I. Enhancing Enforcement of the Tax Law A. Implementation of the Pension Protection Act of 2006 Announcement 2006-93: procedures by which 509(a)(3) organizations may request a change in their public charity status to 509(a)(1) or 509(a)(2). Notice 2006-109: discusses new provisions affecting supporting organizations (SOs), donor-advised funds, and private...
California Form 3500A – Affirmation of IRC Section 501(c)(3)
California Assembly Bill 897, which becomes effective tomorrow, January 1, 2008, allows an organization with 501(c)(3) tax-exempt status to request California affirmation of tax exemption by sending the Franchise Tax Board a copy of its IRS determination letter. An organization may request California affirmation of federal exemption by filing...
IRS Releases 2008 Form 990 (Final Redesigned Version) – December 20
On December 20, 2007, the IRS released the 2008 Form 990, the annual information return for public charities and certain other tax-exempt organizations. The final version, like the discussion draft released for comment in June, contains a core form and multiple schedules. However, several changes were made in response...
Governance Update (Part Two) – WCTEO
Continuing the post of the Governance Update presented by Michael Peregrine and James Schwartz, here is a list of ten trends in governance (for the most part, in their words): Trend One: The vitality and feasibility of traditional forms of nonprofit corporate structures and affiliations are evolving. Trend Two: ...
Governance Update (Part One) – Notes from WCTEO Conference
The 11th Annual Western Conference on Tax-Exempt Organizations (WCTEO) was held in Los Angeles on November 15-16, 2007. Among the most interesting programs at the Conference was the "Governance Update" presented by Michael W. Peregrine of McDermott Will & Emery LLP and James R. Schwartz of Manatt, Phelps &...
Form 990-N (E-Postcard) – Interview with CCH
A few weeks ago, I was interviewed by a reporter for CCH, a leading legal publisher, about Form 990-N. PUBLICATION UPDDATE: The article in which I am quoted appears in Federal Tax Weekly (November 21, 2007). Here is a transcript: Q: What is your opinion on the IRS’s efforts...
Attorney For Nonprofits Offers Free Legal Seminars to Minority Leaders
Responding to a surprising lack of diversity in the leadership of nonprofit organizations, an attorney strives to make a difference SAN FRANCISCO, California – November 26, 2007 — Gene Takagi, an attorney for nonprofits, is providing free legal classes to minority leaders and emerging leaders of charitable organizations. After...
Nonprofit Leadership Crisis? – USF Nonprofit Management Gathering
On October 18, 2007, the University of San Francisco held its First Annual Fall Gathering of Nonprofit Management Students, Alumni and Faculty featuring a discussion on whether there will be a leadership crisis in the nonprofit sector as baby boomers retire. Dr. Michael O’Neill, founder of the Institute for...
Highlights of the ABA 2007 Joint Fall CLE Meeting – September 27-29
The ABA 2007 Joint Fall CLE Meeting of the Taxation and Real Property Trust and Estate Sections was held in Vancouver, B.C. on September 27-29. It was a great chance for me to visit the city in which I grew up, attend the wedding reception of a good friend,...
Western Museums Association Annual Meeting – Governance
On October 11, 2007, I joined Linda Deck, Director of the Bradbury Science Museum, and Carola Enriquez, Director of the Kern County Museum, in a panel discussion on best practices in governance. While I introduced the topic by speaking in general terms about basics and best practices in governance,...