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Charity Therapy

Charity Therapy

Written by: Jess Birken MNM JD
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What if you could hang out with experienced nonprofit professionals and ask them your burning questions about the day-to-day life of nonprofits? What if you could take their wisdom and bring it back to your organization, for free? That's what we do on Charity Therapy. Hosted by Jess Birken - owner and lawyer at Birken Law Office. Every episode is an in-depth look at how to run a nonprofit, from fundraising to IRS woes to people problems and more! Our goal is to empower nonprofits to achieve your mission by doing things right.Jess Birken, MNM, JD 543617 Economics Management Management & Leadership
Episodes
  • 165: The Past Tense of Sync | How to Get a New IRS Determination Letter

    165: The Past Tense of Sync | How to Get a New IRS Determination Letter
    May 28 2026

    So you've submitted your IRS application and you're anxiously awaiting the letter in the mail with their response. But what if it just… never comes??

    Meghan and I tackle a listener question from a new nonprofit that did everything right – they got their tax-exempt status (yay!) but still can't find the actual letter. What do you do?

    Real Listener Question:

    "My org got approved as a 501(c)(3) according to the IRS bulk list for my state. But I never actually received the determination letter and it's not on the website. Is this common? I know that many grants ask for the actual letter, so I'm not sure what to do."

    Meghan and I break down what a determination letter is, why it might not have arrived yet, and what to do if you need a replacement (for any reason).

    What You'll Learn:

    • What a determination letter is and why it matters for your nonprofit
    • Why your letter might not have arrived even though your status is real
    • How to use the IRS Tax Exempt Organization Search and what it actually shows
    • When to wait it out vs when to request a replacement letter
    • How to request a replacement determination letter from the IRS for free

    Bottom line: The IRS moves SLOWLY sometimes. You can request a new determination letter anytime, but remember that every new request is another filing that will take time to complete. Take a deep breath and be ready to wait.

    Resources from this Episode

    • IRS Tax Exempt Organization Search tool: https://apps.irs.gov/app/eos/
    • Request a replacement determination letter from the IRS: https://www.irs.gov/pub/irs-pdf/f4506b.pdf
    • Learn about the leadership fiasco at the IRS: https://birkenlaw.com/charity-therapy-podcast/ct139
    • Episode Transcript: https://birkenlaw.com/wp-content/uploads/2026/04/CT165_Transcript.pdf

    Connect with Us

    • Jess Birken: https://www.linkedin.com/in/jessbirken/
    • Meghan Heitkamp: https://www.linkedin.com/in/meghan-heitkamp-829254115/

    Listen & Engage

    • Listen on Apple Podcasts | Spotify | YouTube | Amazon Music
    • Rate & Review on Apple Podcasts: Click "Ratings and Reviews" then "Write a Review"
    • Send us your nonprofit questions: https://birkenlaw.com/podcast/#podcast-story

    Stay Connected

    • Sign up for the Birken Law Email list: https://birkenlaw.com/signup/
    • Follow us on Facebook, Instagram, Twitter
    Show More Show Less
    17 mins
  • 164: Ermahgerd! | How to Evaluate Executive Director Performance with Debbie Rabishaw

    164: Ermahgerd! | How to Evaluate Executive Director Performance with Debbie Rabishaw
    May 14 2026

    So a nonprofit hires an Executive Director, skips all the onboarding, sets no goals, and now… wants to fire them. Yikes!

    I'm joined by Debbie Rabishaw, founder of HR consulting firm Next Step Advisory, to tackle a listener question that has more layers than an onion. A small nonprofit is in the middle of transitioning from a working board to a governing board, their new ED is getting mixed reviews, and some board members have already gone rogue. Things are messy, and Debbie and I have thoughts.

    Real Listener Question:

    "We hired a new executive director a year ago but didn't set any goals for her. A new evaluation committee sent out an anonymous staff survey and got mixed results, including some poor feedback. Now some board members want to demote her and split her role. I'm thinking of proposing a performance improvement plan, but we haven't documented any issues. What's the best way forward?"

    Debbie and I dig into what this board is actually dealing with, why the response feels disproportionate to the situation, and what good performance management actually looks like for a nonprofit's first employee.

    What You'll Learn:

    • What the relationship between the board and Executive Director SHOULD look like
    • Why you can't put someone on a PIP if you never set expectations in the first place
    • How to course correct when things didn't start off the right way
    • Why the board needs to look at its own responsibility before pointing fingers
    • What anonymous stakeholder surveys can and can't tell you about performance
    • Why employment law applies to your nonprofit no matter how small you are

    Bottom line: You can't hold someone accountable for expectations that were never set. Own your part, reset the compass, and give this hire a real chance to succeed.

    Resources from this Episode

    • Learn more about Debbie at www.nextstepadvisory.us
    • Previous Episode: Can a Religious Nonprofit Apply for Status with the IRS 1023-EZ Short Form?: https://birkenlaw.com/charity-therapy-podcast/ct163-religious-nonprofit-1023/
    • Episode Transcript: https://birkenlaw.com/wp-content/uploads/2026/04/CT164_Transcript.pdf

    Connect with Us

    • Jess Birken: https://www.linkedin.com/in/jessbirken/
    • Debbie Rabishaw: https://www.linkedin.com/in/debbierabishaw/

    Listen & Engage

    • Listen on Apple Podcasts | Spotify | YouTube | Amazon Music
    • Rate & Review on Apple Podcasts: Click "Ratings and Reviews" then "Write a Review"
    • Send us your nonprofit questions: https://birkenlaw.com/podcast/#podcast-story

    Stay Connected

    • Sign up for the Birken Law Email list: https://birkenlaw.com/signup/
    • Follow us on Facebook, Instagram, Twitter
    Show More Show Less
    21 mins
  • 163: A Runway of Snacks | Can a Religious Nonprofit Apply for Status with the IRS 1023-EZ Short Form?

    163: A Runway of Snacks | Can a Religious Nonprofit Apply for Status with the IRS 1023-EZ Short Form?
    Apr 30 2026
    So you're a charity grounded in religious values. Does that make you a church in the eyes of the IRS? Meghan and I dig into a listener question that had me doing a genuine double take. A religious nonprofit submitted the 1023-EZ short form and got rejected because the IRS decided they were a church. What gives?! Real Listener Question: "The IRS rejected our 1023-EZ because they think we are a church, which would require the full 1023 form. But we are not a church. We are a religious organization. How do I fix the application to get them to accept our 1023-EZ?" Meghan and I break down the key difference between a church and a religious nonprofit, why the IRS treats them differently, and what this listener may have done wrong on their application. Plus you'll get a classic Jess Birken rant about why the IRS doesn't make any sense! What You'll Learn: How the IRS defines a church versus a religious nonprofit organizationHow churches file (or don't file) for their tax-exempt statusHow religious charities are treated differently than churches, mosques, temples, etc.The most common mistakes people make on the 1023-EZ that trigger a rejectionHow one wrong checkbox or one poorly worded sentence can get your application flaggedHow to fix your application and get it into the right bucket Bottom line: The IRS puts churches and religious nonprofits in different buckets. Knowing which one you are and how to say it on your application makes all the difference. Resources from this Episode See the eligibility worksheet for Form 1023-EZ: https://www.irs.gov/pub/irs-pdf/i1023ez.pdfFile using our Do-It-Yourself 1023-EZ Tool: https://birkenlaw.com/diy-1023-ezWatch the Righteous Gemstones: https://www.hbomax.com/shows/righteous-gemstones/c3bd0a34-c4ce-4ca5-bd6c-820df7340671Previous Episode: Are Nonprofit Startup Costs Tax-Deductible Donations for the Founder? https://birkenlaw.com/charity-therapy-podcast/ct162-nonprofit-startup-costsEpisode Transcript: https://birkenlaw.com/wp-content/uploads/2026/03/CT163_Transcript.pdf Connect with Us Jess Birken: https://www.linkedin.com/in/jessbirken/Meghan Heitkamp: https://www.linkedin.com/in/meghan-heitkamp-829254115/ Listen & Engage Listen on Apple Podcasts | Spotify | YouTube | Amazon MusicRate & Review on Apple Podcasts: Click "Ratings and Reviews" then "Write a Review"Send us your nonprofit questions: https://birkenlaw.com/podcast/#podcast-story Stay Connected Sign up for the Birken Law Email list: https://birkenlaw.com/signup/ Follow us on Facebook, Instagram, Twitter
    Show More Show Less
    15 mins
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