nonprofit compliance

Nonprofit Compliance | Steer Clear of Political Campaign Involvement

nonprofit compliance

July 15, 2024

Nonprofit compliance can seem hard to navigate for organizations wanting to advocate for their cause on a larger scale. In the eyes of the IRS, a nonprofit is defined by its tax-exempt status, granted under section 501 c 3 of the Internal Revenue Code. This status affords nonprofits the invaluable privilege of receiving tax-deductible contributions, fueling their work and empowering them to effect change. Yet, this privilege comes with stringent guidelines, particularly concerning political support:

501 c 3 qualifications prohibit these organizations from engaging in political campaign activities.

These measures are designed to safeguard the integrity of the nonprofit sector, shielding it from partisan manipulation and ensuring its autonomy. Political involvement  puts nonprofit compliance at risk, jeopardazing not only its tax-exempt status, but also  one of its most valuable assets: the trust of donors, volunteers, and communities. 

However, these regulations shouldn’t be an obstacle for organizations to pursue their charitable mission. With the right guidance, nonprofits can have a significant impact and effect change without risking their tax benefits. 

What Counts as Political Engagement?

If a nonprofit wants to avoid getting called out by the IRS, then it should be careful with: 

  • Endorsing or opposing candidates for public office: This includes any explicit support or disapproval of candidates running for elected positions at any level of government. 
  • Contributing to political campaigns: Nonprofits should refrain from donating money or resources to political campaigns or candidates. 
  • Disseminating campaign materials: Nonprofits should avoid distributing flyers, brochures, or advertisements, that expressly advocate for or against a specific candidate or political party. 

Best Practices for Nonprofit Compliance

By prioritizing compliance, nonprofits can mitigate risks and focus on their core mission of serving communities. Hence, they must implement robust compliance measures, including: 

  • Educating stakeholders on regulations: All board members, staff, volunteers, and stakeholders should be aware of the IRS regulations regarding political activities and understand their implications for the organization. 
  • Developing clear policies: Clear and comprehensive policies must be established, outlining what constitutes political engagement and the consequences for violating these policies. 
  • Monitoring activities diligently: Nonprofits should regularly monitor their activities and communications to ensure compliance with IRS regulations, promptly addressing any potential violations. 
  • Seeking expert guidance when needed: When in doubt or facing complex compliance questions related to political activities, guidance from a legal expert and a certified public accountant (CPA) is essential. 

Navigating Advocacy Efforts

Nonprofit compliance should not be a burden to philantropists. By consulting a professional, you can ensure you stay compliant with the IRS’ guidelines while remaining relevant in the social scene. Accentuals Consulting specializes in accounting for nonprofit organizations, guaranteeing proper management of their finances and reputation. This helps avoid trouble with the law, maintain donor trust, and uphold the organization’s mission effectively. With expert guidance, your nonprofit can navigate complex regulations and continue to make a significant impact.

While political advocacy is off-limits, nonprofits have other avenues to effect change. Advocacy, distinct from political intervention, encompasses a spectrum of activities, from lobbying for legislative changes to educating the public. By focusing their efforts on issues relevant to their missions, nonprofits can leverage advocacy as a powerful tool for social impact. 

In the pursuit of social change, nonprofits occupy a unique and invaluable position. By navigating the political landscape with prudence and integrity, nonprofits can preserve their tax-exempt status, uphold public trust, and continue their vital work as catalysts for positive change in society.