn How to Recognize People’s Uncertainty
This December is different from all others. We have the familiar ritual looking ahead and embracing the anticipation of how the next year will play out. But COVID-19, the expanded attention on correcting social injustices, and other events of 2020 have introduced unprecedented new challenges into this end-of-year planning process.
Q&A #13 – What are the eligible expenses that EIDL funds can be used for?
There are some important restrictions on the permissible uses of Economic Injury Disaster Loan (EIDL) funds, especially for organizations that have received a PPP loan.
Q&A #12 – What is the deadline to submit the application for PPP loan forgiveness?
There is not one hard deadline that applies to all organizations. For practical purposes, you want to submit the PPP loan forgiveness application before any repayments are due (though you should keep a close eye on whether your lender has their own requirements about when loan forgiveness applications must be submitted).
Q&A #11 – Can my 501(c)(6) organization get in trouble for receiving a PPP loan?
Yes, there are risks for accepting a Paycheck Protection Program loan when the organization was not eligible to receive it. It is clear from the text of the CARES Act statute and from prior SBA guidance regarding eligibility for the “Section 7(a)” loan program (of which the PPP is one type) that the only nonprofit organizations eligible for PPP loans are 501(c)(3) and 501(c)(19) organizations. I do not see a credible argument that any other types of nonprofits (such as 501(c)(6) organizations) were ever eligible to receive a PPP loan.
Q&A #8 – Should my organization create a separate bank account for PPP funds?
The answer is that you do not need a separate bank account to hold PPP funds. Having a separate bank account for PPP funds is not required and not particularly helpful. Your main priorities should be proper and concise documentation of eligible transactions, which can be achieved just as well through good accounting practices and processes.
Setting Up a COVID-19 Task Force is a Proactive Strategy
Through many conversations with clients and colleagues, and feedback from participants in my webinars and podcasts, I have found that nonprofit organizations are significantly benefiting from setting up a task force to help respond and react to the many issues and disruptions related to the COVID-19 crisis.
Top 10 Legal Action Items for Nonprofits in Light of COVID-19
While the usual legal compliance issues affecting nonprofit organizations (tax compliance, corporate governance, privacy issues, charitable solicitation registration, etc.) have not gone away, the massive wave of new legislation passed in response to the pandemic has made adapting to these new circumstances the number one legal priority for all nonprofits.
Q&A #1 – Can my nonprofit raise money to help people affected by COVID-19?
Yes, this is generally something that a 501(c)(3) public charity can do so long as proper processes are followed. This is similar to the “benevolence funds” that are often established by churches, community foundations, and other similar types of publicly supported nonprofit organizations.