Charity Therapy

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

You're getting donations for a nonprofit – and that's great! But sometimes generosity comes with strings you never expected. In this episode, Meghan and I dig into the wild world of donor gifts and why nonprofits need clear guardrails to protect themselves from gifts that actually hurt the nonprofit. Real Listener Question: "We have a donation button on our website where people can give online and set up recurring donations for monthly contributions. A few weeks ago, someone set up a daily 50 cent donation. Our accountant looked into it and is saying that it's not fraud or anything like that, but it just seems really silly. Our payment processor takes $0.30 out per transaction plus a merchant fee, so we're getting next to nothing on these donations. What do I do?" This tiny daily gift opens the door to a much bigger conversation about gift acceptance policies and the hidden costs of donations. Meghan and I talk through the drawbacks, the admin time, the donor relationship dynamics, and the surprising ways well-intentioned gifts can actually drain your resources. We also break down how to set minimums, how to talk to donors with compassion, and how to avoid getting stuck with gifts that cost more than they give back. What You'll Learn: Why every nonprofit needs a gift acceptance policy How to know when a gift creates more harm than helps The hidden administrative costs behind every single donation Ways to set smart donation minimums How to redirect donors without damaging the relationship Why saying no is actually part of stewardship How to prepare for unusual gifts before they show up Bottom line: Not every gift is a positive thing for a nonprofit. Sometimes you need to say no and guiding donors toward giving that truly supports your mission. Resources from this Episode Generate a Gift Acceptance Policy here: https://birkenlaw.com/mg-document-app/gift-acceptance-policy/ For the others who aren't Gen-Xers, Night at the Roxbury: https://youtu.be/HwVh8pmOot4?si=2v3D5MAKXDFGteT_ Previous Episode: What is a Nonprofit Audit with Hannah Hugen: https://birkenlaw.com/charity-therapy-podcast/ct154-nonprofit-audit-hannah-hugen/ Episode Transcript: https://birkenlaw.com/wp-content/uploads/2025/12/CT155_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

Think an audit is something to fear for your nonprofit? I get it! But what if it's actually a powerful tool for growth? In this episode, I sit down with nonprofit auditor Hannah Hugen from Abdo to unpack what an audit really is and why it's not nearly as scary as it sounds. Real Listener Question: "We filed the 1023-EZ and said we'd stay under $50K… but now a funding opportunity would push us past that. Will the IRS audit us? Should we say no to the money?" Hannah and I dig into what an audit actually involves, what the IRS does (and doesn't) care about, and how nonprofits can prepare for growth without panicking. We also talk through the "scary myths" that float around new organizations and the real steps you can take now to avoid future chaos. If you've ever wondered what auditors look for, how to document properly, or what GAAP even means, this conversation breaks it down in plain English. What You'll Learn: What a nonprofit audit actually is When the IRS might look at your organization and why it's not as dramatic as rumors imply How to show good-faith financial projections from your 1023-EZ Why documentation habits will save your future self The difference between cash and accrual accounting Practical steps to get audit-ready even if you're small Bottom line: You don't need to fear audits — you just need systems, clarity, and good habits. Your nonprofit deserves room to grow, and the right preparation makes that growth possible without being overwhelmed. Resources from this Episode Understanding Cash vs. Accrual Accounting: https://youtu.be/5tSI1IPBVWk Internal Controls 101: https://birkenlaw.com/blog/internal-controls-101/ Connect with Hannah on LinkedIn: https://www.linkedin.com/in/hannah-hugen-b0045a1b5/ Learn about Abdo: https://abdosolutions.com/ Previous Episode: How to Fix the Culture of Overwork at Your Nonprofit with Rachel Platt https://birkenlaw.com/charity-therapy-podcast/ct153/ Episode Transcript: https://birkenlaw.com/wp-content/uploads/2025/12/CT154HH_Transcript.pdf Connect with Us Jess Birken: https://www.linkedin.com/in/jessbirken/ 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-st Stay Connected Sign up for the Birken Law Email list: https://birkenlaw.com/signup/   Follow us on Facebory  ook, Instagram, Twitter

If your team is exhausted, overwhelmed, and constantly working nights and weekends, you might be dealing with more than a scheduling issue. You might be dealing with a culture problem that is hurting your mission. In this episode, I invited my friend and people strategy expert Rachel Platt of Plattinum Consulting to talk with me about the hidden issues inside nonprofit overwork and what it really takes to build a sustainable organizational culture. Real Listener Question: I'm a new staff member, and everyone at this nonprofit works tons of overtime without being paid (as hourly employees). The ED works all the time, and the team is drowning under an unspoken expectation to always be on. How do we fix it?? In this conversation, Rachel and I dig into what overwork actually signals inside a nonprofit, why compliance and culture go hand in hand, and how leaders can unintentionally create burnout without ever meaning to. We also talk about the uncomfortable truth that many nonprofits have normalized unhealthy habits in the name of "the mission," and why that approach backfires every time. We share practical ways to reset expectations, open the right conversations, and rebuild trust without blame. You might hear some things that feel familiar, because almost everyone in the sector has lived some version of this. What You'll Learn: The first steps to take when your team is chronically overworking How leadership habits shape culture more than policies Why "mission passion" cannot replace fair compensation or boundaries What you can and cannot ask hourly staff to do Simple tools that help reset norms around urgency and availability How to start culture change when you're the new person on the team Why clarity, consistency, and modeling healthy behavior matter Bottom line: Your people are how your mission gets done. If they are burning out, you are losing capacity, trust, and impact. A healthier culture is possible, but it starts with honest conversations and leadership modeling the behavior they want to see. Resources from this Episode Learn more about Platinum Consulting: https://www.plattinumconsulting.com/ Reach out to Rachel Platt here: rplatt@plattinumconsulting.com Previous Episode: When an Entrepreneur has a "Really Good" Nonprofit Idea https://birkenlaw.com/charity-therapy-podcast/ct152/   Episode Transcript: https://birkenlaw.com/wp-content/uploads/2025/10/CT153_Transcript.pdf Connect with Us Jess Birken: https://www.linkedin.com/in/jessbirken/ Rachel Platt: https://www.linkedin.com/in/rachelplatt/ 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've got a great business idea, people want to donate to help, and you're thinking… "What if I just start a nonprofit?" Hold up — let's talk about it. In this episode, Meghan and I tackle one of the most common (and most frustrating) misconceptions out there — when entrepreneurs try to mix business ventures with nonprofit structures. Real Listener Question: "I'm coaching a small business owner who wants to restore a historic hotel, turn it into an Airbnb, and start a nonprofit to collect donations for the renovation. He says it's a win-win — is that legal?" This one had me fired up. We get into why turning your business dream into a "nonprofit project" is usually a fast track to tax fraud, how to tell when an idea crosses the line, and what to do instead. From historic preservation loopholes to optics in small towns, we unpack all the ways good intentions can turn into bad legal problems. If you've ever thought about forming a nonprofit to fund your own idea — listen to this first. What You'll Learn: Why the IRS cares about your "exempt purpose" more than your passion project How "good ideas" can become tax fraud with one wrong move What happens when your nonprofit owns your business asset Why perception matters just as much as legality Smarter, legal alternatives like crowdfunding and business partnerships How to know when a project is charitable — and when it's just creative entrepreneurship Bottom line: Not every good idea is a nonprofit idea. If your goal is to make money, serve customers, or grow your business, that's awesome — it just means you need a for-profit model, not a charitable one. Learn more about IRS exempt purposes: https://www.irs.gov/charities-non-profits/charitable-organizations/exempt-purposes-internal-revenue-code-section-501c3 Previous Episode: Can You Convert a Failing Business Into a Nonprofit? https://birkenlaw.com/charity-therapy-podcast/ct149/ Episode Transcript: https://birkenlaw.com/wp-content/uploads/2025/10/CT152_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 HR can be messy — but it doesn't have to be. Let's talk about when it's time to call in reinforcements (and what "reinforcements" actually look like). I sat down with Mark Bromberg, a Business Performance Advisor at Insperity and one of my favorite people to send clients to when HR headaches start taking over. We dug into what PEOs (Professional Employer Organizations) really do — and when they make sense for nonprofits. Real Listener Question: "Our professional association has seven employees. We're losing our CEO soon, and our board wants to consider alternatives. When does it make sense to have a PEO instead of a CEO or in-house HR support?" This is one of those big-picture nonprofit management questions that hits close to home for a lot of leaders. In this episode, Mark and I unpack what a PEO actually is (spoiler: not just payroll!), what a true co-employment model looks like, and why choosing the right PEO is more than a price comparison — it's a relationship. We also talk about how post-pandemic remote work complicates HR, why private equity moving into the PEO space should give nonprofits pause, and what "due diligence" really means before signing a PEO contract. What You'll Learn: What a PEO is — and what it isn't When outsourcing HR actually helps your nonprofit How remote teams across multiple states complicate compliance Why private equity's growing interest in PEOs matters What to ask before choosing a PEO (hint: "Who owns you?" is fair game) Why HR pros and PEOs can actually be a dream team How to make sure your PEO relationship is an ethical, cultural fit Bottom line: Nonprofits don't exist to manage payroll, benefits, or compliance — you exist to change the world. The right PEO can help you do that, but only if you choose wisely and partner with someone who truly understands your mission. Resources from this Episode Learn about Insperity: https://www.insperity.com/ Connect with Mark on LinkedIn: https://www.linkedin.com/in/markbromberg/ Previous Episode: GoFundMe Creates 1.4M Nonprofit Donation Pages Without Consent with Ephraim Gopin https://birkenlaw.com/charity-therapy-podcast/ct150/ Episode Transcript: https://birkenlaw.com/wp-content/uploads/2025/11/CT151_Transcript.pdf Connect with Us Jess Birken: https://www.linkedin.com/in/jessbirken/ 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

What happens when a for-profit giant "helps" nonprofits without asking first? Spoiler: chaos, confusion, and a lot of angry fundraisers. In this episode, I sat down with my good friend and fundraising pro, Ephraim Gopin of 1832 Communications, to unpack the wild story of GoFundMe auto-creating donation pages for 1.4 million nonprofits — without their consent. Real Listener Question: "What do we do if our nonprofit suddenly has a GoFundMe page we didn't create? Is that even legal?" When news broke that GoFundMe scraped IRS data to create "official" donation pages for nonprofits, my inbox blew up. In this episode, Ephraim and I dig into what this means for your organization — from donor confusion to legal implications — and why this so-called "help" might do more harm than good. We cover everything from the basics of what a good donation page should look like, to why this move could affect your nonprofit's SEO, compliance status, and even your donor relationships. What You'll Learn: What a solid, conversion-ready donation page really needs Why GoFundMe's "auto-created" nonprofit pages are a huge problem How this affects your branding, donor data, and trust Why accepting those donations could mess with your state fundraising compliance Whether you should claim your page, delete it, or ignore it entirely How big platforms exploit "helping nonprofits" to make a profit And what to do right now if your org was affected Bottom line: Just because something is legal doesn't mean it's ethical. Nonprofits deserve respect — not to be treated like SEO bait. Whether you're claiming or deleting your GoFundMe page, make sure the donations that come in are on your terms. Resources from this Episode Read GoFundMe's statement about the nonprofit pages here: https://www.linkedin.com/posts/gofundme-pro_at-gofundme-our-mission-has-always-been-activity-7387176830908407808-3AXY? Connect with Ephraim Gopin: https://www.linkedin.com/in/ephraimgopin/ Listen to our episode with Ephraim about Giving Tuesday: https://birkenlaw.com/charity-therapy-podcast/ct126/ Previous Episode: How Many Times Should a Nonprofit Board of Directors Meet? https://birkenlaw.com/charity-therapy-podcast/ct149/ Episode Transcript: https://birkenlaw.com/wp-content/uploads/2025/10/CT150_Transcript.pdf Connect with Us Jess Birken: https://www.linkedin.com/in/jessbirken/ 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

If your board hasn't met in ten months, that's not just awkward — it's a big problem. In this episode, Meghan and I dive into a basic (but often overlooked) part of nonprofit governance: how often a board needs to meet, and what happens when it doesn't. Real Listener Question: "My wife joined the board of a small arts nonprofit, but they haven't met once in ten months. The executive director sends quarterly updates by email — that's it. Is that legal?" A board that never meets isn't really a board — it's a liability. Meghan and I talk about what state laws and bylaws actually require, what fiduciary duties board members are neglecting when they don't meet, and how to raise the issue without making enemies. We also unpack what counts as a real "meeting," why email updates don't cut it, and what to do if you're stuck on a board that's asleep at the wheel. What You'll Learn: The bare minimum number of meetings a board should have each year Why your bylaws matter more than you think What fiduciary duties mean — and how ignoring them puts you at risk Why a one-way email is not a valid board meeting How to raise governance concerns without burning bridges When (and how) to walk away from a dysfunctional board Bottom line: If your board isn't meeting, it's not leading. You can't fulfill your fiduciary duties by inbox — and sometimes, the bravest move is to speak up or step out. Resources from this Episode Learn about fiduciary duties here: https://birkenlaw.com/cornerstone-content/what-does-it-mean-to-be-nonprofit-board-member/ Previous Episode: When Nonprofits Should (Or Shouldn't!) Use PEOs for Their HR with Jess Holst: https://birkenlaw.com/charity-therapy-podcast/ct148/ Episode Transcript: https://birkenlaw.com/wp-content/uploads/2025/10/CT149_Trasncript.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

Think a PEO will solve all your nonprofit's HR headaches? Not so fast — the fine print might surprise you. In this episode, I'm joined by HR consultant Jess Holst from Aligned HRC to answer a listener's question about whether a professional employer organization (PEO) is the right solution for their growing nonprofit. Real Listener Question: "We've grown from four employees to nearly twelve. I've been handling payroll and HR myself, but it's becoming too much. A board member suggested a PEO, but it feels too good to be true. Should we do it?" PEOs get sold as a one-stop HR solution, but the reality is more complicated. Jess Holst and I unpack the promises versus the pitfalls: from hidden compliance traps, to the limits of what PEOs actually cover, to the unexpected costs that nonprofits often don't see coming. We also explore alternatives like fractional HR support and how to make smarter choices about employee benefits. What You'll Learn: What a PEO actually does — and what it doesn't The real reason many nonprofits consider a PEO (hint: health insurance) Why compliance gaps and hidden costs can make PEOs risky How pairing a PEO with fractional HR could be a smarter move Why shopping with a benefits broker might save you more than a PEO How to know when your nonprofit is ready for outside HR help Bottom line: A PEO isn't a magic HR fix. For some nonprofits, it might be a tool. For many, it's a costly distraction. What matters most is building a strong HR foundation — whether that's with fractional HR support, a trusted benefits broker, or a thoughtful plan for growth. Resources from this Episode Learn more Jess and Aligned HRC: https://alignedhrc.com/ Previous Episode: Are Nonprofit DEI Initiatives Illegal? with Megan: https://birkenlaw.com/charity-therapy-podcast/ct147/  Episode Transcript: https://birkenlaw.com/wp-content/uploads/2025/09/CT148_Transcript.pdf Connect with Us Jess Birken: https://www.linkedin.com/in/jessbirken/ 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

Worried your nonprofit's DEI programs might be illegal now? You're not alone — and I can bet you won't be able to find the right answer on social media. In this episode, I'm joined by Megan Fuciarelli from US2 Consulting to dig into what the latest EEOC guidance actually means for nonprofits trying to foster inclusion. Real Listener Question: "My nonprofit has employee resource groups (ERGs) for LGBTQ+, Latinx, Black, and AAPI staff. They're popular, but I heard the EEOC says they might count as discrimination now. Do we need to shut them down, or is there a way to keep them safely?" New EEOC guidance has nonprofits questioning whether DEI work — especially ERGs and affinity groups — puts them at legal risk. Megan and I break down what the rules really say, what's changing, and how nonprofits can protect themselves without abandoning their values. We also dig into the difference between ERGs and affinity groups, what's safe, what's risky, and why "don't panic" should be your new mantra. What You'll Learn: What the new EEOC guidance actually says about workplace DEI initiatives The key legal differences between ERGs and affinity groups How to structure ERGs to stay compliant while fostering inclusion Why shutting everything down out of fear might not be the right move How executive orders, memos, and guidance impact nonprofit policies Why reviewing your internal policies and documents is critical right now How to keep advancing DEI goals while reducing legal risks Bottom line: You don't have to throw out your DEI work just because the rules are shifting. With clarity, intention, and the right structures, your nonprofit can keep doing the work that aligns with your values — and stay compliant. Resources from this Episode Learn more about Megan and US2 Consulting: https://us2consulting.com/ Read the EEOC guidelines: https://www.eeoc.gov/wysk/what-you-should-know-about-dei-related-discrimination-work and https://www.eeoc.gov/what-do-if-you-experience-discrimination-related-dei-work Previous Episode: Why Record Retention & Data Management Systems Matter for Nonprofits: https://birkenlaw.com/charity-therapy-podcast/ct146/  Episode Transcript: https://birkenlaw.com/wp-content/uploads/2025/08/CT147_Transcript.pdf Connect with Us Jess Birken: https://www.linkedin.com/in/jessbirken/ Megan Fuciarelli: https://www.linkedin.com/in/meganfuciarelli 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

Think your nonprofit's old emails and files are harmless? Think again. What you keep — and what you don't — could save or sink your organization. It's Jess Birken here, and I'm back with my co-host Meghan tackling a topic that sounds boring but is way more important than you think: data retention policies and how they protect your nonprofit. Real Listener Question: "I work at a nonprofit that serves trans youth. If the government starts targeting nonprofits, what can we do now to prepare and protect our data?" If your organization collects sensitive participant info, donor data, or internal records, what you hold onto could be putting you at risk. From lawsuits to government inquiries, the wrong data strategy can leave you vulnerable. Meghan and I dive into why your nonprofit needs a data retention policy, what you should keep, what you should delete, and how to plan for changing political climates without panicking. What You'll Learn: Why keeping everything forever could actually make your organization less safe The seven-year rule of thumb for retaining records (and when to go shorter or longer) How to protect sensitive participant data in politically charged mission areas What to do before you purge anything — and the legal traps to avoid How to set up a "threat-level" data plan when government scrutiny ramps up Why email hoarding could come back to bite you and how to clean it up smartly Bottom line: Your data is both an asset and a liability. A clear data retention policy protects your nonprofit, your people, and your mission — and the best time to start is now. Resources from this Episode Listen to Episode 89 to learn about conflicts of interest: https://birkenlaw.com/charity-therapy-podcast/ct089/ Get a data retention policy for nonprofits here: https://birkenlaw.com/data Use our data retention policy app here: https://birkenlaw.com/mg-document-app/records-retention-policy/ Previous Episode: Breaking Down the IRS Changes for 501(c)(3) Status for Churches: https://birkenlaw.com/charity-therapy-podcast/ct145/  Episode Transcript: https://birkenlaw.com/wp-content/uploads/2025/08/CT146_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

If your business is struggling, can you save it by turning it into a nonprofit? Short answer: probably not. It's Jess Birken here, and I'm back with my co-host Meghan tackling a super common question from business owners who think running a nonprofit might be an easier path. Real Listener Question: "I'm an instructor at a small figure skating school. It's been around for 30 years, but we're not making ends meet. The current owner doesn't want to run it anymore. Can we convert it into a nonprofit so we don't have to make a profit or have an owner?" We hear this one a lot. A business isn't working, and people assume nonprofit status will solve everything. I mean, it's right in the name – you don't have to make a profit, right?! Meghan and I walk through why this logic doesn't hold up, the realities of converting to nonprofit status (hint: you can't), and what it really takes to start and sustain a nonprofit. If you're dreaming about skipping taxes and raking in grants, this episode will help you get real about what actually works. What You'll Learn: Why you can't convert a for-profit business into a nonprofit What nonprofit status actually means and why it's not a business model Why fundraising isn't a magic solution How conflicts of interest complicate nonprofit governance What to do before starting a nonprofit if you're serious about it Why starting a nonprofit requires a plan, not just a tax filing What to think about if your org isn't financially viable right now Bottom line: Nonprofit status isn't a quick fix. If your current business model isn't working, you need to solve that problem first — not just switch IRS categories and hope for the best. Resources from this Episode •        Listen to Episode 89 to learn about conflicts of interest: https://birkenlaw.com/charity-therapy-podcast/ct089/ •        Check out my friend Steve Boland's podcast at Next In Nonprofits: https://www.nextinnonprofits.com/podcast/ •        Previous Episode: Breaking Down the IRS Changes for 501(c)(3) Status for Churches: https://birkenlaw.com/charity-therapy-podcast/ct144/ •        Episode Transcript: https://birkenlaw.com/wp-content/uploads/2025/08/CT145_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  

Have you heard? The IRS just gave churches the green light to endorse political candidates.  It's Jess Birken here, and I'm back with my co-host Meghan to dig into a recent IRS policy change that could shake up the nonprofit and political landscape. Real Listener Question: Not a listener question this time — Meghan brought the heat herself: "Did the IRS really just say churches can endorse political candidates from the pulpit? What does that mean for everyone else?" This episode covers some breaking nonprofit news (well, as breaking as it gets around here). The IRS just shifted how it interprets the Johnson Amendment — and the result is that churches can now legally endorse candidates if it's "in connection with religious services." That's a big deal, not just for religious orgs, but for how money moves in campaigns and the broader nonprofit world. Meghan and I unpack what this ruling really means, how it might impact campaign finance, and why it feels like the rules suddenly don't apply equally anymore. What You'll Learn: What the Johnson Amendment is and how it used to work How a recent court filing changed enforcement for churches Why this doesn't apply to other nonprofits How this opens the door to new forms of dark money in political campaigns Why this matters even if your nonprofit isn't religious What the potential downstream effects might be in campaign finance Why transparency is the real issue underneath it all Bottom line: This isn't just about churches. It's about the integrity of the nonprofit sector and the role transparency plays in public trust. If you care about clean campaigns and nonprofit accountability, you should be paying attention. Resources from this Episode •        Learn more about the IRS changes to the Johnson Amendment: https://www.npr.org/2025/07/08/nx-s1-5460886/irs-now-says-pastors-can-endorse-political-candidates •        Hear our convo about the new IRS commissioner in episode 139: https://birkenlaw.com/charity-therapy-podcast/ct139/ •        Previous Episode: What Happens If You Don't Do the Nonprofit Filings?: https://youtu.be/vxSB2wlR9N0?si=lmHHWL_dJU8R6Zia •        Episode Transcript: https://birkenlaw.com/wp-content/uploads/2025/07/CT144_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  

What would you do if you inherited a nonprofit… with 20 years of missing paperwork? It's Jess Birken here, and I'm back with my co-host Meghan to dig into one of the messiest listener questions yet. A nonprofit has been operating off the radar for decades, and it's time to figure out what happens next. Real Listener Question: "I just took on the treasurer role for a family nonprofit, but nothing's been filed since 2005. The bank account is still under the name of a deceased board member. I'm wondering if I should just start over with a new nonprofit. Is that even possible?" This kind of thing happens more often than you'd expect. A well-meaning person takes on a board role and discovers the organization hasn't filed anything in decades. In this episode, Meghan and I unpack what to do when you find yourself in a nonprofit compliance nightmare. We cover how to figure out what kind of legal entity you're actually dealing with, how to protect yourself, and how to decide whether to clean up the mess or start fresh. If you're the one caught holding the bag for a nonprofit with a messy past, this one's for you.   What You'll Learn: Why nonprofit compliance is more complicated than for-profit businesses How to tell if your organization is really a 501(c)(3) What happens when a nonprofit operates without filing for years When it makes more sense to start a new organization than try to fix the old one Why board training is essential, even for small nonprofits What every board member should ask before agreeing to join How to stop stressing about the past and start moving forward   Bottom line: If you inherit a messy nonprofit past, you are not alone. You can't fix everything that came before you, but you can take charge today and make sure the future is solid.   Resources from this Episode Nonprofit Health Check Up Tool: https://form.jotform.com/jessicabirken/nonprofit-health-check-up What Does It Mean To Be A Nonprofit Board Member? Article: https://birkenlaw.com/charity-therapy-podcast/what-does-it-mean-to-be-nonprofit-board-member/ Previous Episode: What Happens When Your Nonprofit IRS Status Is Revoked: https://birkenlaw.com/charity-therapy-podcast/ct142/ Episode Transcript: https://birkenlaw.com/wp-content/uploads/2025/07/CT143_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's 501(c)(3) status just got revoked – now what? Don't panic! Your organization still exists, but here's what you need to know. It's Jess Birken here, and I'm back with co-host Meghan to tackle one of the most common (and scary-sounding) nonprofit disasters: losing your tax-exempt status. Real Listener Question: "Our 501(c)(3) was revoked last year, and we have a community cleanup event coming up. Can we still do this event? Are we open to more liability?" We're breaking down the biggest misconception about revoked tax status – your nonprofit doesn't disappear when you lose 501(c)(3) status! Plus, we're calling out "Uncle Larry" (you know, that volunteer who promised to handle your 990s for free) and explaining why delegation doesn't absolve board responsibility. What You'll Learn:   Why nonprofits lose tax-exempt status – the "three strikes" auto-revocation rule            What revoked status actually means vs. what people think it means            Whether you can continue operations and events without 501(c)(3) status            The real liability risks (spoiler: probably not what you think)            Why your insurance policies don't automatically change when status is revoked            Board responsibility for compliance – delegation isn't abdication            How to move forward without beating yourself up over past mistakes Bottom line: Losing 501(c)(3) status is like changing your tax filing status from "married" to "single" – you still exist, you just need to get your label back. Remember: This happens to small nonprofits all the time. You're not alone, and it's fixable. Focus on moving forward, not beating yourself up. Resources from this Episode           IRS Auto-Revocation Information: https://www.irs.gov/charities-non-profits/automatic-revocation-of-exemption           Form 990 Filing Requirements: https://www.irs.gov/charities-non-profits/form-990-resources-and-tools           Previous Episode: Can Trump Revoke Harvard's Tax Status? - https://birkenlaw.com/charity-therapy-podcast/ct138/           Episode Transcript: https://birkenlaw.com/wp-content/uploads/2025/06/CT142_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            Share this episode with fellow board members who need this info!

Nonprofits - how do YOU communicate about the dreaded "overhead" expenses? You know that pie chart everyone uses to show how much money goes directly to programs? Yeah, I want to toss it out the window. We'll talk about why those "eight cents" on the dollar that cover essential administrative expenses are not wasted but actually crucial for keeping your nonprofit running smoothly. In this episode, we're tackling a nonprofit pro's question about updating an employee handbook. Should you hire a pro bono lawyer who DOESN'T do employment law or invest in an HR expert? Spoiler alert: Your uncle Larry, the PI lawyer, might not be the best fit here. It's all about making smart investments in your nonprofit's operations and HR to avoid headaches down the line. Trust me, you'll thank yourself later when you don't end up in a legal pickle. So, grab your headphones and join us for a lively chat about transforming how nonprofits communicate their spending to donors. We promise some laughs, a few rants, and a whole lot of practical advice. And remember, it's okay to spend money on things that keep your nonprofit running well! Let's rethink the way we tell our financial stories and embrace the true costs of running an amazing organization. In this episode, you will hear: Why you need to delete that outdated nonprofit overhead pie chart Whether pro bono is the right way to go with your employment law needs Some of our recommendations for tools to keep up with all the changing HR rules The real relationship between the back-office and your direct mission programming How you can REALLY communicate success to your donors What your fiduciary duties really have to do with all our worries about "overhead" Resources from this Episode Propel Article - A Graphic Re-Visioning of Nonprofit Overhead: https://propelnonprofits.org/blog/a-graphic-re-visioning-of-nonprofit-overhead/ The Five Whys: https://en.wikipedia.org/wiki/Five_whys Sign up for the Birken Law Email list: https://birkenlaw.com/signup/ Facebook page: https://www.facebook.com/birkenlaw Follow and Review: We'd love for you to follow us if you haven't yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We'd love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select "Ratings and Reviews" and "Write a Review" then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

On this episode of Charity Therapy, we're answering the big question on a LOT of nonprofit leaders' minds - what can the president really do to a nonprofit? We're getting to the answer, but first - remember to take a deep breath and take care of yourself before taking any action for your nonprofit! There's a lot of fear and uncertainty about what kind of measures the Trump administration could take against nonprofit. It's easy to get lost in the conspiracy theories and "creative" ways to protect your mission. But no longer! Meghan and I break down the legal boundaries and explain why panic-driven decisions aren't the way to go. We're here to debunk myths about the government seizing assets. So, if you're feeling lost in today's nonprofit landscape, join us for a dose of reassurance and a few laughs along the way. In this episode, you will hear: What powers the president has over individual nonprofits What circumstances (if any) that could lead to the government seizing nonprofit assets How nonprofit leaders can take care of themselves during times of stress Why some of the "creative ideas" to protect your nonprofit aren't a good idea  A simple and effective step you CAN take right now  Resources from this Episode Listen to our episode about HR 9495: birkenlaw.com/charity-therapy-podcast/ct132 Sign up for the Birken Law Email list: birkenlaw.com/signup Facebook page: www.facebook.com/birkenlaw Follow and Review: We'd love for you to follow us if you haven't yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We'd love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select "Ratings and Reviews" and "Write a Review" then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

Welcome to another episode of Charity Therapy, where we tackle the chaos we're all experiencing at the IRS. In this episode, we're diving into the bewildering world of nonprofit tax exemptions. Imagine the IRS as a maze, and we're here to help you navigate it without losing your mind. We'll unpack why things are moving slower than molasses, from the recent leadership shuffle to the current eight-month wait for tax exemption applications. Dealing with the IRS isn't anyone's idea of a good time, but we're here to make it less painful. We'll talk about how the revolving door of IRS commissioners is creating an atmosphere of uncertainty for the IRS. But don't worry, we have advice to help you handle these long wait times and the importance of precise tax filings. Remember, you're not alone in this—reach out for professional help if you need it. Finally, let's share some laughs and commiserate over the IRS adventures we've all faced. We invite you to share your own IRS stories, because who doesn't love a good tale of bureaucratic woe? . In this episode, you will hear: Why the IRS is taking forever (like eight months!) to process nonprofit tax exemption applications and how this affects you The chaotic leadership changes at the IRS The scoop on how this IRS turmoil impacts nonprofits and why your tax filings need to be spot-on right now Long waits and grumpy calls with the IRS, and why you should get your nonprofit paperwork right the first time Tips and tricks to streamline your nonprofit's tax exemption process and minimize stress during these uncertain times Resources from this Episode Download my 2025 Survival Guide: https://birkenlaw.com/2025-survival-guide Sign up for the Birken Law Email list: https://birkenlaw.com/signup/ Facebook page: https://www.facebook.com/birkenlaw Follow and Review: We'd love for you to follow us if you haven't yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We'd love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select "Ratings and Reviews" and "Write a Review" then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

In this episode of Charity Therapy, we're tackling a big question from the headlines - can the President choose whether you get tax exemption? While President Trump may threaten a university like Harvard, what can he actually do?  Meghan and I break down what the President can and cannot do with nonprofits AND what it would like to really lose your tax exemption. Spoiler alert - it's not a quick process! In this episode, we'll bust some myths and give you the lowdown on how these things really work and what to do if you ever find yourself in a sticky situation. Worried about the political winds shifting against your nonprofit? You're not alone! We're tackling those concerns head-on, especially for organizations whose missions might not sit well with the Trump administration. We've got your back with some solid strategies to stay resilient, like focusing on building strong relationships with donors and staying on top of IRS compliance. Remember, it's not about panicking but being prepared and informed.  The main message is this: don't let fear take the wheel. Whether you're worried about rule changes or just want to make sure your nonprofit is on solid ground, we're here to guide you through it all with a smile and a bit of humor. So tune in, get comfy, and let's navigate these political waters together! In this episode, you will hear: How the IRS goes about revoking an organization's tax exempt status Whether the president can single-handedly revoke a nonprofit's tax status What powers the president really has in an executive order over nonprofits How nonprofits in hot-button mission areas can prepare to weather the storm of increased scrutiny under this administration The important preventative measures every nonprofit should be taking, no matter the political environment Resources from this Episode Download my 2025 Survival Guide: https://birkenlaw.com/2025-survival-guide Sign up for the Birken Law Email list: https://birkenlaw.com/signup/ Facebook page: https://www.facebook.com/birkenlaw Follow and Review: We'd love for you to follow us if you haven't yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We'd love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select "Ratings and Reviews" and "Write a Review" then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

Welcome to this episode of Charity Therapy! I'm Jess Birken, and today we're diving into the wild world of nonprofit leadership. I've got David Rhode, a super-smart nonprofit coach and author, joining me to give all kinds of advice for nonprofit executive directors. We're tackling a juicy listener question about a micromanaging board member who's causing a bit of a headache. Trust me, we've got some great strategies to share that'll help you balance gratitude with boundary-setting. Transitioning from a working board to a governing board can feel like trying to solve a Rubik's Cube in the dark, especially when leadership roles are changing. With David's guidance, we explore how to keep board members engaged by giving them roles that match their strengths. Don't worry, we've got tips on keeping things fair and professional, ensuring everyone knows their lane. And let's not forget the fun twists of gender dynamics and generational differences. David and I chat about the importance of continuous learning and having a support network. Plus, we've got some motivational pep talks for those days when you're just trying to keep your head above water. Tune in for some personal stories, professional advice, and a few laughs as we empower you to lead with confidence and cultivate a culture of respect in your nonprofit world. In this episode, you will hear: How to navigate the tricky waters of board dynamics and leadership Some no-nonsense tips on how to set boundaries with a board member How to transition from a working board to a governing board How to step into your role as the boss David's advice for building your own support network How to stand up and claim your turf (respectfully!) What to do when doing the same things over and over again just won't cut it anymore Resources from this Episode Buy David's Book, Passion Isn't Enough: https://dotdotorg.com/my-book Sign up for the Birken Law Email list: https://birkenlaw.com/signup/ Facebook page: https://www.facebook.com/birkenlaw Follow and Review: We'd love for you to follow us if you haven't yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We'd love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select "Ratings and Reviews" and "Write a Review" then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.