Proposed Changes to Financial Accounting for Not-for-Profit Entities
The Financial Accounting Standards Board (“FASB”) has issued an exposure draft of a Proposed Accounting Standards Update, Presentation of Financial Statements of Not-for-Profit Entities, which would...
View ArticleMorristown Memorial Hospital: A Tax Exemption Ruling All Nonprofit Hospitals...
A recent New Jersey Tax Court decision has nonprofit entities on edge. The decision may offer tax authorities the opportunity to pursue payments from nonprofit hospitals and may result in the...
View ArticleGroup Homes Were Not Charitable
A panel of the Commonwealth Court of Pennsylvania held that group homes maintained by a nonprofit for persons with intellectual disabilities were not entitled to real estate tax exemptions as...
View ArticleStark Litigation: The Tuomey Saga Draws to a Close
In what may be the penultimate chapter of the long–running saga of the Tuomey case, the Fourth Circuit affirmed the final judgment and award in favor of the government in its case against Tuomey...
View ArticleCopycat Ordinance: Los Angeles County to Adopt $15 Minimum Wage Similar to...
On July 21, 2015, the Los Angeles County Board of Supervisors approved a motion directing County Counsel to prepare a “Countywide Minimum Wage Ordinance” to incrementally increase the minimum wage for...
View ArticleNew Jersey Tax Court Eliminates Non-Profit Hospital’s Property Tax Exemption
On June 25, 2015, a New Jersey Tax Court issued a significant opinion in the case of AHS Hospital Corp. d/b/a Morristown Memorial Hospital v. Town of Morristown, upholding the Town of Morristown’s...
View ArticleMajor Changes to District of Columbia Zoning Regulations
Effective in early 2016, the District of Columbia Zoning Commission will adopt a major overhaul of the zoning regulations. Although the overhaul is intended to simplify and update the 1958 zoning...
View ArticleFCA Dismisses Appeal of Revocation of Charity Status
In Public Television Association of Quebec v. M.N.R. (2015 FCA 170), the Federal Court of Appeal dismissed the appeal by the Public Television Association of Quebec (“PTAQ”) of the CRA’s decision to...
View ArticleOfficer/Director Breach of Duty: If Things Get Bad Enough, There May Be Recourse
Official Comm. of Unsecured Creditors v. Baldwin (In re Lemington Home for the Aged), 777 F.3d 620 (3rd Cir. 2015) – The debtor was a nonprofit corporation that operated a nursing home. The chapter 11...
View ArticleAttorney General Issues Guidance On State Not-for-Profit Law
On April 13, 2015, the New York Attorney General’s office released two guidance documents addressing key provisions of the New York Not-for Profit Corporation Law (the N-PCL) enacted as part of the...
View ArticleChanges to Michigan Nonprofit Corporation Act Expand Liability Protection,...
As you may have heard, Michigan recently enacted significant amendments to the Michigan Nonprofit Corporation Act (the "Act"). The following is a brief overview of some of the more significant of the...
View ArticleExplaining Jon Stewart’s Monologue on Campaign Finance
After more than 16 years at the helm of The Daily Show, Jon Stewart hosted his final episode last night. The hour-long show devoted most of its running time to Stewart saying farewell to the...
View ArticleAssembly Bill 792: Removing the Term “Avoid Speculation” from California’s...
Assembly Bill 792 (AB 792) addressing investment standards for nonprofit public benefit and religious corporations was recently signed by Governor Brown in California and becomes effective January 1,...
View ArticleSecond Circuit holds that the Affordable Care Act does not violate the...
On August 7, 2015, in Catholic Health Care System v. Burwell, the Second Circuit Court of Appeals held that the Religious Freedom Restoration Act (“RFRA”) is not violated by certain regulations...
View ArticleNew York advocacy groups and tax-exempts face additional disclosure obligations
Recent judicial and administrative decisions in New York State should put not-for-profit organizations, advocacy groups and similar entities on notice about their disclosure and transparency...
View ArticleOIG Issues Favorable Advisory Opinion Regarding Employee Lease Arrangement...
Reviewing an arrangement involving the lease of employees and other operational and management services between a health system and its related psychiatric hospital, the OIG issued a favorable advisory...
View ArticleCongress Enacts New Tax Provisions That Provide Cost Savings to Taxpayers...
Congress has been promising an overhaul of the tax code for the past couple of years, with virtually no progress. However last month, Congress managed to pass new tax legislation. On July 31, 2015...
View Article“Opt Out” Accommodation Under Affordable Care Act Validated After Challenge...
In what continues to be a controversial and developing area of employment law, a federal appellate court recently validated the Affordable Care Act’s (ACA) “opt out” provision, finding that requiring...
View ArticleFOS consults on complaints obligations for NFP
FOS has issued its consultation on amendments to its standard terms affecting businesses subject to the voluntary jurisdiction. The proposal would allow not-for-profit (NFP) debt advice bodies to...
View ArticleAdded Compliance Burdens: New York Nonprofits Have to Implement Workplace...
In 2010, New York State enacted its New York Prudent Management of Institutional Funds Act (NYPMIFA); in 2012 Governor Cuomo promulgated Executive Order 38 capping excess compensation at nonprofits...
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