Nonprofit Hospital Revenue Growth Slows
For the second straight year in a row, nonprofit hospital expenses have increased more than revenue, according to a study of 383 hospital systems by Moody’s Investors Service released on August 27,...
View ArticleCalifornia Creates Exemption from Finance Lenders Law for Certain Nonprofits
The state of California amended its Finance Lenders Law in an effort to help individuals obtain access to affordable, credit-building small dollar loans. The new law makes exempt from Finance Lenders...
View ArticleFee-Shifting Bylaw Developments In The Courts
Those expecting that the Delaware court, in a case involving Hemispherx, would soon address the as-applied validity of a fee-shifting bylaw may be disappointed. (As discussed in this post and this...
View ArticleNonprofit Alert: Minnesota Public Benefit Corporation Act - Who Will Measure...
On January 1, 2015, the Minnesota Public Benefit Corporation Act (the Act) takes effect, and will allow the formation of public benefit corporations for the first time in this state. Public benefit...
View ArticleAdvocacy Organizations’ Complaint Puts a Spotlight on Potential Noncompliance...
On August 25, two advocacy organizations filed a complaint with the Internal Revenue Service (IRS) alleging noncompliance by a hospital system with respect to certain community benefit requirements...
View ArticleLawful but Awful: Red Cross Says Hurricane Sandy Distributions Are Trade Secrets
While the term “trade secret” generally makes people think of Coca-Cola’s secret formula, software source codes, or company client lists, trade secret law has evolved to include everything from...
View ArticleHealth Care Reform Implementation Update
As summer rolls to a close, the agencies continue to make announcements and roll out additional regulations. The Department of Health and Human Services (HHS) introduced the new CEO of Healthcare.gov,...
View ArticleWeekly Update Newsletter - September 2014
In this issue: - GSA OASIS and OASIS Small Business Contracts are Ready for Business - DoD Issues Proposed Rule to Update FOIA Program - Has the IRS Become Gun-Shy on Regulating Nonprofits? - Notices...
View ArticleNew Requirements for Commercial Co-Venturers in South Carolina
Governor Nikki Haley signed into law House Bill 3367, which amends the South Carolina Solicitation of Charitable Funds Act, and took effect upon the governor's signature. Some of the new registration...
View ArticleTissue Bank Owned By For-Profit And Leased To Related Non-Profit Exempt From...
In Hamilton County Assessor v. SPD Realty, LLC, Cause No. 49T10-1104-TA-28 (May 27, 2014) (March 1, 2009 assessment date), the Indiana Tax Court affirmed the grant of a charitable purpose exemption...
View ArticleIRS Releases Streamlined Application for Tax-Exempt Status
The Internal Revenue Service (the “IRS”) has significantly streamlined the application process for small nonprofits seeking recognition as tax-exempt 501(c)(3) organizations through the release of a...
View Article"Nonprofit Traps and Pitfalls"
Many of us lawyers are involved with nonprofits. Some of us assist clients in incorporating and providing legal advice to nonprofits, and others of us serve on nonprofit boards. Nonprofit law is...
View ArticleEnhancements to Florida's Solicitation of Funds Law Now Effective
In response to the Tampa Bay Times investigative story, "America's Worst Charities," Florida’s Commissioner of Agriculture Adam Putnam worked with the Florida Legislature to enact material enhancements...
View ArticleIRS Affirms Treatment of Short Sales for UBTI Purposes
Since there are many hedge funds that utilize short selling as part of their investment strategy, it is important for hedge fund investors, including tax exempt organizations, to understand the U.S....
View ArticleCanadian government vs. Ottawa think tank - a battle of bias
Classic case of they said, they said - Last year, the Canada Revenue Agency began auditing an Ottawa-based think tank, accusing the company of being “biased and one-sided.” Now, more than 400 academics...
View ArticleBooster Club's Revenues: Supportive of a Charity or Reducing Parental...
Booster clubs have long been used as fundraising arms for affiliated sports organizations. Establishing a booster club as a 501(c)(3) public charity provides the added benefit of enabling contributors...
View ArticleMishandling Medical Records Turns Into an $800,000 HIPAA-Compliance Mistake
A non-profit healthcare company agreed to pay $800,000 as part of a settlement with the U.S. Department of Health and Human Services (HHS) for allegedly mishandling 71 boxes of medical records in...
View ArticleIRS Releases New Form 1023-EZ for Smaller Charities Applying for Tax-Exempt...
On July 1, 2014, the Internal Revenue Service (“IRS”) released a new application form to assist small charities applying for recognition of tax-exempt status for federal income tax purposes under...
View ArticleCharitable contributions and the FCPA – 6 simple steps to help ensure your...
As part of the growing culture of corporate social responsibility, many companies seek to give back to the communities in which they conduct business. But when the charitable giving takes place outside...
View ArticleIndiana Property Tax Exemptions: Church Permitted To File Letter In Lieu Of...
Church properly used letter of notification (and not official application) to claim exemption; previously granted exemption rolled forward. The Indiana Board of Tax Review applied a 100% property tax...
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