Dark and Light Matters in the Nonprofit Universe
Posted by Jon Pratt on February 8th, 2007
It is widely accepted that 83% of the mass of the universe consists of dark matter - galaxies that create gravitational fields but are invisible to astronomers and cosmonauts.
In the nonprofit world the invisible dark matter consists of the smaller organizations underneath the radar of researchers and the IRS - informal, unincorporated or so small they are not required to file IRS forms - or the 350,000 religious congregations exempt from filing requirements.
How many? Unknown, but soon more knowable.
Regrettably, nonprofit organizations lack reliable or timely access to economic performance information, unlike virtually every other industry in the U.S. While the departments of Commerce, Agriculture and Labor collect statistics in specific industries, the economic activity of nonprofits organizations is tracked once a year through IRS Form 990, filed four and a half months after the end of the fiscal year, and tabulated on a national level a year or two later.
The new Nonprofit Almanac 2007, prepared by the National Center for Charitable Statistics at the Urban Institute and based largely on 990 filings, provides a comprehensive update on the scale and scope of the nonprofit sector, including
The U.S. had 1,397,263 official tax-exempt nonprofits in 2004 (One organization for every 214 Americans, a ratio both higher and lower than some people thought).
These organizations had revenues of $1.3 trillion and assets of $2.9 trillion.
822,817 are IRS Code §501(c)(3) public charities, and 102,881 are §501(c)(3) private foundations.
505,128 (65%) of the recognized public charities do not report to the IRS, leaving 299,033 “active filers”
These 505,128 non-filers represent the unknown matter. No one knows how many are still active, or whether they ever did much after obtaining their 501(c)(3) letter. The July 1, 2006, fee increase for filing the Form 1023 application - from $500 to $750 for most organizations - may decrease the number of hopeful but never-quite-airborne organizations.
The major revelation about the size of the dark matter will come from the new federal requirement that every public charity with annual revenues of $25,000 or less must file an annual notice electronically with the IRS that indicates its
legal name;
mailing address;
web site address;
taxpayer identification number;
name and address of a principal officer;
evidence of the continuing basis for the organization’s exemption from filing Form 990; and,
upon termination, notice of that termination.
This requirement is effective for tax years beginning after August 17, 2006 (organizations are being informed of this requirement through notices mailed to their last known address). While there are no monetary penalties for failure to file the notice, failure to file the annual notice for three consecutive years will result in revocation of tax-exempt status.
If the experience at the state level with nonprofit corporations is any indication, expect a mass revocation and disruption in the dark matter of the nonprofit universe. In Minnesota, which has an annual filing requirement with the Secretary of State, 4712 organizations were statutorily dissolved on January 1, 2006. Unfortunately, at least 100 of these organizations were very much alive, with employees, offices, active boards and a desire not to be dissolved.
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