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501(c)(3) & Tax-Exempt Organization Counsel

Nonprofit Tax Strategy & Governance Advisory.

Executive Thesis & Direct Answer

Nonprofit Tax Strategy & Governance Advisory is an executive-level tax advisory service that safeguards the tax-exempt status and financial integrity of 501(c)(3) charities and private foundations. Because IRS Form 990 is a public disclosure document scrutinized by major donors, grantmakers, Charity Navigator, and regulatory watchdogs—not merely an informational tax filing—strategic structuring and narrative positioning carry profound organizational consequences. Drawing on 25+ years of senior practice experience and past service as financial controller for a national non-profit corporation, Alan Balmer, CPA provides board-level advisory, public support defense (Schedule A), and Unrelated Business Income Tax (UBIT / Form 990-T) mitigation. The outcome is unassailable regulatory standing, optimized tax-exempt posture, and elevated donor confidence.

Licensed Texas CPA (TSBPA #042918)
25+ Years Senior Tax Counsel & Former Controller for a National Non-Profit
Board Attendance, Fiduciary Guidance & Strategic Form 990 Structuring
Direct Senior CPA Advisory — Zero Junior Delegation
Strategic Inflection Points

Critical Decision Triggers: When You Need Counsel.

Operating without proactive strategy risks unnecessary taxes, penalties, and audit friction. These are the specific turning points when engaging senior counsel changes your financial outcome.

01

Revenue or Asset Growth Forces Full Form 990

Your gross receipts crossed $200,000 or total assets crossed $500,000, legally requiring you to graduate from the simplified Form 990-EZ to the exhaustive 12-part, multi-schedule full Form 990.

02

Your Public Support Percentage Is Slipping (Schedule A)

A few large donations from a single family or foundation are threatening your "public charity" status, risking reclassification as a heavily restricted private foundation.

03

You Launched Commercial Revenue Activities (UBIT Exposure)

Your organization sells merchandise, rents facilities, carries paid advertising in newsletters, or provides consulting services, triggering potential Unrelated Business Income Tax (UBIT) under IRC § 511.

04

Executive Compensation Transparency Concerns

The IRS has placed intense scrutiny on Schedule J executive compensation, requiring documented board approval under the rebuttable presumption of reasonableness to avoid personal intermediate sanctions (IRC § 4958).

05

Previous Accountant Treated Form 990 as an Afterthought

Your commercial CPA files your 990 late every year, treats it like a generic corporate tax return, and fails to optimize the narrative sections that donors review.

Representative Turning-Point Scenarios

Real-World Case Precedents

Scenario A: Defending Public Charity Status (Schedule A)
Senior Precedent

A rapidly growing North Texas educational 501(c)(3) received an unexpected $450,000 endowment from a founding board member. While transformative for operations, the large donation threatened to dilute their public support percentage below the statutory 33.3% test on Schedule A, which would have triggered reclassification as a private foundation with annual net investment taxes and distribution mandates. Alan conducted a multi-year lookback support analysis, successfully applied the "unusual grant" exclusion rules under Treasury Regulation § 1.170A-9, and preserved their public charity status without penalty.

Scenario B: Resolving Unrelated Business Income Tax (UBIT)
Senior Precedent

A regional non-profit acquired a commercial building, utilizing 40% for community programs and renting the remaining 60% to private commercial tenants subject to an underlying mortgage. Their previous preparer failed to file Form 990-T, unaware that debt-financed property rental income constitutes taxable unrelated business income under IRC § 514. Alan restructured the expense allocation between exempt and commercial square footage, filed retroactive Form 990-T returns with legitimate depreciation write-offs, and eliminated over $28,000 in proposed back taxes and interest.

Jurisdictional Strategy

Texas & Multi-State Jurisdictional Scope

Tax outcomes depend not just on federal codes, but on how state statutes, residency tests, and cross-border apportionment rules intersect. Alan Balmer, CPA leverages decades of nationwide practice to construct defensive, multi-jurisdiction frameworks.

TSBPA License #042918 Argyle, Texas

Texas Sales Tax & Franchise Tax Exemptions

Federal 501(c)(3) status does not automatically grant state tax exemption in Texas. Non-profits must formally apply for and maintain separate state exemptions with the Texas Comptroller of Public Accounts. Alan ensures your state exemption portfolio remains active.

Texas Attorney General Charitable Trust Oversight

Non-profits operating in Texas are subject to review by the Charitable Trusts Section of the Texas Office of the Attorney General. We ensure fiduciary accounting and endowment expenditures comply with the Texas Uniform Prudent Management of Institutional Funds Act (UPMIFA).

Multi-State Charitable Solicitation Registration

If your organization fundraises online or receives donations from citizens in multiple states, you are subject to individual state charitable solicitation registration statutes. Alan coordinates multi-state filing disclosures.

Comparative Analysis

Decisions & Tradeoffs: Strategic Reality.

Every tax decision involves tradeoffs between cash liquidity, audit exposure, compliance complexity, and permanent tax savings.

Form 990 Filing Tier Eligibility Thresholds Complexity & Primary Regulatory Focus
Form 990-N (e-Postcard) Gross receipts normally $50,000 or less. 8 basic questions filed electronically. Verifying continued existence; revocation if missed 3 years.
Form 990-EZ Gross receipts <$200,000, AND total assets <$500,000. 4-page abbreviated return. Basic revenue verification, program accomplishments, officers.
Full Form 990 Gross receipts ≥$200,000, OR total assets ≥$500,000. 12-page core return plus up to 16 complex schedules. Public scrutiny, governance, executive pay.
Form 990-PF All Private Foundations (regardless of revenue). 13-page return tracking 1.39% net investment excise tax, 5% distribution mandates, self-dealing bans.
Form 990-T Any exempt organization with gross UBIT of $1,000 or more. Separate corporate tax return calculating 21% tax on commercial activities and debt-financed property.
Client Alignment

Who This Is For. And Who It Is Not For.

We maintain absolute alignment with our clients. Selective engagements ensure maximum focus, strategic depth, and high-value results.

Ideal Fit Criteria

  • Community non-profits, healthcare foundations, arts organizations, and social service providers with annual budgets between $150,000 and $10,000,000+.
  • Endowed family foundations requiring compliant Form 990-PF filing, 5% annual distributable amount tracking, and grant verification.
  • Organizations scaling revenue, expanding endowment capital, or crossing major IRS Form 990 disclosure thresholds.
  • Trustees, Treasurers, and Audit Committees demanding independent CPA review of internal controls, policies, and executive compensation transparency.

Who This Is Not For

  • Tiny micro-charities eligible for simple Form 990-N e-Postcards where full professional CPA compliance would consume disproportionate program funds.
  • Highly specialized political campaign entities requiring distinct FEC campaign finance compliance.
  • Entities attempting to use a tax-exempt charter as an illegal private tax shelter for founders (strict adherence to IRC § 501(c)(3) enforced).
Tangible Value

What Alan Balmer Delivers.

When you partner with Alan Balmer, PC for Nonprofit Tax Strategy and Governance Advisory, you receive high-level consultative deliverables:

01

Form 990 Strategic Architecture & Disclosure Blueprint

Comprehensive structural review, schedule optimization, and executive narrative structuring to ensure public disclosures (Parts I–XII and triggering schedules) showcase program excellence while eliminating audit triggers.

Institutional Deliverable
02

Schedule A Public Support Multi-Year Forecast

Rigorous 5-year mathematical calculations modeling public support percentages, identifying large donor threshold limits, and securing unusual grant exclusions.

Institutional Deliverable
03

Unrelated Business Income Tax (UBIT) Strategy & Form 990-T Structuring

Operational review identifying potential commercial revenue activities, structuring expense allocations for dual-use facilities, and developing defensive posture under IRC §§ 511–514.

Institutional Deliverable
04

Governance & Conflict of Interest Policy Review

Review of key Part VI governance disclosures (whistleblower policy, document retention, executive compensation independent review process, conflict of interest enforcement).

Institutional Deliverable
05

Board Governance & Fiduciary Advisory

Strategic counsel, executive presentations, and attendance at Board of Directors or Finance Committee meetings to guide tax-exempt policy, public disclosures, and conflict-of-interest compliance.

Institutional Deliverable
Custom Scope

Tailored Scope for Your Situation

Have a unique transaction, multi-entity portfolio, or complex interstate requirement? Alan Balmer structures bespoke scopes designed around your exact capital timeline.

Cooperative Rigor

What the Client Must Provide

Elite tax strategy is a collaborative partnership. Defensible tax posture requires complete, timely operational records.

Requirement 01 01

Reconciled Year-End Trial Balance & General Ledger

Complete financial statements categorized according to functional expenses (Program, Management/General, and Fundraising).

Requirement 02 02

Major Donor & Contribution Records (Schedule B)

Detailed donor records of all contributions exceeding $5,000 (or 2% of total support), necessary for Schedule B and public support calculations.

Requirement 03 03

Board Minutes & Governance Policies

Copies of board minutes documenting major transactions, officer elections, and formal executive compensation approvals.

Requirement 04 04

List of Key Employees, Officers & Highest Compensated Individuals

Complete compensation figures (W-2 wages, retirement benefits, health insurance, and non-taxable perks) for all officers and key management personnel.

Linear Execution

The Engagement Process.

A disciplined, four-stage progression from preliminary mutual-fit review to finalized blueprint delivery.

01 Stage 01

Mutual Fit Consultation (Text or Email)

Contact Alan directly via text or email at 641.233.1036 or alan@alanbalmerpc.com. Consultations are complimentary and scheduled at Alan's discretion following an initial direct review to confirm mutual fit.

Phase 01 Protocol
02 Stage 02

Governance & Support Diagnostic

We review your past three Form 990 filings, functional expense allocations, and Schedule A percentages to identify compliance vulnerabilities.

Phase 02 Protocol
03 Stage 03

Strategic Structuring & Narrative Crafting

We structure the Form 990 package, calculate complex schedules, and draft polished program descriptions that reflect organizational excellence.

Phase 03 Protocol
04 Stage 04

Board Advisory & Filing Directives

Alan delivers the completed Form 990 blueprint and public inspection disclosures, presents key tax positions to the Board of Directors if requested, and provides directives for seamless electronic filing.

Phase 04 Protocol
Investment Mechanics

Fee Structure & Models

$
Flat project fee or fixed annual or quarterly advisory retainer, finalized after a free, no-cost, no-obligation consultation.
  • Engagement Models: Nonprofit tax advisory is engaged on either a flat project fee (for Form 990 strategic structuring, public support reviews, or UBIT modeling) or a fixed annual or quarterly advisory retainer for ongoing board counsel and governance guidance.
  • Budget Predictability: Non-profit boards require strict budget discipline. Our fees are fixed and predictable, eliminating surprise hourly billing.
  • Finalized After Free Consultation: The exact project fee or retainer investment is finalized after a free, no-cost, no-obligation consultation with Alan Balmer, CPA.
Authority & Track Record

Proof, Precedent & Experience

25+ Years of Senior Practice Experience

With 25+ years of senior practice experience and past service as financial controller for a nationally recognized non-profit corporation, Alan Balmer brings an unmatched dual perspective—combining technical CPA tax rigor with deep insider understanding of non-profit boardrooms, multi-million-dollar budgets, and public donor scrutiny.

Deep Understanding of Non-Profit Reality

Unlike traditional commercial accountants who treat Form 990 like an ordinary corporate return, Alan understands the operational realities of charitable non-profits—restricted vs. unrestricted grants, endowment accounting, and donor transparency.

100% CPA Accountability

Your Form 990 is a public window into your organization’s integrity. At Alan Balmer, PC, every line item, functional expense ratio, and governance answer is reviewed personally by Alan Balmer.

Direct Answers

Frequently Asked Questions.

Clear, definitive answers to common strategic questions regarding this practice area.

Who can view my organization’s Form 990?
Anyone. By federal law (IRC § 6104), an exempt organization’s Form 990 must be made available for public inspection. Furthermore, copies are automatically indexed and published online by GuideStar, ProPublica NonProfit Explorer, and Charity Navigator. Major foundations and high-net-worth donors review Form 990 before writing substantial grants.
What is the deadline to file Form 990?
Form 990 is due on the 15th day of the 5th month after the close of the organization's fiscal year (May 15 for calendar-year organizations). An automatic 6-month extension can be requested by filing Form 8868, extending the deadline to November 15.
What happens if an organization fails to file Form 990?
If an organization fails to file Form 990 for three consecutive years, the IRS automatically revokes its tax-exempt status by law. Reinstatement is expensive, time-consuming, and leaves the organization vulnerable to income tax liabilities during the revoked period.
What is an "unusual grant" on Schedule A?
An unusual grant is a substantial contribution from a disinterested party that was attracted by the publicly supported nature of the organization and is so large that it would distort the organization’s public support percentage. Under Treasury Regulations, qualified unusual grants can be excluded from Schedule A calculations, protecting your public charity status.
When does a nonprofit owe Unrelated Business Income Tax (UBIT)?
An organization owes UBIT if it regularly carries on a trade or business that is not substantially related to the furtherance of its exempt purpose. Common examples include commercial facility rentals, selling merchandise unrelated to the mission, or commercial advertising. If gross UBIT exceeds $1,000, Form 990-T must be filed and taxes paid at the corporate tax rate of 21%.
Primary Authorities & Statutory Framework

All advisory modeling, election filings, and structural recommendations in this practice area adhere strictly to the Internal Revenue Code, Treasury Regulations, and relevant state statutory codes:

  • § Internal Revenue Code § 501(c)(3) (Tax-Exempt Organizations)
  • § Internal Revenue Code § 509(a) (Private Foundation Definitions & Public Charity Status)
  • § Internal Revenue Code §§ 511–514 (Unrelated Business Income Tax)
  • § Internal Revenue Code § 4958 (Taxes on Excess Benefit Transactions - Intermediate Sanctions)
  • § Treasury Regulation § 1.170A-9 (Definition of Publicly Supported Organizations)
  • § Texas Business Organizations Code (BOC) Chapter 22 (Nonprofit Corporations)
TSBPA Firm ID #042918 Compliance Standard Last Regulatory Verification: September 2026
Direct Senior Counsel

Ready to Discuss Your Tax Strategy?

Consultations are complimentary and scheduled directly with Alan Balmer, CPA following an initial direct review to confirm mutual fit.

Screened Consultation Action Protocol
Direct CPA Engagement
1
Initial Direct Outreach Contact Alan directly via text or email at 641.233.1036 or alan@alanbalmerpc.com.
2
Mutual Fit & Scope Review Consultations are complimentary and scheduled at Alan's discretion following an initial direct review to confirm alignment and complexity fit.
3
Objective Strategic Roadmap Receive an objective evaluation of your tax posture with a clear flat project or advisory retainer proposal—never surprise billable hours.