New Edition of Seminal Book on Fiscal Sponsorship

Earlier this month, at the American Bar Association Fall Tax Meeting, the San Francisco Study Center released the 3rd edition of Fiscal Sponsorship: Six Ways to Do It Right, authored by Greg Colvin and Stephanie Petit. This is a complete revision of the seminal book on relationships it coined fiscal sponsorship and should be available […]

Lawyers as Social Innovators: Guest Lecture 2019

Earlier this week, I had the privilege of guest lecturing to Scott Curran‘s  Lawyers as Social Innovators class at Chicago-Kent College of Law at the Illinois Institute of Technology. The following is an excerpt of my notes for the class: Nonprofit Scandals Heard any juicy stories this summer? MIT Media Lab and Jeffrey Epstein, Varsity Blues and […]

Fiscal Sponsorship and Films

Filmmakers who seek philanthropic or public funding to support their works may be considering fiscal sponsorship as a vehicle for obtaining such funding. And fiscal sponsorship can be of great value to a filmmaker. But it’s also a misunderstood and widely misapplied area of law that can create risks for filmmakers and their fiscal sponsors. […]

Can a Nonprofit Own a For-Profit? Can a For-Profit Own a Nonprofit?

The quick and admittedly general answers (because there are exceptions) are: (1) yes, a nonprofit can own a for-profit; and (2) no, a for-profit cannot own a nonprofit, but it can select all of the nonprofit’s board members and thereby largely control the nonprofit. Can a Nonprofit Own a For-Profit? A nonprofit can own all […]

Grantmaking by Public Charities

Despite many people’s belief that grantmaking is restricted to entities known as foundations, public charities can and many do engage in grantmaking. This post focuses on grantmaking by public charities and generally does not address the more restrictive rules applicable to private foundations. Terminology Part of the confusion lies with how we colloquially refer to […]

WCTEO 2018 Highlights

The 2018 Western Conference on Tax Exempt Organizations (WCTEO) is currently taking place in Los Angeles. Here are some selected running highlights. Washington Updates IRS 2018-2019 Priority Guidance Plan – Implementation of the Tax Cuts and Jobs Act (Items 21, 34, 39, 40, 58); Exempt Organizations (pp. 16-17); General Tax Issues (Item 11) Average processing time of exemption […]

Nonprofit Tweets of the Week – 11/23/18

Stay informed of the week’s notable events and shared resources with this curated list of Nonprofit Tweets of the Week. Notable Events of the Week: “The federal government on Friday released a long-awaited report with an unmistakable message: The impacts of climate change, from deadly wildfires to increasingly debilitating hurricanes and heat waves, are already […]

Lawyers as Social Innovators: Guest Lecture 2018

Earlier today I had the wonderful opportunity to guest lecture at Scott Curran‘s  Lawyers as Social Innovators class at Chicago-Kent College of Law at the Illinois Institute of Technology. Here are my notes for the class: Introduction – Nonprofit Law On one side of the street you see: a theatre, a clothing store, a restaurant, a […]

Webinar: NGOsource – Preparing Your Next International Grant

Join our friends and legal experts Martha Lackritz-Peltier and Brigit Kavanagh for NGOsource’s next webinar – “Planning Your Next International Grant: Legal Issues for Foundations and DAFs” on Sept. 12 at 11 AM PST. Register free here.  This one-hour webinar will discuss various issues private foundations and donor advised funds should consider before making grants […]

Can a 501(c)(3) Organization Change Into a 501(c)(4) Organization?

Is it possible for a 501(c)(3) organization to change into a 501(c)(4) organization? The short answer is no (Revenue Procedure 2017-5). But it may be possible for a 501(c)(3) organization to cause the creation of a 501(c)(4) organization and subsequently dissolve, leaving only the 501(c)(4) organization. This strategy has its own complications as we describe […]