ASAE Weekly Bulletin - 11/02/2004
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Public Policy Update
IRS Mails ‘Large Number' of Delinquency Notices to Exempt Groups
As part of its efforts to ramp up enforcement, the Internal Revenue Service (IRS) announced recently that it has mailed a “large number” of delinquency notices to exempt organizations that did not file returns this year.
These delinquency notices (either CP 411 for first notices or CP 414 for second notices) are sent four to five months after a return is due, if an organization has not filed a required return or an application for a filing extension. The initial notice gives organizations three options for responding: 1) demonstrate that it has filed the return; 2) file the return; or 3) indicate sufficient reason for not filing. If an organization does not respond to the second notice, the IRS may begin collection efforts.
You may direct your technical and procedural questions concerning charities and other nonprofit organizations to IRS Tax Exempt and Government Entities Customer Account Services at 877-829-5500. The call center is open 8 a.m. to 6:30 p.m. Eastern Time.
Per recommendations made this summer by the IRS’ Advisory Committee on Tax- Exempt and Government Entities (ACT), the agency is considering making electronic filing of Form 990 mandatory for organizations with assets and/or annual revenue over a certain amount, as there is a general sense that this may speed up the filing process and cut down on the number of delinquent returns.
ASAE is Concerned About the Impact of the Senate Governance Review on Trade Associations
At the request of Senate Finance Committee Chairman Chuck Grassley (R-IA) and ranking Democrat Max Baucus (D-MT), Independent Sector has recently convened a panel of nonprofit groups to provide recommendations on issues related to governance, transparency and financial accountability, nonprofit oversight, and the legal framework for regulating charities and foundations.
The Finance Committee asked that the panel provide a report of its initial findings and recommendations by February 2005 and a final report in the spring of 2005. The panel is composed of 25 nonprofit and philanthropic leaders from a wide spectrum of public charities and private foundations from all parts of the country.
ASAE President and CEO John H. Graham IV, CAE, sent a letter to Senate Finance Chairman Grassley last week expressing concern for how any findings or recommendations regarding charities and foundations might impact other nonprofit organizations, particularly trade associations granted 501(c)(6) status.
Grassley said in a statement on Oct. 6 that he plans to continue reviewing legislative proposals to curb a wide range of abuses in the charitable arena, including charities used as tax shelters for corporations and charitable board members steering business to their private firms. The committee is considering a 19-page staff discussion draft of proposed legislative reforms, first released at a June hearing at which a number of nonprofit leaders, including ASAE’s Graham, submitted testimony.
In his Oct. 25 letter to Grassley, Graham urged the committee to consider unintended consequences for other exempt organizations as it moves toward drafting legislation and to continue to use ASAE as a resource in their deliberations.
For more information on public policy issues, visit the public policy section of the ASAE Web site at www.asaenet.org.
Question of the Week — Changing Job Titles and Dealing with a Difficult Board Member
Do you have any information on changing job titles and dealing with a difficult board member?
http://www.asaenet.org/asae/cda/ammag/1,3146,PID19157_PREmember,00.html
"Facing Up to Board Conflict," Association Management, April 2003
http://www.asaenet.org/asae/cda/ammag/1,3146,PID21133_PREmember,00.html
CEO to CEO: Dealing with Non-functioning Board Members," Association Management, January 2003
http://www.asaenet.org/asae/cda/index/1,1584,PID15236_PREmember,00.html
"Dealing with an Uncooperative or Hostile Board Member," Association Management, March 2000
http://www.asaenet.org/asae/cda/index/1,1584,PID10451_PREmember,00.html
"Bringing a Board Member into Acceptance of a Decision They Strongly Disagree With," Association Management, July 1998
For information on changing job titles, see the the ASAE Executive Management Section listserver. Log in as a member on the ASAE Web page: www.asaenet.org, click "Networking Opportunities," in the drop down box choose "Listservers," on the Listservers page click "Go to Lists." Scroll down and click "Executive Management Section." Click "visit execsec without joining." Then type "titles" in the search box. You will find several lengthy discussions, including one on creative titles. You might also wish to post your own question to get other responses from members.
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Online: www.asaenet.org/ammag
Phone: 888-950-ASAE; 202-371-0940
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ASAE Expands Retirement Plan for Associations
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November 4–5, 2004
Marriott Learning Complex, The Ronald Regan Building–Washington, DC
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November 9–10, 2004
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February 13–15, 2005 Phoenix, AZ
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For more information or to contact us directly, please visit www.ASAEnet.org
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