Update on Johnson Amendment Repeal Bills
During his presidential campaign, President Trump promised to repeal the “Johnson Amendment” which established the absolute prohibition on political campaign activity by 501(c)(3) charitable...
View ArticlePresident Trump’s New Johnson Amendment Executive Order: Is the Bark Worse...
Earlier last week we reported on proposed bills regarding the repeal or modification of the “Johnson Amendment” which established the absolute prohibition on political campaign activity by 501(c)(3)...
View ArticleMay 15 Is Tax Filing Deadline for Many Tax-Exempt Organizations
This is a reminder that tax-exempt organizations operating on a calendar-year (January 1 – December 31) have a filing deadline for Form 990-series information returns on May 15. To avoid potential...
View ArticleFor-Profit Schools Ruled Exempt From Michigan Personal Property Tax
In a departure from past interpretation, the Michigan Supreme Court issued a ruling on May 1, 2017 expanding the use of personal property tax exemptions available to for-profit institutions. In SBC...
View ArticleIRS Extends Deadline to File Forms 8886 for Participants in Conservation...
Individuals investing in Conservation Easement Transactions have many questions. Why is the IRS attacking Conservation Easements? Why do I have to file these extra forms? When do I file the forms and...
View ArticleUPDATE: President Trump Signs “Johnson Amendment” Executive Order Limiting...
On May 4, 2017, President Trump signed an executive order that directs the executive branch to limit its enforcement of the “Johnson Amendment.” As previously reported, the Johnson Amendment prohibits...
View ArticleExecutive Order Regarding Contraceptive Mandate Directed toward Religious...
Late last week, President Donald Trump signed an executive order directing federal agencies to look into exempting religious employers from the Affordable Care Act’s (ACA) contraceptive mandate....
View ArticleWhat President Trump’s Executive Order Means for 501(c)(3) Political Activity
Recently, President Trump signed his Executive Order “Promoting Free Speech and Religious Liberty.” It directs the Secretary of the Treasury to exercise discretion to avoid taking any adverse action...
View ArticleIRS Guidelines Provide Greater Flexibility to Nonprofit Borrowers
New guidelines from the Internal Revenue Service substantially overhaul safe harbors that have existed for 20 years. Specifically, the IRS recently released Revenue Procedure 2017-13 (“Rev. Proc....
View ArticleAppellate Court Holding Extends FOIA to College Foundation
Recently the Second District Appellate Court issued an opinion holding that the Illinois Freedom of Information Act (FOIA) applied to certain records in the possession of the College of DuPage...
View Article501(r) Audits Are Here: What You Need to Know
The Affordable Care Act imposed new requirements on tax-exempt hospitals under Section 501(r) of the Internal Revenue Code. Section 501(r) and its implementing regulations present a complex framework...
View ArticleHow To Select A Merger/Reorganization Structure That Is Right For Your Nonprofit
The nonprofit sector has seen a dramatic rise in the number of mergers and reorganizations. The constant need to reduce costs, especially in the health care sector, seems to be the driving force behind...
View ArticleDiving Into Family Philanthropy (Segment II): What giving vehicle is right...
We recommend waiting to choose a giving vehicle (or vehicles) until you have a clear sense of your family’s philanthropic objectives. Once identified, those philanthropic goals, in addition to tax and...
View ArticleReminder: N-PCL and EPTL Amendments To Go Into Effect May 27, 2017
Last year, we posted about amendments to the New York Not-for-Profit Corporation Law (the “NPCL”) and the New York Estates, Powers and Trusts Law (the “EPTL”). As we noted, the amendments were signed...
View ArticleGrant and cooperative-agreement recipients: Are your procurement standards...
Local governments, Native American tribes, institutions of higher education, or non-profit organizations (including health care organizations) that receive grants or cooperative agreements (or part of...
View ArticleHospital Sales: No State Approval Required for Non-Operating Debtor
The Bankruptcy Court for the Central District of California determined the Attorney General’s approval was not required for the sale of a non-operating, non-profit hospital because the hospital no...
View ArticleSchool Districts Taking Advantage of New H-1B Cap Exemption Regulations
With the increased focus on foreign language programs — particularly the popularity of immersion programs in which the foreign language is used for instruction rather than as the subject of...
View ArticleDiving into Family Philanthropy (Segment III): Making your family...
Family foundations that distribute grants to worthy charitable organizations to accomplish their philanthropic goals are a familiar part of the charitable landscape. While grant making is an important...
View ArticleCorporate Law & Governance Update - June 2017
Board Termination of the "Unethical CEO" - An important new study concludes that CEO terminations for ethical lapses (as a percentage of overall CEO successions) has dramatically increased over the...
View ArticleThe Supreme Court - June 5, 2017
The Supreme Court of the United States issued decisions in five cases today: Advocate Health Care Network v. Stapleton, No. 16-74: This case involves whether three church-affiliated nonprofits that run...
View Article