Can a Nonprofit Corporation Sell Its Assets? (2024)

Like a profit-oriented company, a nonprofit corporation can sign contracts, purchase and sell assets, borrow and do all the things necessary to run efficient activities and fulfill its operational mandate. A nonprofit can spearhead all these initiatives as long as it abides by Internal Revenue Service guidelines and regulations that state fiscal authorities periodically publish.

Nonprofit Organizations

  1. The IRS defines a nonprofit organization as "an entity that is organized and operated exclusively for exempt purposes." The agency also requires that a nonprofit not distribute earnings to any private shareholder or individual. Under fiscal guidelines, exempt purposes run the gamut from charitable and religious to educational, scientific and literary. Other initiatives qualifying for the exempt status include testing for public safety, preventing cruelty to animals and children, and fostering national or international amateur sports competition. Nonprofit specialists often use phrases such as "philanthropic institution," "charitable organization" and "nonprofit entity" interchangeably. Government agencies -- whether they be at the federal, state, county or municipal level -- also make it in the "nonprofit entities" category.

Assets

  1. Assets represent economic resources a philanthropic institution relies on to operate and execute its social, education or charitable mandate. Examples include cash, donations receivable and prepaid expenses, as well as real property, plants and equipment. In the nonprofit world, asset management is a function of personnel as much as money. Charities, political action committees and universities -- to name a few -- hire experienced professionals to run corporate finance and accounting departments, with an emphasis on resource management and fundraising excellence.

Explanation

  1. A nonprofit corporation can buy and sell assets, similar to a profit-oriented entity. The fact that the nonprofit doesn't operate with a profit motive doesn't preclude it from signing a contract, borrowing and purchasing resources deemed operationally essential. However, the organization must sell its assets in accordance with IRS non-exempt rules. In other words, top management should ensure that asset sales -- in fact or in appearance -- don't feed regulatory nonconformity or legal instability. For example, senior executives must guard against the appearance that an asset disposition has a purpose other than advancing the charitable objective of an organization.

Nonprofit Financial Reporting

  1. Not only can a charity sell its assets, but it also must put into place adequate procedures to record the sales and publish accurate financial reports. This publication must conform to generally accepted government accounting standards. Nonprofit financial reports include a statement of financial position, a statement of revenues and expenses and a statement of cash flows.

Can a Nonprofit Corporation Sell Its Assets? (2024)

FAQs

Can a Nonprofit Corporation Sell Its Assets? ›

The nonprofit can, however, sell its assets, as long as the individual or entity purchasing the asset is paying a reasonable amount, ideally the “fair market value.”

What happens to assets of a nonprofit? ›

As required by law, a nonprofit organization that is ceasing existence is required to transfer all remaining assets to another tax-exempt organization or to the government. It is unlawful to give any property away to individuals – including board members, volunteers, staff, or beneficiaries.

Can a nonprofit sell equity? ›

Shares of nonprofit stock are not traded on stock exchanges, and any equity the organization has belongs to the organization. You are allowed to sell off all nonprofit assets, but the profits from the sale must be used to benefit the organization. An NPO cannot pay dividends to shareholders.

Can you sell stuff from a non profit? ›

A nonprofit can sell goods and often this is completed through donations or grants. Nonprofits can also sell services or goods to raise money. Consider that educational institutions and hospitals are nonprofit organizations, but still sell services or goods.

Can a nonprofit sell securities? ›

Nonprofit corporations can't be owned by any individual or group, including even the founder, and unlike for-profit corporations, nonprofits generally can't issue shares of ownership like a stock.

How much money can nonprofits keep? ›

Types of Nonprofit Funds

As we stated above, there is no limit to how much money a nonprofit can have in reserve. The key is in the organization's financial management, whether that means reinvesting the reserve back into the nonprofit's mission or ensuring financial security by saving money.

Do nonprofits capitalize assets? ›

Nonprofit organizations have two options when purchasing assets with a useful life of greater than one year: expense or capitalize.

Does the founder of a nonprofit get paid? ›

The bottom line is that non-profit founders and employees are paid from the gross revenues of the organization. These salaries are considered part of the operating costs of the organization.

What is the owner of a nonprofit called? ›

What Is A Founder? In this case, the founder refers to an individual who establishes a company or institution. More specifically, for the purposes of this article, the founder refers to the person who created a nonprofit organization.

Can the founder of a nonprofit be the CEO? ›

As many of you know, there are two roles that the Founder can take in the organization. You can either be a volunteer board member who votes to make major decisions for the organization, or a paid executive who makes the day-to-day decisions (usually referred to as executive director or CEO).

What can nonprofits sell to make money? ›

Common ways that nonprofit organizations make money include:
  • Donations.
  • Grants.
  • Selling goods.
  • Selling services.

Can a nonprofit sell products on Amazon? ›

Which platforms can you use? Your nonprofit can use a variety of sites to sell products, including Amazon and Etsy. SERRV is a fair-trade organization that has been in operation since 1949.

Can a non profit sell on Amazon? ›

We're here to help you get the job done more efficiently and at lower costs. Here's just a few of the features made available to nonprofits through Amazon Business: Amazon Business provides charities: Multi-user, TAX-EXEMPT Amazon account for your organization.

Do non profits market themselves? ›

Nonprofits use marketing to build awareness of their organization and its mission. Building an engaged audience can help raise funds and find volunteers to help them carry out their charitable initiatives and services.

Can a 501c3 make investments? ›

Tax-exempt entities raise money to fund their activities in many ways. This can include soliciting donations at fundraising events and making investments in stock portfolios. However, the IRS doesn't treat donations any differently than the profits the organization earns when making investments.

What happens to the profits in a nonprofit business? ›

Nonprofits do not distribute profit to anything other than furthering the advancement of the organization. As such, you will be required to make your financial and operating information public so that donors can see how their contributions are being used.

What is the bank account limit for a 501c3? ›

Banks must report your cash deposits to the IRS. Again because of the FinCEN rule, the IRS has imposed a mandatory requirement on the banks in case of nonprofit accounts. Any single deposit exceeding $10,000 or multiple ones adding up to $10,000 must be reported to the IRS. The bank has to file IRS Form 8300 for that.

How much cash should a nonprofit keep on hand? ›

A commonly used reserve goal is 3-6 months' expenses. At the high end, reserves should not exceed the amount of two years' budget. At the low end, reserves should be enough to cover at least one full payroll. However, each nonprofit should set its own reserve goal based on its cash flow and expenses.

What can nonprofits spend their money on? ›

Most nonprofits rely on funding to finance staff salaries; afford office space rentals, legal fees, and program costs; and manage other day-to-day operations.
...
These costs include:
  • Accounting services.
  • Legal services.
  • Any expenses related to board meetings.
  • Human resources platforms.

What assets Cannot be capitalized? ›

Expenses that must be taken in the current period (they cannot be capitalized) include Items like utilities, insurance, office supplies, and any item under a certain capitalization threshold. These are considered expenses because they are directly related to a particular accounting period.

What dollar amount is considered an asset? ›

In order to distinguish between an expense and an asset, you need to know the purchase price of the item. Anything that costs more than $2,500 is considered an asset. Items under that $2,500 threshold are expenses. Let's say your business spent $300 on a printer and $3,000 on a copier last year.

What are the types of assets in a nonprofit? ›

The assets section of your nonprofit balance sheet defines what your nonprofit owns. It includes items like your cash assets, accounts receivable, property and equipment investments, long-term receivables, prepaid expenses, and more.

Can I pay myself through my nonprofit? ›

💡Can I pay myself in a nonprofit organization? Absolutely. Fair work deserves fair compensation. You will just have to be sure that what you are being paid is considered "reasonable compensation" by IRS standards to avoid penalty.

Who is the highest paid nonprofit CEO? ›

In 2018, Bernard Tyson, then-CEO of nonprofit health care giant Kaiser Permanente, made nearly $18 million, making him the highest-paid nonprofit CEO in the nation. The previous year, the top 10 highest paid nonprofit health system executives each made $7 million or more.

What are the disadvantages of a 501c3? ›

Cost: Creating a nonprofit organization takes time, effort, and money. Fees are required to apply for incorporation and tax exemption. The use of an attorney, accountant, or other consultant may also be necessary.

How does a CEO of a nonprofit get paid? ›

We found that nonprofit CEOs are paid a base salary, and many CEOs also receive additional pay associated with larger organizational size. Our results indicate that while pay-for-performance is a factor in determining compensation, it is not prominent.

What is the highest position in a non profit? ›

A nonprofit Executive Director is the highest position within an organization. This role is responsible for directing the nonprofit to achieve its mission and determining the right talent, resources, and tools to implement programs effectively.

Can the founder of a nonprofit serve on the board? ›

Yes, the founder of a nonprofit organization may serve on the board of directors and they usually do. However, refrain from adopting undemocratic terms or special considerations for the founder in the bylaws.

Can a nonprofit CEO be fired? ›

Unfortunately, there are times when a nonprofit board is forced to initiate the parting of ways with its executive director. In some situations, the cause is clear and urgent, such as illegal acts or other gross misconduct.

How much equity does a non founder CEO get? ›

As a rule of thumb, a non-founder CEO joining an early-stage startup (that has been running less than a year) would receive 7-10% equity.

How do foundations make money? ›

Most of these foundations are publicly supported charities, meaning they receive their funds from multiple sources, which may include private foundations, individuals, government agencies, and fees they charge for charitable services they provide.

What are the benefits of nonprofit vs for-profit? ›

Nonprofits receive better treatment by the federal government and charitable view from the general public. Holding for-profit status gives business leaders autonomy and empowers companies with an entrepreneurial spirit.

Can a non profit have customers? ›

So, who are the customers (Supporters) for Nonprofits and how are they different than For-Profit's? A typical Nonprofit has five key customer groups (i call them Supporters of the mission) as shown in chart above. Mission Problem Solvers: These are the supporters that work on solving the Mission challenge.

Can a nonprofit sell on eBay? ›

Nonprofit organizations can also list items on their own behalf through eBay for Charity. There may be a minimum donation amount required for items listed through eBay for Charity via the API or the Sell Your Item flow.

Can a non profit sell on Etsy? ›

Your organization can absolutely sell their products on Etsy or similar sites. However, it's a better choice to work with a platform that can be integrated with your own nonprofit website.

Can a non profit sell online? ›

Diversifying Revenue Stream With E-commerce. The answer to the question is yes, nonprofits can sell merchandise. However there are rules and regulations nonprofits need to follow to be in compliance to maintain tax-exempt status.

How much can you sell on Amazon without paying taxes? ›

Not every Amazon seller gets a 1099-K form from Amazon. To meet the requirements for a 1099-K, you must have both $20,000 in total sales, and 200 individual transactions. However, if you have at least 50 transactions, you still need to provide your tax status to Amazon.

What percent profit does Amazon take? ›

Referral fees

Remember, Amazon takes a cut of every item sold. This ranges from as low as 6% (personal computers) to as high as 45% (Amazon device accessories), although referral fees for media products are 15% of the total sales price of a product, rather than the item price alone.

How will this nonprofit's assets be distributed if it dissolves? ›

Federal law requires a tax-exempt charitable nonprofit that is dissolving to distribute its remaining assets ONLY to another tax-exempt organization or to the federal government or a state or local government for a public purpose.

Do nonprofits depreciate assets? ›

*** Useful life is an estimate by the management. Typically, nonprofit organizations depreciate buildings over 40 years (could be influenced by IRS rules on depreciation – for IRS publication on depreciation click here.

Should non profits depreciate assets? ›

Nonprofits usually use straight line depreciation. Straight line depreciation simply means you divide the cost of the asset by the years of useful life to find the amount of depreciation for each year.

Who gets the money from a non profit? ›

The bottom line is that non-profit founders and employees are paid from the gross revenues of the organization. These salaries are considered part of the operating costs of the organization.

When a nonprofit corporation is ever dissolved its assets must be distributed? ›

Sixth: Upon the dissolution of the corporation, assets shall be distributed for one or more exempt purposes within the meaning of section 501(c)(3) of the Internal Revenue Code, or the corresponding section of any future federal tax code, or shall be distributed to the federal government, or to a state or local ...

Who owns assets of a dissolved corporation? ›

In most cases of dissolution, a company's remaining assets are distributed to its shareholders or members after they have paid off outstanding debts from the proceeds of liquidation.

What are the rules for distribution of assets on dissolution? ›

All liabilities shall be paid and discharged, or adequate provision for payment and discharge shall be made. Assets held on condition requiring return or transfer on dissolution of the corporation shall be returned or transferred as required by the condition.

How much in assets should a nonprofit have? ›

A commonly used reserve goal is 3-6 months' expenses. At the high end, reserves should not exceed the amount of two years' budget. At the low end, reserves should be enough to cover at least one full payroll. However, each nonprofit should set its own reserve goal based on its cash flow and expenses.

What are examples of nonprofit assets? ›

Fixed assets are your nonprofit's furniture, equipment, and improvements made to a facility. Fixed assets can also include accumulated depreciation, the amount your fixed assets have decreased in value.

Is profit on sale of assets a non operating expenses? ›

Profit on sale of fixed asset is a non-operating income for the business entity as it does not happen regularly.

What happens when you sell an asset that is not fully depreciated? ›

Selling property for more than its depreciated value is technically a capital gain, but the IRS doesn't tax it that way. Instead, the agency charges a depreciation recapture tax.

What kind of asset Cannot depreciate? ›

You can't depreciate assets that don't lose their value over time – or that you're not currently making use of to produce income. These include: Land. Collectibles like art, coins, or memorabilia.

Which asset Cannot be depreciated? ›

Land, although a fixed asset is never depreciable. It has an unlimited useful life and therefore can not be depreciated. Depreciation is allocation of cost of fixed asset over its useful life. Value of land can not be reduced to zero and it can not be allocated over its useful life.

Who pays the CEO of a non profit? ›

What should a nonprofit pay its chief executive? The board of directors is responsible for hiring and establishing compensation (salary and benefits) for the executive director/CEO that is “reasonable and not excessive,” but is also enough to attract and retain the best possible talent to lead the organization.

Can people who run non profits make money? ›

Myth: Nonprofits can't earn a profit

Reality: The term "nonprofit" is a bit of a misnomer. Nonprofits can make a profit (and should try to have some level of positive revenue to build a reserve fund to ensure sustainability.)

Can non profits still make money? ›

Are Nonprofits Allowed to Make Money? The short answer to this question is: "Yes, absolutely!" How nonprofit organizations make money to live and grow is certainly important. The important restriction that applies is that these organizations are not permitted to distribute their funds to any private individual.

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