Treasury and IRS 2023-2024 Priority Guidance Plan

The joint Treasury and IRS Initial 2023-2024 Priority Guidance Plan was released on October 3, 2024. The Plan contains 231 guidance projects that are priorities for allocating Treasury Department and IRS resources during the 12-month period from July 1, 2024 through June 30, 2025. The following are the projects listed for exempt organizations with some additional commentary […]

Spending from an Endowment

We have previously written about prudent investment rules that apply to charities with respect to their institutional funds (including endowment funds) under the Uniform Prudent Management of Institutional Funds Act (UPMIFA), including here. One of the important factors in selecting and managing investments is the amount that is intended to be expended and the frequency […]

Prudent Investments: UPMIFA and Climate Change

Charitable nonprofits organizations (“charities”) are subject to state prudent investment laws as we have previously written about here. The most important of these laws is the Uniform Prudent Management of Institutional Funds Act (UPMIFA) applicable in 49 states (all except Pennsylvania) and DC. UPMIFA and Management and Investment Factors UPMIFA describes eight factors that must […]

Nonprofit and Exempt Organizations Law Practice

Many attorneys who work in the nonprofit and exempt organizations (“NEO”) practice area never knew this was a distinct area of law around which they could build a practice. I published a post 12 years ago about my journey and work as an attorney for nonprofits (now in need of a refresh) which included some […]

Nonprofits and 12 Current Trends

Nonprofit leaders can and do react to current conditions in developing their plans and advancing their organizations’ missions. Effective leaders also proactively prepare for the future while looking back for lessons and context. Among the many trends and forces for the future worthy of consideration: Many nonprofits have adopted devices and strategies incorporating their thinking […]

Movement Organizations

Social movements are collective efforts, some organized, some impromptu, with a goal to bring about some change important to movement participants. Well-known movements that have resulted in beneficial changes include those for civil rights, women’s rights, children’s rights, LGBTQ+ rights, worker rights, immigrant rights, environmental rights, animal rights, democracy, and peace. But, as we’ve witnessed, […]

Highlights from BakerHostetler’s Webinar on Race-Based Grantmaking and Charitable Activities

Last month, BakerHostetler presented a very helpful webinar titled Race-Based Grantmaking and Charitable Activities: Protected First Amendment Speech or Prohibited Racial Exclusion? Materials are available on the firm’s website at the preceding link. Highlights The term charitable is used in section 501(c)(3) in its generally accepted legal sense and includes the promotion of social welfare by organizations […]

Nonprofit Radio: Election Year Issues 2024

I recently spoke with Tony Martignetti, host of Nonprofit Radio, about election year issues for charities in 2024. You can join the 13,000 weekly listeners and catch the Nonprofit Radio podcast here. Tony and I have previously spoken about election year advocacy for charities. It’s important at the outset to note that this post focuses on […]

Proposed DAF Regulations: Strafford CLE/CPE Program

Karl Mill of the Mill Law Center and I will be presenting a Continuing Legal Education / Continuing Professional Education (CLE/CPE) webinar for Strafford on the recently proposed donor advised fund (DAF) regulations. You can watch live on Tuesday, February 6, 2024, at 10 am to 11:30 am PST / 1 pm to 2:30 pm […]