We previously wrote about California AB 1712 when it was a spot bill, a placeholder to address the Legislature’s intent to enact legislation on the subject matter of donor advised funds (DAFs). Fast forward 10 months and AB 1712 has been amended to focus on transparency and data collection...
CURRENT AFFAIRS & OPINION
10 Significant News Events of 2019
2019 began in the middle of the longest government shutdown in history, the ramifications of which were felt within the nonprofit sector for months thereafter. Youth advocates continued to demonstrate their power and influence, with Greta Thunberg and many other young people gaining national attention and recognition for their...
Two Year-End Tax Law Changes
There were two big changes to tax laws affecting nonprofits sure to spread some cheer. They were part of a year-end appropriations act signed into law on December 20, 2019. Repeal of the “Parking Tax” The first change is a repeal of the nonsensical and unpopular tax on qualified...
Public Trust and Nonprofits: What’s Going On?
Nonprofits have long relied on public trust and confidence that they are operating with good intent. But in recent years, that trust has been eroding. While, generally, the nonprofit sector still continues to be more trusted than (for-profit) business, government, and media, the public trust issue is a serious...
Association of Fundraising Professionals Ethics Survey
The Association of Fundraising Professionals (AFP) released some of its findings from an online survey of its members earlier this year focused on professional ethical issues. Frequency of addressing ethical challenges or dilemmas: 50% reported once per year 23% reported never 17% reported roughly six times per year 8%...
Proposed Regulations: Donor Disclosures and Dark Money
The IRS and Treasury are taking another shot at providing an exception for 501(c)(4), 501(c)(5), 501(c)(6), and certain other tax-exempt organizations (notably excluding 501(c)(3) organizations) from the requirement to report the names and addresses of their contributors on Schedule B of Form 990, prompting concerns of more dark money...
Court Strikes Down Rule Excepting Certain Nonprofits from Donor Disclosures
On July 30, 2019, in Bullock vs. Internal Revenue Service, a federal court held unlawful and set aside Rev. Proc. 2018-38 as adopted by the IRS without complying with applicable notice-and-comment procedures. Rev. Proc. 2018-38 provided that tax-exempt organizations described by section 501(c), other than section 501(c)(3) organizations, will no...
Donor Disclosures: Senators Question the Changes
In 2018, the Treasury Department changed its regulations to exempt tax-exempt organizations described by section 501(c), other than section 501(c)(3) organizations, from the requirement that they report the names and addresses of their contributors on the Schedule B of their Forms 990 or 990-EZ. See Treasury Eliminates Donor Information Disclosures...
California AG: Update on Proposed Changes to Registration for Charities
On June 5, 2019, the Department of Justice (DOJ) published notice of modifications to the text of the proposed amendments to California Code of Regulations and certain charity-related registration forms. We wrote on the original proposed amendments to the initial registration Form CT-1 and annual registration renewal Form RRF-1...
California AB 1181: Gifts-in-Kind
California Assembly Bill 1181 (AB 1181), introduced by Assembly Member Monique Limón (D – Santa Barbara) on February 21, 2019, generally provides for valuation of a noncash contribution received by a charitable organization that is restricted by the donor from being used domestically based on its fair market value in the...