
What would you do if you inherited a nonprofit… with 20 years of missing paperwork? It’s Jess Birken here, and I’m back with my co-host Meghan to dig into one of the messiest listener questions yet. A nonprofit has been operating off the radar for decades, and it's time to figure out what happens next. Real Listener Question: "I just took on the treasurer role for a family nonprofit, but nothing’s been filed since 2005. The bank account is still under the name of a deceased board member. I’m wondering if I should just start over with a new nonprofit. Is that even possible?" This kind of thing happens more often than you’d expect. A well-meaning person takes on a board role and discovers the organization hasn't filed anything in decades. In this episode, Meghan and I unpack what to do when you find yourself in a nonprofit compliance nightmare. We cover how to figure out what kind of legal entity you’re actually dealing with, how to protect yourself, and how to decide whether to clean up the mess or start fresh. If you're the one caught holding the bag for a nonprofit with a messy past, this one's for you. What You'll Learn: Why nonprofit compliance is more complicated than for-profit businesses How to tell if your organization is really a 501(c)(3) What happens when a nonprofit operates without filing for years When it makes more sense to start a new organization than try to fix the old one Why board training is essential, even for small nonprofits What every board member should ask before agreeing to join How to stop stressing about the past and start moving forward Bottom line: If you inherit a messy nonprofit past, you are not alone. You can’t fix everything that came before you, but you can take charge today and make sure the future is solid. Resources from this Episode Nonprofit Health Check Up Tool: https://form.jotform.com/jessicabirken/nonprofit-health-check-up What Does It Mean To Be A Nonprofit Board Member? Article: https://birkenlaw.com/charity-therapy-podcast/what-does-it-mean-to-be-nonprofit-board-member/ Previous Episode: What Happens When Your Nonprofit IRS Status Is Revoked: https://birkenlaw.com/charity-therapy-podcast/ct142/ Episode Transcript: https://birkenlaw.com/wp-content/uploads/2025/07/CT143_Transcript.pdf Connect with Us Jess Birken: https://www.linkedin.com/in/jessbirken/ Meghan Heitkamp: https://www.linkedin.com/in/meghan-heitkamp-829254115/ Listen & Engage Listen on Apple Podcasts | Spotify | YouTube | Amazon Music Rate & Review on Apple Podcasts: Click "Ratings and Reviews" then "Write a Review" Send us your nonprofit questions: https://birkenlaw.com/podcast/#podcast-story Stay Connected Sign up for the Birken Law Email list: https://birkenlaw.com/signup Follow us on Facebook, Instagram, Twitter
Jul 24, 2025
22 min

Your nonprofit's 501(c)(3) status just got revoked – now what? Don't panic! Your organization still exists, but here's what you need to know. It's Jess Birken here, and I'm back with co-host Meghan to tackle one of the most common (and scary-sounding) nonprofit disasters: losing your tax-exempt status. Real Listener Question: "Our 501(c)(3) was revoked last year, and we have a community cleanup event coming up. Can we still do this event? Are we open to more liability?" We're breaking down the biggest misconception about revoked tax status – your nonprofit doesn't disappear when you lose 501(c)(3) status! Plus, we're calling out "Uncle Larry" (you know, that volunteer who promised to handle your 990s for free) and explaining why delegation doesn't absolve board responsibility. What You'll Learn: Why nonprofits lose tax-exempt status – the "three strikes" auto-revocation rule What revoked status actually means vs. what people think it means Whether you can continue operations and events without 501(c)(3) status The real liability risks (spoiler: probably not what you think) Why your insurance policies don't automatically change when status is revoked Board responsibility for compliance – delegation isn't abdication How to move forward without beating yourself up over past mistakes Bottom line: Losing 501(c)(3) status is like changing your tax filing status from "married" to "single" – you still exist, you just need to get your label back. Remember: This happens to small nonprofits all the time. You're not alone, and it's fixable. Focus on moving forward, not beating yourself up. Resources from this Episode IRS Auto-Revocation Information: https://www.irs.gov/charities-non-profits/automatic-revocation-of-exemption Form 990 Filing Requirements: https://www.irs.gov/charities-non-profits/form-990-resources-and-tools Previous Episode: Can Trump Revoke Harvard’s Tax Status? - https://birkenlaw.com/charity-therapy-podcast/ct138/ Episode Transcript: https://birkenlaw.com/wp-content/uploads/2025/06/CT142_Transcript.pdf Connect with Us Jess Birken: https://www.linkedin.com/in/jessbirken/ Meghan Heitkamp: https://www.linkedin.com/in/meghan-heitkamp-829254115/ Listen & Engage Listen on Apple Podcasts | Spotify | YouTube | Amazon Music Rate & Review on Apple Podcasts: Click "Ratings and Reviews" then "Write a Review" Send us your nonprofit questions: https://birkenlaw.com/podcast/#podcast-story Stay Connected Sign up for the Birken Law Email list: https://birkenlaw.com/signup/ Follow us on Facebook, Instagram, Twitter Share this episode with fellow board members who need this info!
Jul 10, 2025
18 min

Nonprofits - how do YOU communicate about the dreaded “overhead” expenses? You know that pie chart everyone uses to show how much money goes directly to programs? Yeah, I want to toss it out the window. We'll talk about why those “eight cents” on the dollar that cover essential administrative expenses are not wasted but actually crucial for keeping your nonprofit running smoothly. In this episode, we’re tackling a nonprofit pro’s question about updating an employee handbook. Should you hire a pro bono lawyer who DOESN’T do employment law or invest in an HR expert? Spoiler alert: Your uncle Larry, the PI lawyer, might not be the best fit here. It's all about making smart investments in your nonprofit's operations and HR to avoid headaches down the line. Trust me, you'll thank yourself later when you don't end up in a legal pickle. So, grab your headphones and join us for a lively chat about transforming how nonprofits communicate their spending to donors. We promise some laughs, a few rants, and a whole lot of practical advice. And remember, it's okay to spend money on things that keep your nonprofit running well! Let's rethink the way we tell our financial stories and embrace the true costs of running an amazing organization. In this episode, you will hear: Why you need to delete that outdated nonprofit overhead pie chart Whether pro bono is the right way to go with your employment law needs Some of our recommendations for tools to keep up with all the changing HR rules The real relationship between the back-office and your direct mission programming How you can REALLY communicate success to your donors What your fiduciary duties really have to do with all our worries about “overhead” Resources from this Episode Propel Article - A Graphic Re-Visioning of Nonprofit Overhead: https://propelnonprofits.org/blog/a-graphic-re-visioning-of-nonprofit-overhead/ The Five Whys: https://en.wikipedia.org/wiki/Five_whys Sign up for the Birken Law Email list: https://birkenlaw.com/signup/ Facebook page: https://www.facebook.com/birkenlaw Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.
Jun 26, 2025
21 min

On this episode of Charity Therapy, we’re answering the big question on a LOT of nonprofit leaders’ minds - what can the president really do to a nonprofit? We’re getting to the answer, but first - remember to take a deep breath and take care of yourself before taking any action for your nonprofit! There’s a lot of fear and uncertainty about what kind of measures the Trump administration could take against nonprofit. It’s easy to get lost in the conspiracy theories and “creative” ways to protect your mission. But no longer! Meghan and I break down the legal boundaries and explain why panic-driven decisions aren’t the way to go. We’re here to debunk myths about the government seizing assets. So, if you're feeling lost in today’s nonprofit landscape, join us for a dose of reassurance and a few laughs along the way. In this episode, you will hear: What powers the president has over individual nonprofits What circumstances (if any) that could lead to the government seizing nonprofit assets How nonprofit leaders can take care of themselves during times of stress Why some of the “creative ideas” to protect your nonprofit aren’t a good idea A simple and effective step you CAN take right now Resources from this Episode Listen to our episode about HR 9495: birkenlaw.com/charity-therapy-podcast/ct132 Sign up for the Birken Law Email list: birkenlaw.com/signup Facebook page: www.facebook.com/birkenlaw Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.
Jun 12, 2025
17 min

Welcome to another episode of Charity Therapy, where we tackle the chaos we're all experiencing at the IRS. In this episode, we're diving into the bewildering world of nonprofit tax exemptions. Imagine the IRS as a maze, and we're here to help you navigate it without losing your mind. We'll unpack why things are moving slower than molasses, from the recent leadership shuffle to the current eight-month wait for tax exemption applications. Dealing with the IRS isn't anyone's idea of a good time, but we're here to make it less painful. We’ll talk about how the revolving door of IRS commissioners is creating an atmosphere of uncertainty for the IRS. But don't worry, we have advice to help you handle these long wait times and the importance of precise tax filings. Remember, you're not alone in this—reach out for professional help if you need it. Finally, let's share some laughs and commiserate over the IRS adventures we’ve all faced. We invite you to share your own IRS stories, because who doesn't love a good tale of bureaucratic woe? . In this episode, you will hear: Why the IRS is taking forever (like eight months!) to process nonprofit tax exemption applications and how this affects you The chaotic leadership changes at the IRS The scoop on how this IRS turmoil impacts nonprofits and why your tax filings need to be spot-on right now Long waits and grumpy calls with the IRS, and why you should get your nonprofit paperwork right the first time Tips and tricks to streamline your nonprofit's tax exemption process and minimize stress during these uncertain times Resources from this Episode Download my 2025 Survival Guide: https://birkenlaw.com/2025-survival-guide Sign up for the Birken Law Email list: https://birkenlaw.com/signup/ Facebook page: https://www.facebook.com/birkenlaw Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.
May 29, 2025
15 min

In this episode of Charity Therapy, we’re tackling a big question from the headlines - can the President choose whether you get tax exemption? While President Trump may threaten a university like Harvard, what can he actually do? Meghan and I break down what the President can and cannot do with nonprofits AND what it would like to really lose your tax exemption. Spoiler alert - it’s not a quick process! In this episode, we’ll bust some myths and give you the lowdown on how these things really work and what to do if you ever find yourself in a sticky situation. Worried about the political winds shifting against your nonprofit? You’re not alone! We’re tackling those concerns head-on, especially for organizations whose missions might not sit well with the Trump administration. We’ve got your back with some solid strategies to stay resilient, like focusing on building strong relationships with donors and staying on top of IRS compliance. Remember, it’s not about panicking but being prepared and informed. The main message is this: don’t let fear take the wheel. Whether you’re worried about rule changes or just want to make sure your nonprofit is on solid ground, we’re here to guide you through it all with a smile and a bit of humor. So tune in, get comfy, and let’s navigate these political waters together! In this episode, you will hear: How the IRS goes about revoking an organization’s tax exempt status Whether the president can single-handedly revoke a nonprofit's tax status What powers the president really has in an executive order over nonprofits How nonprofits in hot-button mission areas can prepare to weather the storm of increased scrutiny under this administration The important preventative measures every nonprofit should be taking, no matter the political environment Resources from this Episode Download my 2025 Survival Guide: https://birkenlaw.com/2025-survival-guide Sign up for the Birken Law Email list: https://birkenlaw.com/signup/ Facebook page: https://www.facebook.com/birkenlaw Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.
May 15, 2025
22 min

Welcome to this episode of Charity Therapy! I'm Jess Birken, and today we're diving into the wild world of nonprofit leadership. I've got David Rhode, a super-smart nonprofit coach and author, joining me to give all kinds of advice for nonprofit executive directors. We're tackling a juicy listener question about a micromanaging board member who's causing a bit of a headache. Trust me, we've got some great strategies to share that'll help you balance gratitude with boundary-setting. Transitioning from a working board to a governing board can feel like trying to solve a Rubik's Cube in the dark, especially when leadership roles are changing. With David's guidance, we explore how to keep board members engaged by giving them roles that match their strengths. Don't worry, we've got tips on keeping things fair and professional, ensuring everyone knows their lane. And let's not forget the fun twists of gender dynamics and generational differences. David and I chat about the importance of continuous learning and having a support network. Plus, we've got some motivational pep talks for those days when you're just trying to keep your head above water. Tune in for some personal stories, professional advice, and a few laughs as we empower you to lead with confidence and cultivate a culture of respect in your nonprofit world. In this episode, you will hear: How to navigate the tricky waters of board dynamics and leadership Some no-nonsense tips on how to set boundaries with a board member How to transition from a working board to a governing board How to step into your role as the boss David’s advice for building your own support network How to stand up and claim your turf (respectfully!) What to do when doing the same things over and over again just won’t cut it anymore Resources from this Episode Buy David’s Book, Passion Isn’t Enough: https://dotdotorg.com/my-book Sign up for the Birken Law Email list: https://birkenlaw.com/signup/ Facebook page: https://www.facebook.com/birkenlaw Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.
May 1, 2025
27 min

Welcome to another episode of Charity Therapy, this time with the incredible Patrick Kirby! Together, we’re taking the fear out of fundraising. Patrick is here to help us shake off those common fundraising myths that might be holding us back. Think donations just happen magically once you get your C3 status? Or that fundraising is too intimidating? Think again! Patrick shows us how to embrace curiosity and see fundraising as a chance to make genuine human connections and grow your network. Plus, we chat about gearing up for the challenges of 2025, but with a positive twist! We celebrate the good vibes in nonprofit fundraising, focusing on stories of kindness that shine brighter than any doom and gloom news. Patrick, author of “Fundraise Like a 5th Grader,” shares how tapping into the enthusiasm and honesty of a fifth grader can transform your fundraising efforts. He also gives tips on effective communication to build stronger relationships with donors. We’re inviting you to join the conversation with your stories and feedback, so we can create a supportive community that uplifts one another. And hey, if you’ve enjoyed the nuggets of wisdom and the shenanigans in this episode, why not share it with a friend? A five-star review would also make our day! Got a question or story? We’d love to hear it! Reach out and let’s keep spreading those good vibes. Thanks for tuning in, and remember, fundraising doesn’t have to be scary—it can be a whole lot of fun when you have the right mindset and approach. See you next time! In this episode, you will hear: The big myths out there around nonprofit fundraising How to shift from fear to curiosity in fundraising How channeling your inner fifth grader is the secret to great fundraising Why your mindset and attitude make all the difference How to build a supportive community Resources from this Episode Buy Patrick’s new book: www.dogoodbetterconsulting.com/fundraiselikea5thgrader Do Good Better Consulting: www.dogoodbetterconsulting.com Sign up for the Birken Law Email list: birkenlaw.com/signup Facebook page: www.facebook.com/birkenlaw Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.
Apr 17, 2025
16 min

It's Jess Birken here, and I'm thrilled to have you join me and Meghan for this episode of Charity Therapy. We're diving into the world of DEI (that's diversity, equity, and inclusion), specifically about the Trump administration’s Executive Order 14151, which is causing quite a stir. In this episode, we're tackling the fears and misconceptions head-on. We’ve got a listener question - is it still allowed to start a nonprofit that focuses on BIPOC access in the arts? Short answer? Yes! But we’ll talk about what the executive order IS doing to nonprofits who focus on DEI. Plus, we’ll chat about why it's crucial to get accurate info and not just rely on the latest social media buzz. Remember, it's all about staying informed and confident in your mission, even when things seem a bit uncertain. Feeling a bit overwhelmed? You're definitely not alone. We all need a reminder to pause, breathe, and reach out for support when things get tough. So, let's get comfy and have a real talk about navigating these challenges together. And hey, if you know someone who needs a bit of encouragement, share this episode with them. We're all in this nonprofit journey together, and I'm here to help guide you through it. In this episode, you will hear: What Executive Order 14151 means for DEI in the federal government Whether nonprofits can still support DEI initiatives in 2025 and beyond Common misconceptions about DEI The real effect of Trump’s EO for nonprofits working with marginalized communities Resources from this Episode Sign up for the Birken Law Email list: https://birkenlaw.com/signup/ Facebook page: https://www.facebook.com/birkenlaw Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.
Apr 3, 2025
16 min

On today’s episode of Charity Therapy, Meghan and I are diving into nonprofit closures, especially when those COVID-19 EIDL loans are involved. If you’ve ever wondered what to do when your nonprofit has to shut down but you still owe Uncle Sam a bunch of cash, this episode is for you. What’s the deal with EIDL loans, and how do they affect your nonprofit when it’s time to close up shop? Meghan and I break it down, chatting about the steps you need to take and the legal stuff you might not have thought about. We’ll walk you through the ins and outs of handling these federal loans as your organization winds down. And trust me, even if you're not a legal whiz, you'll come away with a clearer understanding and maybe even a chuckle or two. Got questions or a story to share? We’d love to hear from you! Head over to our website and join the conversation. This is your chance to connect with others in the same boat and maybe get some solid advice to help you out. And remember, even when the going gets tough, you're not alone. We’re all figuring this out together, one step at a time. In this episode, you will hear: How to deal with those tricky EIDL loans when you’re considering dissolution The importance of understanding contracts, especially when financial troubles are looming How to responsibly close down your nonprofit, ensuring you've notified all your creditors The lowdown on EIDL loans: a big consideration if you're closing up shop Resources from this Episode Sign up for the Birken Law Email list: https://birkenlaw.com/signup/ Facebook page: https://www.facebook.com/birkenlaw Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.
Mar 20, 2025
15 min
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