State level

Worker Misclassification and Nonprofits

The N.C. General Assembly is considering a bill (H.B. 482) that would create new penalties for nonprofits and businesses that improperly classify their workers as independent contractors rather than employees. Nonprofits that misclassify their employees and fail to provide benefits such as workers’ compensation or unemployment insurance benefits could face fines ($1,000 per misclassified worker) and could be barred from state contracts for five years.

Suggestions for Employment Status to State Legislators

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Comments of David Heinen of the North Carolina Center for Nonprofits House Judiciary II Subcommittee on H.B. 482 – Tuesday, July 28, 2015

Thank you Mr. Chair.

On behalf of the North Carolina Center for Nonprofits, I wanted to bring to your attention a potential unintended consequence of the employee misclassification reform bill (H.B. 482) that could affect nonprofits. I was hoping the subcommittee would be amenable to a small clarifying change in a PCS.

Nonprofits and tax reform

The General Assembly is in the final stages of its efforts to restructure North Carolina's tax system.  The House and Senate are considering different version of legislation (H.B. 998) to lower tax rates and simplify the state tax system. It is essential that tax reform not harm nonprofits. Specifically:

State Budget 2016

 

On May 19, the House of Representatives gave final approval to its version of the state budget (H.B. 1030) for FY 2016-17. Overall, the House budget, which passed with a 103-12 vote, would maintain or increase most state funding for nonprofits. Some highlights for nonprofits include:

Suggestions for Simplifying State Nonprofit Tax Laws

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Problem #1: The sales tax refund process is less efficient than a system of tax exemption

Problem #2: State law allows the IRS to arbitrarily deny sales tax refunds to some North Carolina nonprofits

Problem #3: Nonprofits are confused whether they need to collect and remit sales tax on their fundraising events

Problem #4: The exemption from sales tax on admission fees for “volunteer-only” nonprofits is confusing and unnecessary