162: No, Not the Tomatoes! | Are Nonprofit Startup Costs Tax-Deductible Donations for the Founder?

So you've submitted your IRS application and you're anxiously awaiting the letter in the mail with their response. But what if it just… never comes?? Meghan and I tackle a listener question from a new nonprofit that did everything right – they got their tax-exempt status (yay!) but still can't find the actual letter. What do you do? Real Listener Question: "My org got approved as a 501(c)(3) according to the IRS bulk list for my state. But I never actually received the determination letter and it's not on the website. Is this common? I know that many grants ask for the actual letter, so I'm not sure what to do." Meghan and I break down what a determination letter is, why it might not have arrived yet, and what to do if you need a replacement (for any reason). What You'll Learn: What a determination letter is and why it matters for your nonprofit Why your letter might not have arrived even though your status is real How to use the IRS Tax Exempt Organization Search and what it actually shows When to wait it out vs when to request a replacement letter How to request a replacement determination letter from the IRS for free Bottom line: The IRS moves SLOWLY sometimes. You can request a new determination letter anytime, but remember that every new request is another filing that will take time to complete. Take a deep breath and be ready to wait. Resources from this Episode IRS Tax Exempt Organization Search tool: https://apps.irs.gov/app/eos/ Request a replacement determination letter from the IRS: https://www.irs.gov/pub/irs-pdf/f4506b.pdf Learn about the leadership fiasco at the IRS: https://birkenlaw.com/charity-therapy-podcast/ct139 Episode Transcript: https://birkenlaw.com/wp-content/uploads/2026/04/CT165_Transcript.pdf Connect with Us Jess Birken: https://www.linkedin.com/in/jessbirken/ Meghan Heitkamp: https://www.linkedin.com/in/meghan-heitkamp-829254115/ Listen & Engage Listen on Apple Podcasts | Spotify | YouTube | Amazon Music Rate & Review on Apple Podcasts: Click "Ratings and Reviews" then "Write a Review" Send us your nonprofit questions: https://birkenlaw.com/podcast/#podcast-story   Stay Connected Sign up for the Birken Law Email list: https://birkenlaw.com/signup/   Follow us on Facebook, Instagram, Twitter

So a nonprofit hires an Executive Director, skips all the onboarding, sets no goals, and now… wants to fire them. Yikes! I'm joined by Debbie Rabishaw, founder of HR consulting firm Next Step Advisory, to tackle a listener question that has more layers than an onion. A small nonprofit is in the middle of transitioning from a working board to a governing board, their new ED is getting mixed reviews, and some board members have already gone rogue. Things are messy, and Debbie and I have thoughts. Real Listener Question: "We hired a new executive director a year ago but didn't set any goals for her. A new evaluation committee sent out an anonymous staff survey and got mixed results, including some poor feedback. Now some board members want to demote her and split her role. I'm thinking of proposing a performance improvement plan, but we haven't documented any issues. What's the best way forward?" Debbie and I dig into what this board is actually dealing with, why the response feels disproportionate to the situation, and what good performance management actually looks like for a nonprofit's first employee. What You'll Learn: What the relationship between the board and Executive Director SHOULD look like Why you can't put someone on a PIP if you never set expectations in the first place How to course correct when things didn't start off the right way Why the board needs to look at its own responsibility before pointing fingers What anonymous stakeholder surveys can and can't tell you about performance Why employment law applies to your nonprofit no matter how small you are Bottom line: You can't hold someone accountable for expectations that were never set. Own your part, reset the compass, and give this hire a real chance to succeed. Resources from this Episode Learn more about Debbie at www.nextstepadvisory.us Previous Episode: Can a Religious Nonprofit Apply for Status with the IRS 1023-EZ Short Form?: https://birkenlaw.com/charity-therapy-podcast/ct163-religious-nonprofit-1023/ Episode Transcript: https://birkenlaw.com/wp-content/uploads/2026/04/CT164_Transcript.pdf Connect with Us Jess Birken: https://www.linkedin.com/in/jessbirken/ Debbie Rabishaw: https://www.linkedin.com/in/debbierabishaw/ Listen & Engage Listen on Apple Podcasts | Spotify | YouTube | Amazon Music Rate & Review on Apple Podcasts: Click "Ratings and Reviews" then "Write a Review" Send us your nonprofit questions: https://birkenlaw.com/podcast/#podcast-story   Stay Connected Sign up for the Birken Law Email list: https://birkenlaw.com/signup/   Follow us on Facebook, Instagram, Twitter

So you're a charity grounded in religious values. Does that make you a church in the eyes of the IRS? Meghan and I dig into a listener question that had me doing a genuine double take. A religious nonprofit submitted the 1023-EZ short form and got rejected because the IRS decided they were a church. What gives?! Real Listener Question: "The IRS rejected our 1023-EZ because they think we are a church, which would require the full 1023 form. But we are not a church. We are a religious organization. How do I fix the application to get them to accept our 1023-EZ?" Meghan and I break down the key difference between a church and a religious nonprofit, why the IRS treats them differently, and what this listener may have done wrong on their application. Plus you'll get a classic Jess Birken rant about why the IRS doesn't make any sense! What You'll Learn: How the IRS defines a church versus a religious nonprofit organization How churches file (or don't file) for their tax-exempt status How religious charities are treated differently than churches, mosques, temples, etc. The most common mistakes people make on the 1023-EZ that trigger a rejection How one wrong checkbox or one poorly worded sentence can get your application flagged How to fix your application and get it into the right bucket Bottom line: The IRS puts churches and religious nonprofits in different buckets. Knowing which one you are and how to say it on your application makes all the difference. Resources from this Episode See the eligibility worksheet for Form 1023-EZ: https://www.irs.gov/pub/irs-pdf/i1023ez.pdf File using our Do-It-Yourself 1023-EZ Tool: https://birkenlaw.com/diy-1023-ez Watch the Righteous Gemstones: https://www.hbomax.com/shows/righteous-gemstones/c3bd0a34-c4ce-4ca5-bd6c-820df7340671 Previous Episode: Are Nonprofit Startup Costs Tax-Deductible Donations for the Founder? https://birkenlaw.com/charity-therapy-podcast/ct162-nonprofit-startup-costs Episode Transcript: https://birkenlaw.com/wp-content/uploads/2026/03/CT163_Transcript.pdf Connect with Us Jess Birken: https://www.linkedin.com/in/jessbirken/ Meghan Heitkamp: https://www.linkedin.com/in/meghan-heitkamp-829254115/ Listen & Engage Listen on Apple Podcasts | Spotify | YouTube | Amazon Music Rate & Review on Apple Podcasts: Click "Ratings and Reviews" then "Write a Review" Send us your nonprofit questions: https://birkenlaw.com/podcast/#podcast-story   Stay Connected Sign up for the Birken Law Email list: https://birkenlaw.com/signup/   Follow us on Facebook, Instagram, Twitter

You scraped together your own money to start a brand-new nonprofit. You're out the money, but can you at least take a tax deduction? Meghan and I are back with a question from a new nonprofit founder who wants to know if the startup cash they put in before getting their 501c3 status counts as a tax-deductible donation. It's one of the most common questions we hear from new founders, and the answer involves a pretty handy IRS rule most people don't know about. Real Listener Question: "In June 2025, two friends and I created a housing placement nonprofit and each put our own money in to get it started. We earned our 501c3 status that September. Does that startup cash count as a tax-deductible donation even though it happened before our status was official?" Meghan and I break down the IRS backdating rule, the chicken-and-egg problem of nonprofit startup costs, and what founders need to know before they file their taxes. What You'll Learn: Why starting a nonprofit costs more than most founders expect The IRS backdating rule and how it protects early donors and founders What the 27-month window means for your tax-exempt status How founders can get reimbursed for the startup costs Why you can't take a deduction AND get reimbursed later Bottom line: Nonprofits are businesses, and businesses have startup costs. Know your options before you file, and don't double dip. Resources from this Episode Watch the C.H.U.D. trailer: https://youtu.be/iNq2yPGhv1w?si=-BIOh_iP-WCv_L0B Previous Episode: Why Recording In-Kind Donations Matters For Your Nonprofit: https://birkenlaw.com/charity-therapy-podcast/ct161-recording-inkind-donations Episode Transcript: https://birkenlaw.com/wp-content/uploads/2026/03/CT162_Transcript.pdf Connect with Us Jess Birken: https://www.linkedin.com/in/jessbirken/ Meghan Heitkamp: https://www.linkedin.com/in/meghan-heitkamp-829254115/ Listen & Engage Listen on Apple Podcasts | Spotify | YouTube | Amazon Music Rate & Review on Apple Podcasts: Click "Ratings and Reviews" then "Write a Review" Send us your nonprofit questions: https://birkenlaw.com/podcast/#podcast-story   Stay Connected Sign up for the Birken Law Email list: https://birkenlaw.com/signup/   Follow us on Facebook, Instagram, Twitter

Your nonprofit is doing real work, but do your financials show it? In this episode, Meghan and I tackle a listener question from a small nonprofit that's running into a big problem: their numbers don't match their story. The for-profit company supporting them pays for nearly everything, but none of that shows up on the books, and funders are raising eyebrows. Real Listener Question: "Our employees, office space, and equipment are all paid for by a for-profit company and donated to our nonprofit. Our financials make it look like we're barely doing anything. I've been tasked with finding major funders and the narrative just doesn't match the numbers. What do I do?" If your nonprofit receives donated goods, services, space, or time, this episode is for you. Meghan and I break down what in-kind donations are, why recording them matters, and how getting this right can completely change how funders see you. What You'll Learn: What counts as an in-kind donation and how to assign it a value How to record donated office space, employee time, and services on your books Why your financials need to tell the same story as your narrative How in-kind contributions can strengthen your grant proposals Why nonprofit bookkeeping is specialized and when to bring in the experts The one thing you should never do when valuing a donor's gift Bottom line: Your numbers tell a story whether you want them to or not. Make sure yours reflects the real work your nonprofit is doing. Resources from this Episode Learn about the value of volunteer time at Independent Sector: https://independentsector.org/research/value-of-volunteer-time/ Quickbooks for Nonprofits Facebook Group from Megan Genest Tarnow: https://www.facebook.com/groups/QB4NPs Previous Episode: Can Business Interruption Insurance Help Nonprofits Who Closed During ICE Raids? With Cody Wiswasser: https://birkenlaw.com/charity-therapy-podcast/ct160-nonprofit-business-insurance Episode Transcript: https://birkenlaw.com/wp-content/uploads/2026/03/CT161_Transcript.pdf Connect with Us Jess Birken: https://www.linkedin.com/in/jessbirken/ Meghan Heitkamp: https://www.linkedin.com/in/meghan-heitkamp-829254115/ Listen & Engage Listen on Apple Podcasts | Spotify | YouTube | Amazon Music Rate & Review on Apple Podcasts: Click "Ratings and Reviews" then "Write a Review" Send us your nonprofit questions: https://birkenlaw.com/podcast/#podcast-story   Stay Connected Sign up for the Birken Law Email list: https://birkenlaw.com/signup/   Follow us on Facebook, Instagram, Twitter

Your nonprofit closed its doors because of ICE enforcement or federal funding cuts. Is there an insurance policy that could actually help? Maybe, but the answer is a lot more complicated than you'd hope. In this episode, I'm joined by Cody Wiswasser, an insurance professional at Community Partners Insurance Group, to dig into my questions. With so much uncertainty hitting nonprofits right now, I needed to know whether business interruption insurance is something my clients should actually be thinking about. Here's the situation: Can nonprofits get business interruption insurance? Are closures for ICE raids or funding cuts covered? Cody breaks down how business interruption coverage works, what it actually takes to file a claim, and why the fine print in your policy matters. What You'll Learn: What business interruption insurance is and whether your nonprofit qualifies The difference between standard and standalone coverage When a closure actually triggers a claim and when it doesn't How your nonprofit's specific mission affects your coverage options Why you need to understand your coverage BEFORE filing a claim Bottom line: Insurance isn't a magic bullet, but it DOES matter for nonprofits. For nonprofits that qualify, business interruption coverage could be important for them. Resources from this Episode Learn more Community Partners Insurance Group at https://communitypartnersins.com Contact Cody for your insurance needs at [email protected] Which States Are In The Midwest? Get mad here: https://fivethirtyeight.com/features/what-states-are-in-the-midwest/ Previous Episode: Can You Use Your Retirement Funds to "Invest" In A Nonprofit? With Jeff Beck: https://birkenlaw.com/charity-therapy-podcast/159-invest-retirement-funds Episode Transcript: https://birkenlaw.com/wp-content/uploads/2026/03/CT160_Transcript.pdf Connect with Us Jess Birken: https://www.linkedin.com/in/jessbirken/ Cody Wiswasser – reach out at: [email protected] Listen & Engage Listen on Apple Podcasts | Spotify | YouTube | Amazon Music Rate & Review on Apple Podcasts: Click "Ratings and Reviews" then "Write a Review" Send us your nonprofit questions: https://birkenlaw.com/podcast/#podcast-story   Stay Connected Sign up for the Birken Law Email list: https://birkenlaw.com/signup/   Follow us on Facebook, Instagram, Twitter

Do you know someone eyeing their retirement accounts to fund their nonprofit dreams? We need to talk! In this episode, I'm joined by Jeff Beck, a wealth advisor at COE Financial Group, to tackle a listener question that had me equal parts fascinated and horrified. Real Listener Question: "My partner has a traditional IRA with about $100,000 in it. Can she invest that money in my 501(c)(3) without penalties? Do we need to set up a for-profit company for her IRA to invest in first? Are there IRS rules against her investing in something I founded and run?" Jeff and I dig into the mechanics of IRAs, self-directed accounts, and what the IRS actually allows when it comes to retirement funds and charitable giving. Spoiler alert: nonprofits DO NOT have shareholders so you can't "invest" in them and get a return! There are some serious red flags here, both on the legal side AND in this interpersonal relationship. What You'll Learn: Why you can't really "invest" in a nonprofit How giving to a nonprofit can benefit an individual's tax position What a self-directed IRA is and what you get to do with it One legitimate way to donate your IRA funds to a nonprofit tax-free Why getting "returns" on your contribution can put a nonprofit's tax-exemption at risk How you can financially hurt yourself when you're starting a new organization Bottom line: Using your (or your significant other's) retirement fund to set up your new business is probably NOT a good idea. Protect yourself, protect your partner, and please, let that IRA grow. Resources from this Episode Learn more about Jeff Beck at Coe Financial Group: https://www.coefinancial.com/ Previous Episode: How Nonprofits Can Find and Hire a Good Lawyer https://birkenlaw.com/charity-therapy-podcast/158-hiring-lawyer/  Episode Transcript: https://birkenlaw.com/wp-content/uploads/2026/03/CT159_Transcript.pdf Connect with Us Jess Birken: https://www.linkedin.com/in/jessbirken/ Jeff Beck – reach out at [email protected] Listen & Engage Listen on Apple Podcasts | Spotify | YouTube | Amazon Music Rate & Review on Apple Podcasts: Click "Ratings and Reviews" then "Write a Review" Send us your nonprofit questions: https://birkenlaw.com/podcast/#podcast-story   Stay Connected Sign up for the Birken Law Email list: https://birkenlaw.com/signup/   Follow us on Facebook, Instagram, Twitter

Finding a lawyer should not feel harder than solving the legal problem itself. And yet, here we are. In this episode, Meghan and I talk about something that comes up constantly in my nonprofit law practice: how nonprofit leaders and boards actually find a good lawyer and how to tell whether someone is the right fit. Real Listener Question: "I am a board member tasked with finding my small nonprofit a lawyer. I am trying to collect five options for the board to review and have the board interview each lawyer. I've prepared an RFP to get information from as many firms as possible. Is there anything else I'm supposed to do to make sure we did a fair search?" We dig into why hiring a lawyer is not the same as hiring other vendors and why an RFP is often the wrong tool for the job. We talk about common misconceptions nonprofits have about fairness, pricing, and process, and why trying to copy large institutions can backfire for smaller organizations. This conversation also pulls back the curtain on how lawyers actually work, what red flags to watch for, and how to avoid overcomplicating a decision that already feels overwhelming. What You'll Learn: How nonprofits typically find lawyers Why RFPs usually do not work for legal services What legal expertise actually looks like How pricing structures should be discussed Warning signs early in the relationship Why "cheapest" is not always best How to trust your gut while doing due diligence Bottom line: Hiring a lawyer does not require a perfect process. It requires clarity, trust, and a focus on finding someone who understands your nonprofit and can actually help you. Resources from this Episode Previous Episode: How Classy May Be Hurting Your Donor Relationships: https://birkenlaw.com/charity-therapy-podcast/ct157-classy-donor-acknowledgement/ Episode Transcript: https://birkenlaw.com/wp-content/uploads/2026/03/CT158_Transcript.pdf  Connect with Us Jess Birken: https://www.linkedin.com/in/jessbirken/ Meghan Heitkamp: https://www.linkedin.com/in/meghan-heitkamp-829254115/ Listen & Engage Listen on Apple Podcasts | Spotify | YouTube | Amazon Music Rate & Review on Apple Podcasts: Click "Ratings and Reviews" then "Write a Review" Send us your nonprofit questions: https://birkenlaw.com/podcast/#podcast-story Stay Connected Sign up for the Birken Law Email list: https://birkenlaw.com/signup/   Follow us on Facebook, Instagram, Twitter

Nonprofit newsflash - your donation platform might be quietly annoying your biggest donors 😬 In this episode, Meghan and I dig into some nonprofit LinkedIn drama sparked by a post from the one and only Eve Borenstein. Here's the situation: You gave a big donation, and you received an auto-generated donation receipt from the org's donation platform. The problem?  The gift acknowledgement letter and receipt are WRONG.   We break down why donor acknowledgement letters matter so much, what the IRS actually requires in those receipts for gifts over $250, and how automated systems can unintentionally damage donor trust. We also talk about the growing trend of for profit software companies promising to "handle everything" for nonprofits while missing critical compliance details. If you rely on online donation platforms, this conversation will likely make you rethink what you are outsourcing and what still needs human attention. What You'll Learn: What SHOULD be in your donor acknowledgement letters How bad receipts can create donor frustration Where donation platforms and tech solutions for nonprofits can fall short How automation can quietly hurt your donor retention Bottom line: Donor relationships are built on trust and gratitude. When your systems create friction instead of appreciation, even unintentionally, it can cost you future support and credibility. Resources from this Episode Listen to our past episode with Eve Borenstein here: https://birkenlaw.com/charity-therapy-podcast/ct104/ Read Eve Borenstein's LinkedIn post about Classy here: https://www.linkedin.com/posts/taxexemptlaw_so-annual-gripe-continues-last-week-activity-7412874086961541120-7bsN?utm_source=share&utm_medium=member_desktop&rcm=ACoAAAEjProBQJRvgNexcp-oDkRTlIoUrU5fW7Q Listen to our last episode with Ephraim about GoFundMe here: https://birkenlaw.com/charity-therapy-podcast/ct150/ Generate a good Gift Acknowledgement Letter here: https://birkenlaw.com/mg-document-app/gift-acknowledgment-letter/ Previous Episode: Can Nonprofits Give Tax-Free Money to People?: https://birkenlaw.com/charity-therapy-podcast/156-nonprofit-give-money/ Episode Transcript: https://birkenlaw.com/wp-content/uploads/2026/03/CT157_Transcript.pdf  Connect with Us Jess Birken: https://www.linkedin.com/in/jessbirken/ Meghan Heitkamp: https://www.linkedin.com/in/meghan-heitkamp-829254115/ Listen & Engage Listen on Apple Podcasts | Spotify | YouTube | Amazon Music Rate & Review on Apple Podcasts: Click "Ratings and Reviews" then "Write a Review" Send us your nonprofit questions: https://birkenlaw.com/podcast/#podcast-story   Stay Connected Sign up for the Birken Law Email list: https://birkenlaw.com/signup/   Follow us on Facebook, Instagram, Twitter

Nonprofits are tax-exempt, so lots of people assume that nonprofits don't have to worry about taxes ever. Right???? Well, not quite 😐 In this episode, Meghan and I dig into a question I hear all the time from people who want to help their communities but are confused about how nonprofit tax rules actually work. Real Listener Question: "I own a couple of restaurants and we have several events to raise money for certain causes. Usually the money goes toward a charity or a local group, but sometimes we'll do it for a community member who needs financial support. The problem we're seeing is that when we give money to an individual, it messes up their taxes for the year. My bookkeeper suggested starting a nonprofit since nonprofit money isn't taxed. What kind of nonprofit would do that for us?" Quick answer – nonprofit tax exemption does NOT mean that everyone can ignore taxes for any money coming from a nonprofit. Sorry to be the bearer of bad news! In this episode, we unpack what tax exempt status really means (and what it absolutely does not mean). We talk about why starting a nonprofit does not magically make money tax free, how the IRS views giving cash to individuals, and where well-intentioned advice can lead to trouble for nonprofits AND their constituents. What You'll Learn: What tax deductible actually means for donors Why nonprofits cannot fundraise for specific individuals How giving money to people is treated for tax purposes Why starting a nonprofit doesn't prevent you from all taxes What private benefit and step transactions are Why sometimes the best answer is simply to pay the tax Bottom line: Nonprofits aren't a magic bullet to absolve you of all tax complications. Usually, starting a nonprofit doesn't make your charitable activities easier – in fact, sometimes it's best just to continue on with the good deeds you already do. Resources from this Episode Previous Episode: What to do when a donor gifts harms more than helps: https://birkenlaw.com/charity-therapy-podcast/155-donor-gifts/ Episode Transcript: https://birkenlaw.com/wp-content/uploads/2026/01/CT156_Transcript.pdf Connect with Us Jess Birken: https://www.linkedin.com/in/jessbirken/ Meghan Heitkamp: https://www.linkedin.com/in/meghan-heitkamp-829254115/ Listen & Engage Listen on Apple Podcasts | Spotify | YouTube | Amazon Music Rate & Review on Apple Podcasts: Click "Ratings and Reviews" then "Write a Review" Send us your nonprofit questions: https://birkenlaw.com/podcast/#podcast-story   Stay Connected Sign up for the Birken Law Email list: https://birkenlaw.com/signup/   Follow us on Facebook, Instagram, Twitter