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Nonprofit Leader: Unrelated Business Income

Published: 9-14-10
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September 30, 2010

Industries
Management Team


Unrelated Business Income
By: Tom Hastings, CPA

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The ongoing challenges posed by the current economic and funding environment has led a number of organizations to become more strategic in how they will strive to build capacity. This movement includes some real soul-searching over the extent to which the organizations programs are both mission-critical and sustainable. It also means organizations are becoming more entrepreneurial and being more creative in how they generate revenues. Do an internet search on social enterprise and youll find a multitude of ideas. While the notion of becoming more entrepreneurial generates a new excitement among boards and management teams, there are implications and other considerations that come along with such new endeavors. Aside from the due diligence and business planning involved, this strategy invites a discussion over the risk that the activity may not be consistent with the organizations IRS tax-exempt purpose, giving rise to the requirement to pay unrelated business income taxes (basically, having to pay corporate income taxes, from which the organization generally enjoys immunity, unlike its for-profit counterparts).

For most organizations an activity is an unrelated business activity, and subject to unrelated business income taxes, if it meets all three requirements below:

1. It is a trade or business;

2. It is regularly carried on, and

3. It is not substantially related to furthering the exempt purpose of the organization.
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