The 25th Annual Western Conference on Tax-Exempt Organizations (WCTEO), my #1 go-to conference every year for the past 16 years, will be held virtually on Thursday, December 2, and Friday, December 3. You can register here. LMU Loyola Law School will hold its 25th-annual Western Conference on Tax Exempt Organizations with...
IRS & FEDERAL TAX ISSUES
Treasury and IRS 2021-2022 Priority Guidance Plan
The joint Treasury and IRS 2021-2022 Initial Priority Guidance Plan was released on September 9, 2021. The Plan includes a work list of projects for the 12-month period ending June 30, 2022 but does not provide for any deadlines. The following are some of the key provisions for exempt...
Contracts vs. Grant Agreements
When a nonprofit organization receives funding, it’s important for it to know if it should classify those incoming funds as receipts from a contract, or receipts from a grant. How the funds are categorized can lead to very different outcomes for the nonprofit organization. For example, the characterization will...
IRS Resources for Tax-Exemption Determinations
The Internal Revenue Service (IRS) has a page for Applying for Tax Exempt Status that addresses and has links to applications for 501(c)(3), 501(c)(4), and other exempt organizations. Types of Application Forms Applicants for recognition of exemption under Section 501(c)(3) of the Internal Revenue Code (IRC) file either Form...
“Friends Of” Organizations—Creating a U.S. Nonprofit that Supports a Foreign Charity
Whether it be preserving the breathtaking paintings and sculptures in the famous Louvre of Paris, feeding malnourished children in Somalia, or combatting extreme gender inequality in Saudi Arabia, there is no shortage of international causes that might compel U.S. citizens and organizations to want to donate abroad. While a...
Filing for 501(c)(3) Status Late: An Update
Startup charitable nonprofit organizations typically file with IRS for recognition of tax-exempt status under Section 501(c)(3) of the Internal Revenue Code shortly after formation. If an application for such recognition (Form 1023) is filed within 27 months of formation, and approved, the IRS recognizes tax-exempt status retroactively as of...
PLR 202119002: Private Foundation Grants to Intermediary Foreign Organizations
Earlier this year, the IRS released a private letter ruling (PLR 202119002) on a private foundation’s contemplated grants to three foreign organizations that will each regrant the applicable funds to secondary grantees in furtherance of the private foundation’s 501(c)(3) exempt purposes. While a PLR may not be relied on...
2021 Georgetown EO Conference: Hopkins’ Update on Key Current Developments
Georgetown Law held its 38th Annual Representing and Managing Tax-Exempt Organizations conference (virtual edition) last week. Among the sessions at the conference was a perennial favorite: Update on Key Current Developments presented by exempt organizations attorney Bruce Hopkins. Below are some of the many highlights from his presentation: IRS...
IRS TE/GE FY 2020 Accomplishments Letter
The IRS Tax Exempt & Government Entities Division (TE/GE) recently published its FY 2020 Accomplishments Letter. One segment of customers covered by TE/GE is Exempt Organizations (EO), which includes charities, private foundations, business leagues, labor unions, and veterans’ organizations. The other two segments of customers are Employee Plans and...
Highlights from the ABA Exempt Organizations Committee Meeting 1/28/21
Here are some of the highlights from the virtual ABA Exempt Organizations Committee meeting held on January 28, 2021 as part of the ABA 2021 Midyear Tax Meeting. News from the IRS, Treasury, and the Hill Review of COVID-19 Related Legislation: Coronavirus Preparedness and Response Supplemental Appropriations Act –...