Economic Development as a 501(c)(3) Activity

  Economic development may not immediately come to mind as an activity that furthers a charitable purpose, but it doesn’t take long to think of circumstances where helping a depressed community in its economic development can help in the relief of poverty and distress, and in the combat of community deterioration, all of which are regarded as charitable […]

5 Highlights from the ABA Exempt Organizations Committee Meeting 1/29/16

x-144-15 Here are 5 highlights from the American Bar Association Exempt Organizations Committee Meeting held in Los Angeles on January 29, 2016: 1. Form 1023-EZ The IRS Tax Exempt & Governmental Entities Division (TE/GE) disagreed with the critical conclusions made by the National Taxpayer Advocate regarding the level of noncompliance by organizations filing the Form 1023-EZ […]

10 Predictions for the Nonprofit Sector in 2016 and Beyond

Below are some of my predictions of events and trends that will impact the nonprofit sector in 2016 and beyond. Last year, while noting that good prognosticators have to go beyond stating obvious trends, I made only one prediction: “Nonprofits will increasingly recognize the importance of understanding and responding to the for-profit social enterprise movement.” […]

2015 Western Conference on Tax-Exempt Organizations (WCTEO)

Loyola Law School is holding its 19th-Annual Western Conference on Tax Exempt Organizations (WCTEO) in Los Angeles on November 19 and 20. This is one of the country’s premier conferences on tax-exempt organizations and one of my must-attend events as an attorney for nonprofits. I had the honor of speaking at the WCTEO a couple of years ago and […]

California Social Purpose Corporation: An Overview

The social purpose corporation is one of two “hybrid” corporate forms in California that provide alternative business entity options to entrepreneurs who want to combine profitability with broader social and environmental objectives (the other is the benefit corporation). Formerly known as the flexible purpose corporation, the social purpose corporation requires directors to consider socially responsible […]

National Network of Fiscal Sponsors Annual Gathering 2015

The National Network of Fiscal Sponsors held its Annual Gathering in Brooklyn on November 7. Approximately 100 leaders of fiscal sponsors from across the country came to learn about common issues, best practices, and new developments, and to share experiences. Fiscal sponsorship refers to a contractual relationship that allows a person, group, or taxable entity to […]

IRS Issues TE/GE Priorities for 2016

The IRS Tax Exempt and Government Entities (TE/GE) division recently issued its priorities list for 2016. Here is a list of the five strategic areas of focus for exempt organizations for the upcoming year: Exemption: Issues include non-exempt purpose activity and private inurement, enforced primarily through field examination; See Exempt Purposes – Internal Revenue Code […]

Nonprofit Tweets of the Week – 10/2/15

The past week was highlighted by the Social Good Summit and Clinton Global Initiative. Have a listen to Ben Harper‘s With My Own Two Hands while perusing our curated nonprofit tweets of the week: Philanthropy: Nonprofits must adapt or end up in ‘ash heap,’ Diana Aviv says http://bit.ly/1O8eglh [Ed. Many thanks to Diana, who led Independent Sector […]

Executive Compensation – The Legal Issues

Determining the appropriate amount of compensation to pay an executive is one of the most important decisions a board is asked to make. Board members must balance budgetary concerns with the need to find a qualified candidate. Traditionally, it was not uncommon for nonprofits to expect executives to work for significantly less than they might […]

Expenditure Responsibility, including for PF International Grantmaking

Private foundations in the United States are often interested in funding promising organizations and projects that are based outside of the country. When doing so, these foundations are required to follow certain rules and procedures promulgated by the IRS to help ensure that the foreign grantees are properly using those funds for charitable purposes. Currently, […]