Form 3500 (2005) * Application Fee: $25.00 Forms & Instructions 3500 – 2005 Exemption Application Booklet Exempt Organizations – FTB Publication 927 Although most California laws dealing with tax exemption are patterned after the Internal Revenue Code, obtaining state tax exemption is a separate process from obtaining federal exemption. ...
CALIFORNIA LAW
Charitable Trust Doctrine
The charitable trust doctrine requires that a gift accepted by a charitable organization must only be used for the expressly declared charitable purposes of the donee corporation at the time of the acceptance, even if the corporation changes its purpose, transfers those assets or dissolves. Such restriction is imposed...
Nonprofit Integrity Act – Audit Committee
QUESTION: Can a charitable organization subject to the Nonprofit Integrity Act’s requirement of an audit committee include on such committee its CEO or CFO? ANSWER: It depends (sorry about this standard lawyer’s response, but read on). California Government Code section 12586(e)(2) provides that “the member or members of the...
Online Privacy Protection Act – California
The Online Privacy Protection Act of 2003 (codified in Cal. Bus. Code Secs. 22575-22579), made operative as of July 1, 2004 (and amended in 2013), requires an owner of a commercial website or online service (“operator”) that collects personally identifiable information through the internet about individual California resident consumers...
California Bill Re: Fundraising
AB 839 (Alberto Torrico, D., Fremont) Gaming Control Act: nonprofit organization fundraisers. This bill, introduced on February 18, 2005, permits a nonprofit organization to conduct fundraisers with non-cash donated prizes no more than two times a year using controlled games – such as Texas Hold ‘Em poker – as...
California – Nonprofit Integrity Act of 2004 Becomes Effective January 1, 2005
The following is a list of key provisions identified by the Office of the Attorney General: 1. Charitable organizations have 30 days, instead of six months, to register and file articles of incorporation with the Attorney General’s Registry of Charitable Trusts. 2. Independent audit of annual financial statements now...