Independence Disclosure Challenges With Form 990

Navigating Reporting Rules for Directors, Transactions and Compensation Amid Intense IRS Scrutiny

Recording of a 110-minute CPE webinar with Q&A

Conducted on Thursday, June 13, 2013

Recorded event now available

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Program Materials

This teleconference will focus on important and much-watched non-profit independence disclosures on Form 990 and its schedules, against a backdrop of heightened oversight by IRS auditors—and by donors, lenders and the marketplace.

Description

Meanwhile, the IRS wants more relationships reported on Schedule L for the 2012 tax year, and instructions for Schedule R have been revised in key ways. Consideration in New York of a tougher charity board independence law, modeled after California's, also raises issues entwined with Form 990 filing.

With independence of directors and non-profit execs, and of outside business relationships, under the microscope as never before, advisors to non-profits must stay skilled and familiar with how to complete the current sections and schedules on independence, and keep pace with key state law developments.

Listen as our panelists bring perspective to the current marketplace emphasis on non-profit independence and offer insights on forthrightly reporting on the appropriate parts of Form 990.

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Outline

  1. Factors behind the push for stronger independence by non-profits
    1. Role played by federal auditors
  2. Where Form 990 requires reporting of independence
    1. Part VI on governance, management and disclosures
    2. Part VII on compensation of officers, directors and key employees
    3. Schedule L changes for 2012 tax year
      1. New reporting of relationship between disqualified person and filing organization
      2. Reporting purpose of loan between interested person and filing organization
      3. Reporting purpose of grants and other assistance to interested persons
    4. Schedule R changes for 2012 tax year
      1. Revised instructions clarify VEBA reporting
      2. Named beneficiaries and determinable interests
      3. Additional examples of "indirect control"
  3. Meaningful developments in state law
    1. Influential California law on non-profit director independence
    2. Proposed revisions to New York non-profit law to improve director independence
  4. Practical current scenarios involving reporting of independence on Form 990

Benefits

The panel will explore important topics such as:

  • Why is independence of non-profit leadership and business relationships such a high-profile topic right now?
  • Which questions on Parts VI and VII of the main Form 990, and on Schedules L and R, are most closely watched by IRS auditors?
  • Where is the line drawn between proper compliance and disclosure of too much information involving directors and transactions?
  • How do evolving and tougher state laws on charity independence influence Form 990 disclosures?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

Candice Meth
Candice Meth
Senior Manager
EisnerAmper

She is assigned to the firm's Not-for-Profit Services Group and works frequently with clients' filings of Form 990 and...  |  Read More

Richard Ruvelson
Richard Ruvelson
Principal
Green Hasson Janks

He has nearly 30 years of experience in providing tax services to non-profit clients, ranging from colleges and...  |  Read More

John Panetta
John Panetta
Tax Shareholder, Non-Profit Services Group
Burr Pilger Mayer

He has more than 20 years of experience providing tax and business consulting services to exempt organizations. His...  |  Read More

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