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Refusal to Provide Treasure's Report

18 years 5 months ago #103853 by Critter
I know for sure, a 501c3 must give you a copy of their Form 990/990EZ, the annual "tax" return the group must send to the IRS. The 990 basically shows where the money for the year came from, and where it went. Unfortunately, if your group isn't a federally registered 501c3, there won't be a 990. You could pursue this with the IRS, but you might make more trouble for the group than you intend. It's possible ---and I'm JUST speculating---that the IRS could start investigating your PTO and discover that it is dilinqunet in filing for its 501c3. This could (just speculating again) expose your PTO to fines and penalties for failure to pay back taxes since if the PTO isn't a registered tax-exempt 501c3, it is considered a small business...subject to income tax. Be careful what you wish for. Hopefully you can resolve this problem without irreperable damage to your group - finanically or internally.
18 years 5 months ago #103852 by <smartcookie>
Replied by <smartcookie> on topic RE: Refusal to Provide Treasure's Report
That is correct, non profit corps have disclosure laws they MUST adhere to. You do NOT need a lawyer to gain access to the docs.

And, if they are doing something not in accordance to 'da rules' there are steps a layperson can take, and confidentiality is guaranteed, to report the incorrect behavior/file a complaint about non disclosure or anything else they may be doing not quite right.

I am sure the IRS wesbites or the 1 800 nr, non profit section, can help you further in this regard, or anyone on this BB that has previously reported 501c3 non compliance to the authorities.
18 years 5 months ago #103851 by momfirst
Replied by momfirst on topic RE: Refusal to Provide Treasure's Report
My original post was as "smartcookie" and I have had to change my login name twice, hopefully "firstmom" will be the last change...

In any case, I do not plan to lay low. I have sent a certified letter to each member with my request and have given them until the beginning of the new school year. I went to the IRS web site and it states in publication 4220 that a 501(c)3 has certain disclosure requirements that must be made available to the public. Isn't this enough to force some kind of accountability? Must I also seek an attorney to receive something from this PTO board?
18 years 5 months ago #103850 by <smartcookie>
Replied by <smartcookie> on topic RE: Refusal to Provide Treasure's Report
Dr Phil says, those who have nothing to hide, hide nothing.
Sounds like someone is hiding something from what youve described.
Keep asking, you will find the answer as to why your request was refused. You have every right to the info.
18 years 5 months ago #103849 by PerusingwithCoffee
You mentioned that the Board is stepping down. I would start by running for an officer's position (and getting like thinking parents in there with you)

Do they have any type of ByLaws? Not that it would seem they would particularly care to share them, but how are elections run?

Our PTO had its own treasurer issues which I brought out to the forefront for 3 years before the officers did something. I believe they felt threatened by my inquiries. The first thing probably going thru their minds "if as a general member they're thinking stolen funds, why didn't we see it?, Does she think we're a part of it?..." I was seen as a pesky questioner who must only see the negatives. That wasn't it at all, I just had questions...

As the years have progressed and they have realized that I had legitimate concerns and wasn't blanket accusing, they eased up and I was voted in as treasurer. The first thing I did was start giving out reports. Not just a copy of the check register, but where we were in our budgets as well.

So don't get over zealous when it doesn't seem to be moving as quickly as you would like, but don't back down either. Simply keep moving forward and stay involved.
18 years 5 months ago #103848 by <smartcookie>
Replied by <smartcookie> on topic RE: Refusal to Provide Treasure's Report
I have gone full circle with this treasure's report and followed the advice of CRITTER ;) and MYKIDSMOM [img]smile.gif[/img] and still no treasure's report. I did go to the principal last week as a courtesy to notify her that I was still going to persue this request from PTO. I have now waited over a month and finally sent a certified letter to a few board members and a copy to the principal, my attorney and my CPA. To my knowledge, the principal had a meeting with the board and it was decided that since they are not PTA and they write their own terms as a PTO, that I would still not receive a copy of this treasure's report as I was barking up the wrong tree. Hmmmmmmmm?? :confused:
Where do I do from here? Did I mention, I work in the office at our school, and have 2 children who attend this school. :rolleyes:
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