When the IRS or Another Government Agency Contacts Your Nonprofit

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When the IRS or Another Government Agency Contacts Your Nonprofit

First establish which agency contacted you, what it wants, and whether the communication is authentic. Government contact can be a routine question or part of a formal investigation. Get legal advice suited to the document and the circumstances.

Verify and route the contact

Keep the original letter, email, voicemail, or document and record when and how it arrived. Note the agency, named contact, reference number, requested action, and stated deadline. Confirm authenticity through an independently verified official channel rather than relying on an unexpected message’s links or telephone number.

Notify the designated organizational leader and counsel promptly. A receptionist or program employee should know whom to contact and should not be expected to interpret legal demands. Where an in-person encounter involves a warrant or other compulsory process, seek immediate legal advice and do not obstruct officials. Obtain guidance about what the document authorizes and requires.

Preserve relevant information

Ask counsel what records need to be preserved and how to handle collection and access. Include email, messages, financial systems, program files, and records held by providers as relevant. Do not destroy or alter material connected with the contact. Make sure the people responsible for automatic deletion and offboarding receive the necessary instructions.

Keep a factual chronology of communications and agreed next steps. Have counsel assess who is represented, how staff should handle follow-up questions, and whether separate advice is needed. Do not assume that all internal discussions or external intake submissions are privileged.

Find relevant guidance and assistance

The Democracy Protection Network coordinates assistance for eligible applicants; check its current scope and requirements. The U.S. Center for Nonprofit Law investigation resources provide context for different types of government inquiries and links to further information.

The Center for Constitutional Rights’ If an Agent Knocks is another resource in the chart. Its resource overview explains its focus on interactions with federal investigators. It is general information, and your lawyer should assess your organization’s circumstances.

Coordinate operations and public updates

Assign a coordinator for deadlines, documents, and follow-up. Agree on who may speak for the organization and how staff and board members receive necessary updates. Share confirmed facts and avoid speculation about outcomes. Review program continuity and workload if the matter requires a sustained response. This guide does not provide legal advice or determine anyone’s rights or obligations in a specific encounter.

Explore the Nonprofit & Foundation Resilience guide for related resources. For strategic or crisis communications support, contact Caitlin at CBKStrategies.

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