May 6, 2021

During today’s NYS Council weekly Member Support and Public Policy call, a member brought up a relatively new requirement for nonprofits in which they must register with the Department of State and then send a package of information (much of which is already required by NYS Charities Bureau).  The information required for DOS is due by 5/15 for nonprofits that operate on a calendar fiscal year.  As you know, nonprofits are automatically granted an extension beyond the May 15 deadline by the Charities Bureau.  This provides more time for the organization to pull together the 990, CHAR 500 and other documents required by the Bureau.  

The DOS’ website tells nonprofits to file by May 15 if their fiscal year ended December 31. This would require nonprofits to prepare their annual tax filing 6 months earlier than the IRS requires, and to complete the agency audit a year earlier than the Charities Bureau requires. Over 300 organizations from across the state have signed on in support of this legislation. This bill would eliminate a new, redundant Department of State filing requirement for nonprofits registered with the Charities Bureau. 

Below is an advocacy request from Nonprofit New York asking for your help to push forward a bill currently moving far too slowly in the Legislature.  Kindly review the advocacy request and do everything you can TODAY to push lawmakers to pass A1141 / S 4817 immediately.  Also please consult the Targets list (below). If you are a constituent of one of the targeted lawmakers push them hard to move the bill ASAP.  Time is running out!

———- Forwarded message ———
From: Chai Jindasurat <cjindasurat@nonprofitnewyork.org>
Date: Thu, May 6, 2021 at 9:45 AM
Subject: Immediate action needed to advance A1141/S4817 to repeal new DOS tax filing requirement for nonprofits
To: Chai Jindasurat <cjindasurat@nonprofitnewyork.org>, Laura Abel <label@lawyersalliance.org>

Hi all,

Thank you so much for signing onto our legislative memo in support of A1141 (Paulin)/S4817 (Krueger). We are trying our best to move this bill out of committee and get it passed by the May 15th filing deadline. Unfortunately the bill has not moved and our legislators need to hear from you. Please call, e-mail and Tweet our targets (TODAY IF POSSIBLE). Legislators track how many calls and emails they receive in support of a bill to determine whether they will move it forward.

TARGETS:

Assemblymember Kenneth Zebrowski (Chair of Government Operations):
Albany Office: 518-455-5735
District Office: 845-634-9791
Email: ZebrowskiK@nyassembly.gov
Twitter: @kenzebrowski_ny

Assemblymember Amy Paulin (A1141 bill sponsor):
Albany Office: 518-455-5585
District Office: 914-723-1115
Email: paulina@assembly.state.ny.us
Twitter: @AmyPaulin

Senator Elizabeth Krueger (S4817 bill sponsor):
Albany Office: 518-455-2297
District Office: 212-490-9535
Email: lkrueger@nysenate.gov
Twitter: @LizKrueger 

Sample messaging (phone and email):

Dear [LEGISLATOR],

I am writing to you today from [YOUR ORGANIZATION]. We need S4817 (Krueger) /A1141 (Paulin) passed before May 15th, in order to avoid a redundant new tax filing requirement for nonprofits that we are unprepared for. The DOS’ website tells nonprofits to file by May 15 if their fiscal year ended December 31. This would require us to prepare our annual tax filing 6 months earlier than the IRS requires, and to complete our audit a year earlier than the Charities Bureau requires. Over 300 organizations from across the state have signed on in support of this legislation. This bill would eliminate a new, redundant Department of State filing requirement for nonprofits registered with the Charities Bureau. This pandemic year is a particularly bad time to impose mindless bureaucratic burdens on nonprofits.  We are also concerned that the privacy of our major donors will suffer unless this law is passed, to make clear that their identities should not be disclosed in response to a FOIL request.

We urge you to please move this bill out of committee and pass it as soon as possible.

Sample Tweet:

#Nonprofits need S.4817/A.1141 to pass before May 15th to avoid a new, redundant DOS tax filing requirement. Over 300 organizations support this legislation. Pls pass it now! https://p2a.co/d3yvkvj

Communications going out

Please also feel free incorporate our mobilizing messaging into any comms you have going out: 

DOS tax filing repeal call to action

Take action to repeal the new, redundant Department of State filing requirement for nonprofits registered with the Charities Bureau. The DOS’ website tells nonprofits to file by May 15 if their fiscal year ended December 31. This would require nonprofits to prepare our annual tax filing 6 months earlier than the IRS requires, and to complete our audit a year earlier than the Charities Bureau requires. S4817 (Krueger) /A1141 (Paulin), would eliminate the duplicate Department of State filing requirement. Thank you to Assemblymembers Paulin, Magnarelli, McDonough, Giglio JM, Gonzalez-Rojas, Epsten, Burdick and ‘Donnell, and Senators Krueger, Comrie, and Hoylman for supporting this bill .

Don’t see your representative on this list? Contact them today!

We are working to pass this bill before the May 15th filing deadline and need your support!

Contact your legislator! https://p2a.co/gT8LJKG 

Sign on to our legislative memo: https://p2a.co/d3yvkvj 

Feel free to use the attached legislative memo of support that has over 300 signatories.

Thank you!