[Jordan]

To access large unexpected gifts, we built a realistic multi-year budget, strengthened financial reporting/reserves, and showed measurable programmatic impact.

[Jordan]

Most parts of the executive order are pretty cool. I don’t think we will have any issue with that from our end.

[Jordan]

Yes, we went through this some years ago (established a NICRA with our cognizant agency). A few things that helped:

• Confirm your cognizant agency first: for most nonprofits it’s HHS (Division of Cost Allocation) or your largest federal funder if HHS isn’t it. This determines who you’re actually negotiating with.
• 2 CFR 200 Appendix IV is your bible for allowable methodology. Read it before you draft anything.
• Decide between a provisional/final rate vs. the 10% de minimis: if your indirect costs are much higher than 10%, it’s worth the lift; if you’re borderline, de minimis may not be worth the paperwork.
• You’ll need a solid cost allocation plan and a clean base. Get your base definition right early; it drives everything downstream.
• HHS has a decent indirect cost rate proposal checklist and sample formats on the DCA website; use their template rather than building from scratch.
• Budget for it taking 3–6 months minimum from submission to negotiated agreement, sometimes longer if there’s back-and-forth.
• If you have the budget, a consultant who’s done NICRA negotiations before can save you multiple rounds of revisions. HHS reviewers are picky about base/pool consistency.

Happy to share the checklist we used if that would help

[Jordan]

A few colleagues have also reported this vague “risk” language with no specifics, right around orgs with equity-focused missions. Try documenting the denial in writing and asking for the underwriting criteria they used. If they can’t produce one, that’s telling. Another suggestion is to look at mission-aligned or nonprofit-specific processors (e.g., through your community foundation or a CDFI) rather than relying on the big-name platforms right now.

[Jordan]

Hi Jamie,

Based on what you’ve described, there are a few separate issues here: state nonprofit status, federal tax-exempt status, and disclosure requirements. A California nonprofit corporation is not automatically a federally tax-exempt organization, so the organization can have been incorporated in California without ever receiving IRS recognition. Whether they’re legally required to provide financial records depends on factors such as their corporate status, the type of records requested, whether you’re a member of the organization, and the applicable California nonprofit laws. If the organization is FTB-suspended, that raises additional questions but doesn’t necessarily eliminate its past recordkeeping obligations.

Before relying solely on their explanation, I’d independently verify the organization’s history. You can search IRS tax-exempt records (if they claim they never had federal exemption), California business records, and any available Form 990 filings. If you want to quickly check whether an organization has federal tax-exempt recognition, recent IRS filings, or other publicly available nonprofit information. A tool like the Nonprofit Check Plus API by Pactman can help you automate those checks and save time compared with manually searching multiple databases.

If this issue could lead to legal action or involves rights to inspect records, it’s worth consulting an attorney familiar with California nonprofit law, as the answer depends on the organization’s legal structure and your relationship to it rather than just the name change or rebranding.