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Published bySybil Nelson Modified over 8 years ago
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Legal and Tax Aspects Tim DavidsonErika Trujillo Marilyn JacobsCheryl Martin
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Part 1: PTA as a Nonprofit Public Charity Part 2: Funding the PTA Part 3: PTA as an Exempt Organization Part 4: Paying Workers Part 5: Accountability to Donors Legal Concerns
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Part 1 PTA as a Nonprofit Public Charity
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California Corporations Code Section 5000 Organized for Charitable Purposes Limited legislativey Part 1: PTA as a Nonprofit Public Charity No political activity Incidental private benefit; no inurement
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Part 2 Funding the PTA
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Unrelated Business Income Taxation Unrelated business revenue is taxable Part 2: Funding the PTA Advertising revenue is taxable
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Avoiding UBIT: Sell donated merchandise Part 2: Funding the PTA Substantially all help is donated Activity is not carried-on regularly Activity is related to PTA purposes
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Sponsorships An “acknowledgement” is okay Part 2: Funding the PTA Advertising is not okay
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Gambling Register annually with Gaming Control Part 2: Funding the PTA Pay fee ($100) One event per calendar year 90% of revenue goes directly to NPO See handout for other rules
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Alcohol No alcohol on a school campus Part 2: Funding the PTA No PTA funds to buy alcohol PTA may not buy, sell or serve Auctioning donated bottles of wine OK
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Part 3 PTA as a Tax-exempt Organization
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Part 4 Paying Workers
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13 “Contractor” vrs. “Employee” (per IRS) Paying for a School Staff Position Paying a Contractor Paying an Employee Paying Workers
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PTA is a Volunteer Organization First Option = Ask for volunteers Paying Workers
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“Contractor” vrs. “Employee” “Control” vrs. “Independence”
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Employees: Contractors: teacher; aid; staff; accountant speaker; event expert; sitter Paying Workers
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Paying a contractor 2. Certificate of Insurance 1. W-9 3. 1099-MISC Paying Workers
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Do NOT hire an employee 2. Personal Income Tax 1. Register with State EDD 3. State Disability Insurance Paying Workers
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Paying an employee 5. Unemployment Insurance 4. Employment Training Tax 6. Payroll Tax Deposit Paying Workers
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Paying an employee 8. Social Security 7. Federal Income Tax 9. Medicare Tax Paying Workers
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How to pay for a school staff position? Do Not Hire Employees! Paying Workers
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Paying for a school staff position 1. Deposit funds with the school district 2. Fiduciary Agreement form Paying Workers
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Summary 1. Ask for volunteers Paying Workers
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Summary 2. Paying a contractor * Certificate of Insurance * W-9 * 1099-MISC Paying Workers
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Summary 3. Don’t hire an employee * Fiduciary Agreement * Gift funds to district Paying Workers
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Part 5 Accountability to Donors
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PTAs must give a receipt for every cash donation Accountability to Donors
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“In kind” donations Accountability to Donors $250 = list the items
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“Quid pro quo” donations Accountability to Donors $75 = quantify the value and how received
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Charity Solicitation Disclosure Law Accountability to Donors must use the donation for the intended purpose “Fiduciary Agreement” form
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illegal use of charitable funds Accountability to Donors diversion from intended purpose false or misleading solicitations Attorney General Concerns
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Member participation in decision-making Accountability to Donors Transparency to members Best Practices
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