Sixth Circuit Gives Statutory Context to Affordable Housing ROFRs
The federal low income housing tax credit (LIHTC) program, 26 U.S.C. § 42, is the largest driver of affordable housing in the country. In an effort to keep LIHTC projects affordable as long as...
View ArticleTexas Nonprofit Corporations – Are these corporate records open for inspection?
This Freeman Law blog provides insight for the Texas nonprofit corporation to understand its obligations relating to the maintenance of books and records and as to when, and under what circumstances,...
View ArticleTax Exemption and Unrelated Business Income Tax (UBIT): The Framework (Part 1...
This Insights blog is Part 1 of a 3-Part series that provides a focused overview of the unrelated business income tax rules for the nonprofit organization that is tax-exempt pursuant to section...
View ArticleLobbying by Tax Exempt Organizations - Part 2
Our advice is often sought about forming a charitable organization for personal reasons, corporate philanthropy or to house the charitable/educational activities of a trade association or a social...
View ArticleToday in Tax: Qualifying and Keeping a Religious Organization Tax-Exempt...
Churches and religious organizations can both qualify as tax-exempt organizations described in Code Section 501(c)(3). In the case of churches, qualification can be achieved more simply than for a...
View ArticleTax Exemption and Unrelated Business Income Tax (UBIT): Rules, Modifications...
This Insights blog is Part 2 of a 3-Part series focused on the unrelated business income tax rules for the nonprofit organization that is tax-exempt pursuant to section 501(c)(3) of the Internal...
View ArticleLow Risk, High Rewards: Legal Protections for Non-profit Boards
According to the National Council of Nonprofits, there more than 1.4 million 501(c)(3) charitable nonprofits in the United States alone. This nonprofit sector is a vital part of our national and local...
View ArticleMaking a Difference: Charitable Trust Planning
The past few years have exposed a lot of needs in our communities, and many of us feel even more compelled to give back what we can. It seems more important now than ever to support worthy charitable...
View ArticleCan a Church or Other Public Charity Endorse a Candidate? Tax Treatment of...
Joint Committee on Taxation Report on Tax Treatment of Political Campaign and Lobbying Activities of Tax-Exempt Organizations - On April 29, 2022, the Joint Committee on Taxation published its 35-page...
View ArticleCalifornia Issues Notice of Proposed Rulemaking Affecting Charitable...
California is leading the way in regulating certain online fundraising activities that have not historically (or explicitly) been addressed in states' charitable solicitation laws. As we wrote last...
View ArticleCan a Nonprofit Fundraise for Another Nonprofit? Legal and Tax Considerations.
I’ve served as outside general counsel for nonprofit organizations across the nation for over 15 years. This question is re-occurring. So, I thought I would blog a little about it. Not legal or tax...
View ArticleAmutot and PBCs Set to Independently Update Details and Information
The Israeli website “GuideStar,” which provides information about Amutot (One of the common types of non-profit organizations in Israel) and PBCs, launched a new and important interface that enables...
View ArticleThe Ontario Not-for-Profit Corporations Act and your Governance Actions
Introduction - After years of languishing on the legislation table, the Ontario Not-for-Profit Corporations Act (the “ONCA”) finally came into force on October 19, 2021, and will apply to most Ontario...
View ArticleThe ABCs of PBCs: How This Relatively New Corporate Form Mandates a Broader...
Socially beneficial causes now play a large role in consumers’ and employees’ decision-making. A recent survey from 2021 shows that 44% of millennials and 49% of Gen Zers reported making choices about...
View ArticleAdverse Rulings from the IRS Exempt Organizations Division. How Can Your...
On July 1, 2022, the IRS, Director of Exempt Organizations issued an array of final adverse determinations with respect to organizations seeking exemption under 26 U.S.C. sections 501(c)(3), 501(c)(4),...
View ArticleAnother IRS Adverse Private Letter Ruling | Revocation of Tax-Exempt Status...
In this ruling, a corporation’s I.R.C. § 501(c)(3) tax exempt status was under scrutiny. The corporation (“Company”) represented in its articles of incorporation and during its Form 1023 application...
View ArticleHandbook for Directors of Nonprofit Corporations in the United States
The Handbook for Directors of Nonprofit Corporations in the United States summarizes the duties of directors of nonprofit corporations, provides general background information regarding selected...
View ArticleBuilding Nonprofit Resiliency: Strategic Steps in Times of Health
In this three-part series, we highlight strategic steps that nonprofits can take to build organizational resiliency in three different phases of its life cycle — in times of health, when initially...
View Article[Audio] Nonprofit Basics: Overview of Nonprofit Charitable Organization...
Welcome to EO Radio Show - Your Nonprofit Legal Resource, brought to you by the Exempt Organizations Group at Farella Braun + Martel. My name is Cynthia Rowland, and I'm a partner at Farella. I'm a...
View ArticleTitle IX and Tax-Exempt Status: What Two Recent Federal Court Opinions Mean...
Historically, independent schools have not been required to comply with certain federal non-discrimination laws, including Title IX of the Education Amendments Act of 1972 (Title IX), because they did...
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