Legal Question in Business Law in California

can a sober living be a non profit? What if it makes a lot of money.. Can the directors have big salaries?


Asked on 9/24/10, 1:13 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

1. Yes.

2. They make tons of money.

3. Lots of directors of "non-profits" make oodles of money in salaries. That's how they avoid making a profit.

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Answered on 9/29/10, 1:16 pm

Mr. Stone is a cynic, which I generally like, but not very well versed in non-profit law, it seems. First off, non-profits can lose their non-profit status if a majority of the directors are interested persons, meaning anyone who themselves or through a family member, receives pay from or does business with the non-profit. Second, non-profits lose their non-profit status if the IRS finds that they are being run for private benefit, meaning you cannot make yourself non-profit just by paying out the profits in salaries. That is called a partnership or S-Corp. Third, the IRS is VERY good at sniffing out fake non-profits. And lastly, the officers of non-profits that make a lot of money are managing huge non-profits. The average mid-level non-profit (around $1-5 million annual budget) even in the high cost of living S.F. Bay Area, pays it's highest paid officer (usually the Executive Director) considerably less than $100,000/yr.

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Answered on 9/29/10, 1:26 pm


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