123: Take Off Those Donor Goggles | What to Do When Your IRS 1023 Application is Pending
Release Date: 10/17/2024
151: Give Mark Your Crap! | When a PEO is a Good Fit for Your HR Needs with Mark Bromberg
Charity Therapy
Nonprofit HR can be messy — but it doesn’t have to be. Let’s talk about when it’s time to call in reinforcements (and what “reinforcements” actually look like). I sat down with Mark Bromberg, a Business Performance Advisor at Insperity and one of my favorite people to send clients to when HR headaches start taking over. We dug into what PEOs (Professional Employer Organizations) really do — and when they make sense for nonprofits. Real Listener Question: “Our professional association has seven employees. We’re losing our CEO soon, and our board wants to consider...
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150: All Press is Good Press? | GoFundMe Creates 1.4M Nonprofit Donation Pages Without Consent with Ephraim Gopin
Charity Therapy
What happens when a for-profit giant “helps” nonprofits without asking first? Spoiler: chaos, confusion, and a lot of angry fundraisers. In this episode, I sat down with my good friend and fundraising pro, Ephraim Gopin of 1832 Communications, to unpack the wild story of GoFundMe auto-creating donation pages for 1.4 million nonprofits — without their consent. Real Listener Question: “What do we do if our nonprofit suddenly has a GoFundMe page we didn’t create? Is that even legal?” When news broke that GoFundMe scraped IRS data to create “official” donation pages for nonprofits,...
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149: Um, Actually... | How Many Times Should a Nonprofit Board of Directors Meet?
Charity Therapy
If your board hasn’t met in ten months, that’s not just awkward — it’s a big problem. In this episode, Meghan and I dive into a basic (but often overlooked) part of nonprofit governance: how often a board needs to meet, and what happens when it doesn’t. Real Listener Question: “My wife joined the board of a small arts nonprofit, but they haven’t met once in ten months. The executive director sends quarterly updates by email — that’s it. Is that legal?” A board that never meets isn’t really a board — it’s a liability. Meghan and I talk about what state laws and bylaws...
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148: Type A Personalities Unite! | When Nonprofits Should (Or Shouldn't!) Use PEOs for Their HR with Jess Holst
Charity Therapy
Think a PEO will solve all your nonprofit’s HR headaches? Not so fast — the fine print might surprise you. In this episode, I’m joined by HR consultant Jess Holst from to answer a listener’s question about whether a professional employer organization (PEO) is the right solution for their growing nonprofit. Real Listener Question: “We’ve grown from four employees to nearly twelve. I’ve been handling payroll and HR myself, but it’s becoming too much. A board member suggested a PEO, but it feels too good to be true. Should we do it?” PEOs get sold as a one-stop HR solution, but...
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147: Keep Doing You, Boo | Are Nonprofit DEI Initiatives Illegal? With Guest Megan Fuciarelli
Charity Therapy
Worried your nonprofit’s DEI programs might be illegal now? You’re not alone — and I can bet you won’t be able to find the right answer on social media. In this episode, I’m joined by Megan Fuciarelli from US2 Consulting to dig into what the latest EEOC guidance actually means for nonprofits trying to foster inclusion. Real Listener Question: “My nonprofit has employee resource groups (ERGs) for LGBTQ+, Latinx, Black, and AAPI staff. They’re popular, but I heard the EEOC says they might count as discrimination now. Do we need to shut them down, or is there a way to keep them...
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146: Groaning & Moaning | Why Record Retention & Data Management Systems Matter for Nonprofits
Charity Therapy
Think your nonprofit’s old emails and files are harmless? Think again. What you keep — and what you don’t — could save or sink your organization. It’s Jess Birken here, and I’m back with my co-host Meghan tackling a topic that sounds boring but is way more important than you think: data retention policies and how they protect your nonprofit. Real Listener Question: “I work at a nonprofit that serves trans youth. If the government starts targeting nonprofits, what can we do now to prepare and protect our data?” If your organization collects sensitive participant info, donor...
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145: Astronauts vs. Scuba Divers | Can You Convert a Failing Business Into a Nonprofit?
Charity Therapy
If your business is struggling, can you save it by turning it into a nonprofit? Short answer: probably not. It’s Jess Birken here, and I’m back with my co-host Meghan tackling a super common question from business owners who think running a nonprofit might be an easier path. Real Listener Question: "I'm an instructor at a small figure skating school. It's been around for 30 years, but we're not making ends meet. The current owner doesn’t want to run it anymore. Can we convert it into a nonprofit so we don’t have to make a profit or have an owner?" We hear this one a lot. A business...
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144: Pretending It's 1995 | Breaking Down the IRS Changes for 501(c)(3) Status for Churches
Charity Therapy
Have you heard? The IRS just gave churches the green light to endorse political candidates. It’s Jess Birken here, and I’m back with my co-host Meghan to dig into a recent IRS policy change that could shake up the nonprofit and political landscape. Real Listener Question: Not a listener question this time — Meghan brought the heat herself: “Did the IRS really just say churches can endorse political candidates from the pulpit? What does that mean for everyone else?” This episode covers some breaking nonprofit news (well, as breaking as it gets around here). The IRS just shifted...
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143: Anonymized Juicy Gossip | What Happens If You Don't Do the Nonprofit Filings?
Charity Therapy
What would you do if you inherited a nonprofit… with 20 years of missing paperwork? It’s Jess Birken here, and I’m back with my co-host Meghan to dig into one of the messiest listener questions yet. A nonprofit has been operating off the radar for decades, and it's time to figure out what happens next. Real Listener Question: "I just took on the treasurer role for a family nonprofit, but nothing’s been filed since 2005. The bank account is still under the name of a deceased board member. I’m wondering if I should just start over with a new nonprofit. Is that even possible?" This kind...
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142: Someone Get Me a Flux Capacitor! | What Happens When Your Nonprofit IRS Status is Revoked
Charity Therapy
Your nonprofit's 501(c)(3) status just got revoked – now what? Don't panic! Your organization still exists, but here's what you need to know. It's Jess Birken here, and I'm back with co-host Meghan to tackle one of the most common (and scary-sounding) nonprofit disasters: losing your tax-exempt status. Real Listener Question: "Our 501(c)(3) was revoked last year, and we have a community cleanup event coming up. Can we still do this event? Are we open to more liability?" We're breaking down the biggest misconception about revoked tax status – your nonprofit doesn't disappear when you lose...
info_outlineIn this episode of Charity Therapy, my co-host Meghan and I are answering one of the top questions we get - what happens while an org’s nonprofit tax exempt status is pending?
We know that the IRS application process for 501(c)(3) status can feel like climbing a mountain in flip-flops, so we're here to break it down for you. We'll chat about the differences between the 1023-EZ form and the full 1023, and give you the lowdown on processing times and eligibility requirements. Plus, we'll answer a listener's burning question about whether you should wait for IRS approval before getting your nonprofit up and running. Spoiler alert: you don't have to just twiddle your thumbs!
But let's be real, starting a nonprofit isn't just about paperwork. It's about passion, community, and making a difference. We'll share some laughs and maybe a few zany stories as we explore the importance of community support in spreading your nonprofit's mission. We'll also talk about how you can start building those vital connections and getting things moving, even while you're waiting for that IRS letter to show up in your mailbox.
Finally, we'd love for you to join our growing community. Share this episode with your friends, hit that subscribe button, and don't forget to rate and review us. It really helps more people find us and get the support they need. And hey, if you've got a story or a question, reach out to us online. We're eager to hear from you and keep this conversation going. Thanks for being part of our journey into the world of nonprofits—you're not alone in this, and we're cheering you on every step of the way!
In this episode, you will hear:
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The real differences between the 1023-EZ and the full 1023 form—quick snack vs. full-course meal for your nonprofit!
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How long it’ll take for the IRS to review your application
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What you can and can’t do after you file the application
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How to stay out of trouble before your letter comes in the mail
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What to tell donors when you’ve applied but haven’t gotten your status yet
Resources from this Episode
Check out Next in Nonprofits: www.nextinnonprofits.com
Sign up for the Birken Law Email list: birkenlaw.com/signup
Facebook page: www.facebook.com/birkenlaw
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Episode Credits
If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.