Charitable: Eliminating Prejudice and Discrimination

Charitable purposes under IRC Section 501(c)(3) include the promotion of social welfare by organizations that conduct activities to eliminate prejudice and discrimination. See Treas. Reg. 1.501(c)(3)-1(d)(2). The IRS Exempt Organizations Technical Guide: TG 3-3 Exempt Purpose, Charitable IRC 501(c)(3) (rev. 3/20/23) provides the following description: The pursuit of eliminating prejudice and discrimination is a charitable […]

The Sale of Charitable Assets to a For-Profit

We have recently seen an increasing number of transactions involving the sale of charitable assets to for-profit entities.  While generally permissible if conducted properly, these sales raise a number of legal issues at both the federal and state levels that must be considered.  Where the transaction is motivated in part by the desire to further […]

Final Treasury Regulations for Charitable Hospitals Released

The U.S. Treasury released final regulations on December 29, 2014 that provide guidance regarding the requirements for charitable hospital organizations added by the Patient Protection and Affordable Care Act of 2010. Background (from the regulations): Section 501(r) was added to the Code by the Patient Protection and Affordable Care Act, Public Law 111-148 (124 Stat. 119 […]

Starting a Nonprofit: What is “Charitable” under 501(c)(3)?

A “charitable” purpose is one of the seven exempt purposes specified in Section 501(c)(3) of the Internal Revenue Code (the “Code”). According to the Treasury Regulations, the term charitable is to be interpreted in its generally accepted legal sense and includes, but is not limited to: Relief of the poor, distressed or underprivileged; Advancement of […]