Nonprofits Administrative Agency

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MoFo New York Tax Insights - Volume 5, Issue 12 - December 2014

In This Issue: - ALJ Rejects New York City’s Attempt to Forcibly Combine Bank and Its Non-New York City Mortgage Subsidiary - Tribunal Amends Decision Upholding Disallowance of Nonresident Partner’s Loss from...more

How to project gainful employment rates - Part 1

On October 31, the U.S. Department of Education promulgated its new “gainful employment” or “GE” regulations. As we discussed in a prior post, the new rules apply to all programs offered by for-profit, proprietary...more

California Enacts Bill to Combat Noncompliant Charities

The California State Legislature recently passed Assembly Bill 2077 (“AB 2077”). AB 2077, which was signed by Governor Brown, is designed to make it more difficult for charities that have not complied with their registration...more

Qualifying for 501(c)(3) Tax Exempt Status is Tricky

The entities in the following IRS Technical Advice Memorandum and Private Letter Rulings failed to qualify for tax exempt status because they were not operated exclusively for exempt purposes. An organization must be...more

Whistleblower verdict upheld against Chicago State University

A Cook County judge recently upheld the verdict in a whistleblower case against Chicago State University. In February 2014, former university employee James Crowley told a jury that Chicago State fired him after he reported...more

Health 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, awarded grants to 147...more

"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 surprisingly complex. ...more

Last Minute Uncertainty for Registered Charities Under Canada’s Anti-Spam Law

Canadian registered charities seeking to comply with Canada’s new anti-spam law (CASL) recently received some disappointing news. CASL is a very complex law and many important issues remain ambiguous and uncertain. Several...more

Office of Management and Budget Releases New “Omni-Circular” Uniform Administrative Requirements, Cost Principles, and Audit...

On December 26, 2013, the Office of Management and Budget (“OMB”) released a comprehensive guidance that makes changes to the fragmented existing guidance on Administrative Requirements, Cost Principles, and Audit...more

Standing to Seek Enforcement of Charitable Trusts

“It is the duty of the king, as parens patriae, to protect property devoted to charitable use; and that duty is executed by the officer who represents the crown for all forensic purposes.” Jackson v. Phillips, 96 Mass. (14...more

What Public Administrators Can Learn from the Catholic Scandal

Public administrators need to be aware of good crisis management approaches. Mr. Tom Barth has written an interesting article drawing out lessons for public administrators from the Catholic Church's failures and successes in...more

Charter Schools: Leasing a surplus building from the District of Columbia

The District of Columbia has a special program to lease surplus buildings to Charter Schools. Read Roberta Colton's article to find out the details. and best practices....more

Higher Education Oversight and Governance (presentation): Role of a College Board of Trustees

Effective governance and oversight is a critical function for college and university boards of trustees. Recent scandals at prestigious universities, at least one of which resulted in significant sanctions and monetary...more

Virginia Supreme Court Opinion Affecting Local Government Law, January 10, 2013

Today, the Virginia Supreme Court issued one opinion affecting Virginia local government law. Congratulations to the County of Albemarle and the City of Charlottesville! The Local Government Attorneys of Virginia supplied an...more

American Taxpayer Relief Act Of 2012 Impact On Charitable Giving And Exempt Organizations

The American Taxpayer Relief Act of 2012 (the “Act”) was passed by the United States Congress on January 1, 2013 and signed into law by President Obama on January 2, 2013. The following provisions of the Act should be of...more

OIG Approves Gift Cards to Encourage Clinical Visits to Health Center

In Advisory Opinion 12-21, the OIG concluded that a Federally qualified health center’s offer of grocery store gift cards to capitated managed care patients would not constitute grounds for the imposition of sanctions under...more

IRS Issues Regulations on Type III Supporting Organizations

Effective December 28, 2012, the IRS published final regulations on the qualification requirements for “Type III” supporting organizations (SOs), and issued temporary regulations that establish a payout requirement for...more

NLRB Asserts Jurisdiction Over Chicago Nonprofit Corporation That Operates Charter School

In a 3-1 decision in Chicago Mathematics & Science Academy Charter School, Inc. and Chicago Alliance of Charter Teachers & Staff, IFT, AFT, AFL-CIO, the National Labor Relations Board (NLRB) asserted jurisdiction over a...more

Education Update, No. 1, January 2013: Give Generously, Keep It Legally

About a month ago, one of the school’s families that owns a popular restaurant and bar held a special fundraising event whereby 20% of the proceeds from every meal served were donated to the school. The school sent out email...more

Contrary to Union's Argument, NLRB Finds Jurisdiction Over Nonprofit Corporation Operating Charter School in Chicago

In Chicago Mathematics & Science Academy Charter School, Inc., 359 NLRB No. 41 (Dec. 14, 2012), the National Labor Relations Board ("the Board" or "NLRB") rejected the position of a teachers' union and found that it had...more

New York Attorney General Issues Proposed Regulations to Require Nonprofits to Publicly Disclose Their Political Expenditures and...

New York Attorney General Eric T. Schneiderman has issued proposed regulations that would require many nonprofit organizations to annually disclose certain information about their political spending and their donors’...more

A.G. Schneiderman Announces New Electioneering Disclosure Requirements for Nonprofits

On December 12, 2012, New York Attorney General Eric Schneiderman announced new proposed disclosure rules for New York-registered nonprofits designed to bring more transparency to electioneering activities by tax-exempt,...more

What the Local Government Center’s Reorganization Means to Communities (And Taxpayers)

This New Hampshire Public Radio Broadcast features Bernstein Shur Attorney Andru Volinsky. The on-going fight between the state of New Hampshire and one of the nation’s largest insurance risk pool managers is an...more

IRS and Treasury Release Annual Priority Guidance Plan

The IRS and Treasury Department have released their annual Priority Guidance Plan (the “Plan”) for the 2012-2013 fiscal year. The 35-page Plan is available here and includes thirteen projects directly related to Exempt...more

HHS OIG agrees to not challenge certain per diem coverage charge payments to specialist providers providing services to non-profit...

On October 30, 2012, the Office of Inspector General, Department of Health and Human Services ("OIG") posted an Advisory Opinion stating it would not challenge an arrangement in which a non-profit hospital pays per diem...more

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