IRS Exempt Organizations (EO) Division Director Tamera Ripperda has been speaking at conferences and to a few select groups over the past several weeks, providing us with a glimpse with what is currently happening within the EO Division. Ripperda commented that: the IRS will shift its approach in examinations to focus...
IRS & FEDERAL TAX ISSUES
Public Charity: Public Support Tests Part II: 509(a)(2)
A 501(c)(3) organization is presumed to be a private foundation unless it qualifies as a public charity. Part I of this post discussed how an organization can qualify as a public charity under one of two 509(a)(1) tests, either the one-third support test or the facts and circumstances test....
Public Charity: Public Support Tests Part I: 509(a)(1)
A 501(c)(3) organization is presumed to be a private foundation unless it qualifies as a public charity. As discussed in a previous post and on our short YouTube clip, public charity classification is generally far more advantageous due to the burdensome rules and restrictions applicable to private foundations. Most 501(c)(3) organizations...
Private Foundations & Self-Dealing
We recently added a post to the blog about private foundations and the rules that they are subject to. Of the private foundation rules, those regarding self-dealing are some of the most complex and have some of the most serious potential ramifications for a private foundation if violated. In...
NEO Law Group’s Video on Tips for Nonprofits: Private Foundation or Public Charity?
Yesterday, NEO Law Group released a new short video in its series of videos on tips for nonprofits, available on YouTube. This video focuses on the differences between private foundations and public charities. We hope that you enjoy it and please stay tuned for additional videos from NEO Law Group on tips for nonprofits.
Private Foundation Rules
A Section 501(c)(3) exempt organization is presumed to be a private foundation unless it qualifies as a public charity. The distinction between the private foundation and public charity classification may be critical for organizational leaders to understand, as public charity status is generally far more advantageous when there is...
Expedited Determination Process for 501(c)(4) Organizations
The Internal Revenue Service recently released a memorandum modifying and clarifying procedures for Section 501(c)(4) applicants seeking exemption after December 23, 2014, which may potentially be engaged in political campaign intervention or providing private benefit to a political party, but that otherwise do not present any issues regarding their...
CEB: Nonprofit Law: Hot Topics – Livecast on Thu, 2/26, at noon
Erin and I will be presenting a program on Nonprofit Law: Hot Topics for Continuing Education of the Bar (CEB) – State Bar of California livecast on Thursday, February 26 from noon to 1 p.m. The following description of our program is on the CEB website. Providing counsel to nonprofits...
Final Treasury Regulations for Charitable Hospitals Released
The U.S. Treasury released final regulations on December 29, 2014 that provide guidance regarding the requirements for charitable hospital organizations added by the Patient Protection and Affordable Care Act of 2010. Background (from the regulations): Section 501(r) was added to the Code by the Patient Protection and Affordable Care Act,...
Best of the Nonprofit Law Blog 2014
Here are some selected highlights from NEO Law Group over the past year that we hope you’ll find helpful. 2014 was also highlighted by an addition to Erin’s family and Michele’s graduation and passage of the bar exam! Amazing year for all of us. Blog Posts Governance What Issues Should a...