Form 990 Policy Series

The newly redesigned Internal Revenue Service Form 990, informational return for tax-exempt organizations, asks filers about the governance policies and procedures they have in place.  In order to address the governance issues in the Form 990, in March 2009, a group of lawyers, all members of the California bar and practicing nonprofit law (the "Form 990 Policy Series Group"), was formed.

The resulting Form 990 Policy Series Memoranda include form policies, with a discussion of why various provisions might be used by a particular type or size of organization. Equally importantly, the Memoranda include rationales for adoption of the policies, including references to applicable statutes and regulations, and procedures for legal counsel to use in advising their clients on drafting and adopting such policies.

The Form 990 Policy Series Memoranda completed to date are those regarding: 

Compensation
[Click here to download full memorandum] [Click here for sample policy in Word form for editing]

Conflict of Interest
[Click here to download full memorandum] [Click here for sample policy in Word form for editing]

Conservation Easements
[Click here to download full memorandum] [Click here for sample policy in Word form for editing]

Document Retention and Destruction
[Click here to download full memorandum] [Click here for sample policy in Word form for editing]

Form 990 Review
[Click here to download full memorandum] [Click here for sample policy in Word form for editing]

Fundraising
[Click here to download full memorandum] [Click here for sample policy in Word form for editing]

Gift Acceptance
[Click here to download full memorandum] [Click here for sample policy in Word form for editing]

Independent Governing Body
[Click here to download full memorandum] [Click here for sample policy in Word form for editing]

Investment
[Click here to download full memorandum] [Click here for sample policy in Word form for editing]

Joint Ventures
[Click here to download full memorandum] [Click here for sample policy in Word form for editing]

Mission Statement
[Click here to download full memorandum]

Public Disclosure
[Click here to download full memorandum] [Click here for sample policy in Word form for editing]

Whistleblower
[Click here to download full memorandum] [Click here for sample policy in Word form for editing]

The Form 990 Policy Series Group intends to develop additional Memoranda dealing with Endowments; Consistent Operation of Chapters/Affiliates/Branches; and Financial Statements/Audit Policy.  It is intended that, in addition to being made available on the web, the Form 990 Policy Series, comprised of all completed Memoranda, will be published in book form.                 

Public Counsel is honored to partner with the Form 990 Policy Series Group to make these resources available to lawyers who advise nonprofits.