Education Law, Tax Law, Labor & Employment Law

IRS Announces Plans To Look Into UBTI Reporting On A Broader Scale

by Deirdre Mitacek | Cullen and Dykman LLP on 5/17/2013

On May 8, 2013, the House Ways and Means Subcommittee on the Oversight of Tax-Exempt Organizations held a hearing on the College and University Compliance Project Final Report (“Final Report”) issued by the IRS on April 25,...more

IRS Releases College And University Compliance Project Final Report – Implications For All Tax-Exempt Organizations

by Douglas K. Anning, Virginia C. Gross, Bruce Hopkins, Thomas J. Schenkelberg | Polsinelli on 5/15/2013

On April 25, 2013, the IRS released its College and University Compliance Project Final Report, which updates the interim report issued in 2010. ...more

Five Years in the Making - IRS Releases Findings from Colleges and Universities Compliance Project

by Tyrone Thomas | Mintz Levin - Employment, Labor & Benefits on 5/13/2013

The IRS announced it is nearing completion of a five year long compliance project involving tax-exempt colleges and universities. The project, which began with questionnaires to 400 randomly-selected institutions, focused on...more

Recent 403(b) Developments

by King & Spalding on 5/8/2013

Background - 403(b) retirement plans are similar to 401(k) plans, but the employers who may establish 403(b) plans are limited to public schools, certain tax exempt employers (including religious and charitable...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Exempt and Nonprofit Organizations Alert: IRS Addresses UBTI and Executive Compensation Issues"

by Fred T. Goldberg, Jr., Daniel Kurtz, Vivienne LaBorde, Emily Lam, J.J. Harwayne Leitner, Coleen McGrath, David O'Connell, Sarah Paul | Skadden, Arps, Slate, Meagher & Flom LLP on 5/8/2013

IRS Addresses Issues of Unrelated Business Taxable Income and Executive Compensation in Colleges and Universities Compliance Project Report - On April 25, 2013, the Internal Revenue Service (IRS) released its Final...more

Regulatory Focus on Colleges and Universities Is Increasing

by Marla K. Conley | Schnader Harrison Segal & Lewis LLP on 5/8/2013

In the last two weeks, both the IRS and Congressional officials announced major milestones in the increasing regulatory focus on colleges and universities. First, the IRS emphasized misreported taxable income and...more

IRS Issues Final Report on Colleges and Universities Compliance Project

by Edward Chaney, Matthew Elkin, Kimberly Eney, Alexander Reid, Celia Roady, Caroline Waldner | Morgan Lewis on 5/6/2013

Report offers lessons for many tax-exempt organizations on unrelated business taxable income and executive compensation....more

IRS Releases Final Colleges and Universities Compliance Report: Reveals Significant Underreporting

by Richard Frazier, Elizabeth Mullen | Saul Ewing LLP on 5/1/2013

A recent report of the IRS’ Exempt Organizations (EO) division provides the results of a multi-year audit of tax-exempt colleges and universities regarding their compliance with IRS reporting requirements. The report focuses...more

Compensation and Unrelated Business Income are Focus of IRS Colleges and Universities Report

by Ropes & Gray LLP on 4/29/2013

Just a few weeks before many tax-exempt organizations file their annual Form 990, the IRS yesterday released its final report on the Colleges and Universities Compliance Project, which it had initiated in 2008 by sending...more

Higher Education Highlights - Spring 2013

by James Keller, William Manning, Christine Pickel, James Taylor, Jr. | Saul Ewing LLP on 4/9/2013

In This Issue: - U.S. Supreme Court to Rule on Causation Factor in Retaliation Claims - Student Sues University Over the Right to Keep a Guinea Pig in a College Dorm for Emotional Support - Delaware...more

Alabama Legislative Update – Week 8: Burning The Midnight Oil

by Denise Killebrew, Dennis Nabors | Baker, Donelson, Bearman, Caldwell &... on 4/9/2013

When lawmakers returned on April 2 for the second half of the 2013 Regular Session, the 16th legislative day resulted in one of the longest of the year, with both houses adjourning close to midnight and then putting in long...more

Alabama Legislative Update – Week 5: "Right to Work" Amendment Passed

by Baker, Donelson, Bearman, Caldwell &... on 3/13/2013

In the wake of the controversy surrounding the passage of the Alabama Accountability Act, the legislative process slowed considerably in the State House. However, there was some movement on a few significant pieces of...more

Tax-Free Employee Educational Assistance Programs Extended by Fiscal Cliff Legislation

by David Glaser | Patterson Belknap Webb & Tyler LLP on 1/4/2013

At the end of last year, we alerted you that the beneficial tax treatment of educational assistance programs under Section 127 of the Internal Revenue Code (the Code) pursuant to which an employer pays, or reimburses, an...more

Impending Change in Tax Treatment of Educational Assistance Programs

by Patterson Belknap Webb & Tyler LLP on 12/27/2012

There is an impending change in the tax treatment of educational assistance programs under which an employer pays, or reimburses, an employee for up to $5,250 in educational assistance under a written plan of the employer. As...more

Education Update (No. 3, July 2012): Your School Is Religious – Does That Mean It's Exempt?

by Fisher & Phillips LLP on 7/5/2012

You've just received notice from your state unemployment commission that the School owes $10,000 in back unemployment taxes. You don't understand how this occurred since your religious school has always been treated as exempt...more

Education Update - July 2012, No. 3

by Fisher & Phillips LLP on 7/3/2012

In This Issue: - Your School Is Religious – Does That Mean It’s Exempt? By Greg Ballew (Kansas City) - You’ve just received notice from your state unemployment commission that the School owes $10,000 in back...more

Under the Dome: Inside the Maine State House Special Edition - Final Issue: 2012 Summary of New Maine Laws

by Pierce Atwood LLP on 6/4/2012

We are pleased to share our Final Issue of the 2012 Summary of New Maine Laws in this special edition of Under the Dome: Inside the Maine State House. You may recall that we sent you a preliminary version of our 2012...more

Hidden Problems within Sabbaticals and Other Professional Development Leave Programs

by Mintz Levin - Employment, Labor & Benefits on 5/16/2012

From corporations to prestigious research universities, employers sometimes permit employees to take time away for extended periods. The names of these programs may vary, e.g., they may be related to a sabbatical or...more

Recent Developments for Exempt Organizations, Including 2011 Year in Review

by Ropes & Gray LLP on 3/12/2012

Dow at 13,000 Edition It is with a profound sense of tradition that we assemble and distribute a 2011 “Year in Review” in March, 2012, instead of simply tweeting what IRS Commissioner Shulman had for breakfast this...more

Payment Matters: CMS Instructs Teaching Hospitals on Reporting FICA Tax Refunds for Medical Residents

by Ober|Kaler on 1/27/2012

On March 10, 2010, the IRS determined that medical residents are exempt from FICA taxes based on the student exception, for tax periods ending before April 1, 2005. Although the refunds apply to tax periods ending before...more

Political Activities By Non-Profit Educational Institutions

by Fisher & Phillips LLP on 1/6/2012

The 2012 election season is upon us. There will be hotly-debated contests throughout the nation, culminating in national and local contests this fall. Each political cycle, schools face questions regarding their...more

Terminating a 403(b) Plan: Final Regulations Give a Green Light, but Employers Should Proceed with Caution

by Patterson Belknap Webb & Tyler LLP on 11/20/2011

Originally published in the Tax Management Compensation Planning Journal, 39 CPJ 227, 11/04/2011. In July 2007, the Internal Revenue Service (IRS) issued final regulations (the ‘‘Final Regulations’’) under §403(b) of the...more

Two Classes of Annuity Providers Do Not Violate § 403(b) Universal Availability Requirement

by Sutherland Asbill & Brennan LLP on 11/4/2011

In Private Letter Ruling 201142033 (July 25, 2011), the Internal Revenue Service (IRS) ruled that the IRC § 403(b) universal availability requirement was not violated merely because (i) a university system made available two...more

Some Colleges and Universities to Receive 403(b) Plan Questionnaires from IRS

by Franczek Radelet P.C. on 5/25/2011

The Internal Revenue Service has announced that it is sending 403(b) compliance questionnaires to a random selection of approximately 300 colleges and universities (both public and private) as part of an increased effort to...more

The Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010

by Duane Morris LLP on 12/28/2010

Last-Minute Year-End Tax Planning Possible with the Passage of the Long-Anticipated Legislation On December 17, 2010, President Obama signed into law the greatly contested and debated Tax Relief, Unemployment Insurance...more

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Education Law › Tax Law › Labor & Employment Law