When a nonprofit makes "too much money"—generating a surplus of revenue over expenses—it is perfectly legal, provided the funds are reinvested into the organization’s mission rather than benefiting private individuals. Excess funds can be used to build operating reserves, expand programs, hire staff, or invest in new equipment.
The IRS permits nonprofits to generate surplus funds, as long as those funds are then reinvested into activities that support the mission of the organization. The IRS has no issue with profit - rather they have an issue with that profit benefiting individuals, such as your staff or nonprofit board of directors.
Below are a few different areas where a surplus of nonprofit cash can be applied.
There is no legal requirement that nonprofit, tax-exempt organizations spend all their funds and there is no limit on the amount of funds that may be carried over to subsequent years.
The "33 rule" for nonprofits usually refers to the IRS Public Support Test, requiring 501(c)(3) public charities to show they receive at least one-third (33 1/3%) of their support from the general public or other public charities over a five-year rolling period, distinguishing them from private foundations by ensuring broad community reliance. This is crucial for maintaining public charity status, involves reporting on Form 990 Schedule A, and can be passed through meeting the 10% "facts and circumstances" test if the main test is missed.
There is no cap on nonprofit executive compensation. However, nonprofits must list the names and salaries for executives and other high-paid employees who make over $100,000 a year on their yearly 990s. IRS Form 990 is the tax return for nonprofit organizations.
Under IRS rules, for 501(c)(3) organizations, revenue from the nonprofit cannot inure to the benefit of a shareholder or individual. There is an exception, however, that allows the nonprofit to pay reasonable compensation to staff members and others who provide services to the nonprofit.
The short answer is that there is no limit to the amount of money nonprofits can keep in reserves. As long as it can be proved that funds are being used to advance the nonprofits' mission, then the money can be directed as the nonprofit wishes.
No part of the net earnings of a section 501(c)(3) organization may inure to the benefit of any private shareholder or individual. A private shareholder or individual is a person having a personal and private interest in the activities of the organization.
Having large amounts of cash is not illegal, but it can easily lead to trouble. Law enforcement officers can seize the cash and try to keep it by filing a forfeiture action, claiming that the cash is proceeds of illegal activity. And criminal charges for the federal crime of “structuring” are becoming more common.
The 80/20 rule (Pareto Principle) for nonprofits suggests that roughly 80% of results come from 20% of causes, most commonly meaning 20% of donors provide 80% of donations, but it also applies to programs, volunteers, and marketing efforts, guiding organizations to focus resources on high-impact areas like major donors or effective programs for greater efficiency and fundraising success. It emphasizes donor stewardship, program evaluation, and targeted communications to maximize impact, though some argue for diversifying away from over-reliance on a small donor base.
Common Mistakes Non-Profits Make
Failing to File Form 990: The IRS automatically revokes tax-exempt status if you miss three years in a row. Mixing Funds: Using nonprofit funds for personal expenses can trigger investigations.
In fact, the median salary for chief executives at California nonprofits is only $88,005, according to a recent survey by the Center for Nonprofit Management, which I head. And nonprofit leaders are sharply underpaid compared to CEOs of forprofit businesses of similar size.
The real data from National Center on Charitable Statistics reveals that approximately 30% of nonprofits fail to exist after 10 years, and according to Forbes, over half of all nonprofits that are chartered are destined to fail or stall within a few years due to leadership issues and the lack of a strategic plan, among ...
The "33 rule" for nonprofits usually refers to the IRS Public Support Test, requiring 501(c)(3) public charities to show they receive at least one-third (33 1/3%) of their support from the general public or other public charities over a five-year rolling period, distinguishing them from private foundations by ensuring broad community reliance. This is crucial for maintaining public charity status, involves reporting on Form 990 Schedule A, and can be passed through meeting the 10% "facts and circumstances" test if the main test is missed.
If the nonprofit is sued and lacks the proper planning and protection, you could lose your savings, your home and other assets. Nearly two out of three nonprofits reported a Directors & Officers liability claim within the past 10 years.
Earning too much income generated from unrelated activities can jeopardize an organization's 501(c)(3) tax-exempt status. This income comes from a regularly carried- on trade or business that is not substantially related to the organization's exempt purpose.
“Can I legally pay myself a salary from my nonprofit?” Yes, founders, board members, and nonprofit employees can earn a salary. But the IRS has strict rules on how much you can be paid, how the salary must be approved, and how to avoid private inurement or loss of tax-exempt status.
Check out where nonprofit bosses are getting crazy-high salaries:
Best Practices For Nonprofit Salaries And Wages
Thus far, we've shared that nonprofit founders and employees do in fact get paid, but the salaries must be considered fair compensation. In addition to involving the Board in salary decisions, we've gathered a few best practice tips for handling salaries and wages.
Attracting and retaining qualified employees and talented employees requires fair and competitive compensation. Paid employees are essential for organizational success, yet many nonprofits in the nonprofit sector face challenges in offering competitive pay due to resource limitations.
Tax-exempt charitable nonprofits, like all other employers, are required to follow federal and state wage and hour laws that require employers to pay minimum wage. At the upper end, compensation must be "reasonable" and not "excessive," which is a fundamental requirement of maintaining tax-exempt status.