145: Astronauts vs. Scuba Divers | Can You Convert a Failing Business Into a Nonprofit?

145: Astronauts vs. Scuba Divers | Can You Convert a Failing Business Into a Nonprofit?

Author: Jess Birken, MNM, JD August 21, 2025 Duration: 17:48

If your business is struggling, can you save it by turning it into a nonprofit? Short answer: probably not.

It's Jess Birken here, and I'm back with my co-host Meghan tackling a super common question from business owners who think running a nonprofit might be an easier path.

Real Listener Question: "I'm an instructor at a small figure skating school. It's been around for 30 years, but we're not making ends meet. The current owner doesn't want to run it anymore. Can we convert it into a nonprofit so we don't have to make a profit or have an owner?"

We hear this one a lot. A business isn't working, and people assume nonprofit status will solve everything. I mean, it's right in the name – you don't have to make a profit, right?! Meghan and I walk through why this logic doesn't hold up, the realities of converting to nonprofit status (hint: you can't), and what it really takes to start and sustain a nonprofit. If you're dreaming about skipping taxes and raking in grants, this episode will help you get real about what actually works.

What You'll Learn:

  • Why you can't convert a for-profit business into a nonprofit
  • What nonprofit status actually means and why it's not a business model
  • Why fundraising isn't a magic solution
  • How conflicts of interest complicate nonprofit governance
  • What to do before starting a nonprofit if you're serious about it
  • Why starting a nonprofit requires a plan, not just a tax filing
  • What to think about if your org isn't financially viable right now

Bottom line: Nonprofit status isn't a quick fix. If your current business model isn't working, you need to solve that problem first — not just switch IRS categories and hope for the best.

Resources from this Episode

        Listen to Episode 89 to learn about conflicts of interest: https://birkenlaw.com/charity-therapy-podcast/ct089/

        Check out my friend Steve Boland's podcast at Next In Nonprofits: https://www.nextinnonprofits.com/podcast/

        Previous Episode: Breaking Down the IRS Changes for 501(c)(3) Status for Churches: https://birkenlaw.com/charity-therapy-podcast/ct144/

        Episode Transcript: https://birkenlaw.com/wp-content/uploads/2025/08/CT145_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

 


Ever find yourself wishing for a direct line to seasoned nonprofit leaders, a chance to unpack the real challenges that don’t make it into the glossy annual reports? Charity Therapy is that conversation. With host Jess Birken, who brings her background as a lawyer and a Master of Nonprofit Management to the table, each session feels like pulling up a chair with a trusted advisor. The discussions move beyond theory, tackling the granular details of operations that leaders actually face-whether it’s navigating a tricky IRS compliance question, rebuilding a fundraising strategy from the ground up, or managing the complex interpersonal dynamics that define any mission-driven team. This podcast digs into the operational heart of the sector, offering pragmatic insights you can apply directly to your own work. It’s a resource built on the understanding that running a nonprofit is a continuous practice of problem-solving, and Jess guides these explorations with clarity and a deep respect for the work. Tune in for honest dialogue that treats the daily grind of management as the serious and nuanced craft that it is.
Author: Language: English Episodes: 100

Charity Therapy
Podcast Episodes
Welcome to Charity Therapy! [not-audio_url] [/not-audio_url]

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Everyone wants to be an insider, right?! Well for nonprofits, that "insider" label can make things a little more complicated. Conflicts of interest have entered the chat! Can board members be hired to be the org's Execut…
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Join us in the restricted section for the episode – the restricted gifts section, that is! Today, Jess and Meghan break down what a restricted gift is and what exactly it means for your financials to accept one. What hap…
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Talking about fundraising can be overwhelming and FULL of jargon – but not when Patrick Kirby does it! Today we're joined by Patrick of Do Good Better Consulting to answer your nonprofit fundraising questions. How do we…