Welcome to your daily briefing on nonprofit developments in Delaware. Today we're covering 5 key stories including updates on delaware nonprofit headlines, background & context. Let's dive in.
2 stories
The IRS has published Delaware-specific filing guidance for organizations seeking or maintaining tax-exempt status.
Delaware nonprofit professionals need accurate state-level filing requirements to maintain compliance and avoid penalties.
Delaware First Health and the Centene Foundation have launched an open submission period for community-based organizations and providers across Delaware to apply for funding through June 13, 2025.
This creates a timely funding opportunity for Delaware nonprofit professionals serving community health needs.
Reach professionals in this market
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Form 990 is required to be made public by the filing organization on request and is indexed by ProPublica and others within weeks of filing. Sections most boards underestimate: Schedule J (top-staff compensation), Schedule L (transactions with interested persons), and Schedule O (narrative explanations that "soften" other answers). Donors and reporters read these.
Items that read fine in management's narrative often read very differently in print. Pre-filing review by a non-finance board member catches optics issues that a CFO will not.
Donor-restricted gifts must be tracked separately and used only for the restricted purpose; using them for general operations — even with intent to "pay back" later — is a fiduciary breach and an audit finding. The most-common fact pattern: cash-flow shortage in operations, restricted-grant balance available, transfer "borrowed" with no formal repayment plan.
State attorneys general have authority over restricted-gift compliance and have pursued individual board members and executives. Auditors are required to disclose restricted-fund violations in the management letter.
Unrelated business income tax applies when an activity is regularly carried on, is a trade or business, and is not substantially related to the exempt purpose. Common surprises: corporate-sponsored events with naming rights that look like advertising, affinity credit-card royalties that include co-marketing services, and gift-shop sales of items unrelated to the mission.
UBIT exposure can cost both tax and exempt status if the unrelated business becomes substantial. The line between sponsorship (excluded) and advertising (included) is narrow and case-specific.
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