Author Archives: Jay Butchko
EZ Does It, or Not: The New Form 1023-EZ for Nonprofits
Achieving tax-exempt status as a 501(c)(3) nonprofit organization has always been an arduous process, with numerous checks and double-checks built in by the Internal Revenue Service to prevent the fraud that the nonprofit sector seems to attract. Now the IRS has taken a major step to streamline the process, but not everyone is thrilled… Read More »
Legal Alert: Court of Appeals Dismisses Atheist Group’s Challenge to Ministerial Housing Allowance
This time last year, a federal judge in Wisconsin ruled that the ministerial housing allowance, which gives ministers a tax break on funds they receive from their congregation for use on housing, was unconstitutional. Co-presidents of the atheist organization Freedom from Religion Foundation (FFRF) brought the lawsuit, claiming that the law is discriminatory and… Read More »
Am I Giving Away the Church This Christmas?
Historically, churches have been a source of relief for the needy in their congregation and their community at large. Any movie set in Medieval Europe will almost certainly contain a church scene with a friar or monk seeking “Alms for the poor!” One of the primary missions of the early church was to help… Read More »
End of Year Donations: The Gift that Keeps on Giving?
Although the holidays are a time of rest for most, churches and non-profits often kick into over-drive during this season. The last two months of the year are prime times to connect with donors and potential donors who only have until December 31st to give away money and claim a tax deduction. As your… Read More »
Successful Church Assimilation of Sex Offenders
In a recent survey of nearly 3,000 church leaders, an overwhelming number said they believe churches should welcome known sex offenders, despite their criminal pasts. Nearly 80 percent said sex offenders should belong to a church, while only 3 percent thought they should be completely excluded, according to the “Sex Offenders in the Church”… Read More »
Why Non-Profits Should Regularly Assess Risk
Did you know that your organization may be at risk? Organizations face a myriad of unexpected situations that can either promote their success or leave them vulnerable. Non-profit organizations are no exception and should employ risk management strategies to judge the likelihood, severity and effects of potential liabilities. If your organization would like to… Read More »
“Go Out to All the Nations,” But Sign This Waiver First
Do liability waivers for minors on mission trips actually protect your church? Youth mission trips are a ministry of many churches and nonprofits across the country. Every year, thousands of young people travel to destinations across the state, country, and even the globe. Before the plane takes off or the bus pulls away, most,… Read More »
Legal Audit Checklist for 2015
Numerous laws governing non-profit activities, management, and internal policies make non-profit corporation law a legal minefield. Setting off any one of these metaphorical mines can have catastrophic effects on the viability and legitimacy of your non-profit organization. Legal audits are invaluable tools which can be utilized to manage risk and ensure legal compliance with… Read More »
Four Considerations for Managing Your Non-Profit Board
The non-profit attorneys from Simms Showers discuss the management of a non-profit or a church and its board. Serving as the chairman of a non-profit or church organization can be a truly rewarding experience; however, every leadership position comes with its own fair share of difficulties. One of the most labor-intensive responsibilities is managing… Read More »
Ways for Churches to Approach Same-Sex Marriage
On June 26, 2013, the Supreme Court handed down two landmark decisions involving same-sex marriage. Because of these decisions, the federal definition of “marriage” can no longer exclude same-sex couples who were legally married under state law. Similarly, this summer the Supreme Court is expected to review four same-sex marriage cases which may definitively… Read More »