The Coronavirus Response and Relief Supplemental Appropriations Act of 2021 (the “2021 COVID Relief Act”) was signed into law on December 27, 2020. The 2021 COVID Relief Act is a $900 billion part of the $1.4 trillion omnibus spending and appropriations bill that is viewed as the sequel to...
IRS & FEDERAL TAX ISSUES
WCTEO 2020 Highlights: Nonprofits in Distress
The following are some of the highlights from the session on Nonprofits in Distress at the 2020 Western Conference on Tax Exempt Organizations (WCTEO), presented by Erin Bradrick (NEO Law Group), Ofer Lion (Seyfarth Shaw), Tania Moyron (Dentons), and Stephanie Petit (Adler Colvin): Zone of Insolvency, Bankruptcy, and Debt Restructuring Under...
WCTEO 2020 Highlights: Charitable Purpose in the 21st Century
The following are some of the highlights from the session on Charitable Purpose in the 21st Century at the 2020 Western Conference on Tax Exempt Organizations (WCTEO): Historical context: Rev. Rul. 71-447: “All charitable trusts, educational or otherwise, are subject to the requirement that the purpose of the trust...
Treasury and IRS 2020-2021 Priority Guidance Plan
The joint Treasury and IRS 2020-2021 Priority Guidance Plan was published on November 17, 2020. The Plan includes a work list of projects for the 12-month period ending June 30, 2021. The following are some of the key provisions for exempt organizations: Tax Cuts and Jobs Act Regulations on...
2020 Western Conference on Tax Exempt Organizations (WCTEO)
The 24th Annual Western Conference on Tax-Exempt Organizations (WCTEO), my #1 go-to conference every year for the past 15 years, will be held virtually on Thursday, December 3, and Friday, December 4. The conference will be focused on the unique issues of these times and, in light of Zoom...
Premature Revocation
The Internal Revenue Service (IRS) mistakenly revoked tax-exempt status from more than 30,000 organizations for failure to file three consecutive information returns. The error occurred because the IRS automated systems were not properly updated to account for the extension of information return filing dates due to the COVID-19 pandemic....
Payments to Charities
Final regulations from the Treasury Department were published and made effective on Tuesday, August 11, 2020, regarding the treatment of payments (not charitable contributions) to charitable entities in return for consideration (value). The regulations finalize proposed regulations issued in December 2019 and incorporate previously published IRS guidance. For a...
Grants to Individuals and Businesses – Part Four
Generally, 501(c)(3) organizations can make grants to individuals and to businesses if such grants are made in furtherance of their 501(c)(3) tax-exempt purposes and are not expended in a manner inconsistent with 501(c)(3). In Part One of this series, we focused on mission-consistency, charitable class, and prohibited private benefits. In Part Two,...
Grants to Individuals and Businesses – Part Three
Generally, 501(c)(3) organizations can make grants to individuals and to businesses if such grants are made in furtherance of their 501(c)(3) tax-exempt purposes and are not expended in a manner inconsistent with 501(c)(3). In Part One of this series, we focused on mission-consistency, charitable class, and prohibited private benefits. In Part...
Grants to Individuals and Businesses – Part Two
Generally, 501(c)(3) organizations can make grants to individuals and to businesses if such grants are made in furtherance of their 501(c)(3) tax-exempt purposes and are not expended in a manner inconsistent with 501(c)(3). In Part One of this series, we focused on mission-consistency, charitable class, and prohibited private benefits....