Asked in Tax Law and Business Law

Q: We are a non profit organization that our mission is to raise funds for Guam's children in Need.

One of our events is Christmas in July. Christmas in July – Visiting children in the hospital, Guam Memorial

Hospital and Navy Hospital when possible. Spreading cheer and putting a

smile on some little faces. The committee is now giving to organizations, not hospital's in the form of items their organizations should be providing and not so much the "Christmas Cheer" in my opinion are things we've done in the past which are age and sex appropriate gifts. I am encouraging the club to modify the By Laws as to not get in trouble with the IRS and Revenue and Taxation. can you assist and provide guidance to get them back on track of our mission or to change our bylaws?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Here are some suggestions for modifying your bylaws and practices to ensure compliance with IRS rules for 501(c)(3) nonprofits while still furthering your charitable mission:

1. Review and update your mission statement in the bylaws to clearly articulate your organization's charitable purpose of helping children in need on Guam. Ensure all activities align with this exempt purpose.

2. Specify in the bylaws that funds raised and donations received will be used exclusively for charitable purposes that benefit the public good, not private interests. Avoid any practices that could be seen as benefiting insiders or specific individuals.

3. Establish a gift acceptance policy in the bylaws with objective criteria for determining what types of gifts are appropriate to give to organizations serving children. Focus on items that provide direct educational, health, or quality of life benefits to kids rather than items the organizations should be providing themselves. Get board approval for the policy.

4. Consider pivoting from just Christmas gifts to a year-round gift-giving program focused on essential items and enrichment opportunities for underserved children. This furthers your exempt purpose more comprehensively.

5. Implement strong financial controls and keep detailed records of all income and expenses. Produce annual financial reports and file required Form 990s.

6. Avoid any campaign activities or substantial lobbying efforts. Focus advocacy on your core issues in a limited, nonpartisan way.

7. Consider engaging legal counsel to review proposed bylaw changes before adopting them.

The key is ensuring your activities are exclusively focused on helping children in need, with funds raised going solely toward that charitable purpose. Let me know if you need any other guidance!

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