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Nonprofits Updates

Read need-to-know updates, commentary, and analysis on Nonprofits issues written by leading professionals.

Executive Order Regarding Contraceptive Mandate Directed toward Religious Employers

by McDermott Will & Emery on

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. Qualifying religious employers...more

UPDATE: President Trump Signs “Johnson Amendment” Executive Order Limiting Treasury’s Actions Against Religious Organizations...

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 organizations that are...more

IRS Extends Deadline to File Forms 8886 for Participants in Conservation Easement Transactions

by Taylor English Duma LLP on

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 what are the risks if...more

For-Profit Schools Ruled Exempt From Michigan Personal Property Tax

by Miller Canfield on

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 Health Midwest, Inc. v City...more

May 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 penalties or risk of losing...more

President Trump’s New Johnson Amendment Executive Order: Is the Bark Worse than the Bite?

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) charitable organizations. ...more

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 organizations. ...more

Benefits of Family Philanthropy: A Real World Example

In our current series of blog posts, Diving Into Family Philanthropy, we are exploring the choices available to families that wish to engage in family philanthropy....more

We Need a License To . . . Be a Charity?

by Ward and Smith, P.A. on

Wait a minute! Haven't we done everything we're supposed to do? We've clearly defined our charitable mission. We formed our non-profit corporation. We got our 501(c)(3) determination letter from the Internal Revenue Service...more

RLUIPA Round Up

The recent confirmation of Supreme Court Justice Neil Gorsuch has brought renewed attention to the often blurry line between the courts, government and individual religious liberty. Gorsuch wrote a concurring opinion in the...more

Jimmy Chen Seminar Attendees and Clients at Risk of Being Investigated for Tax Evasion

by Moskowitz LLP on

This past summer, Jimmy J. Chen, accountant and promoter of private charitable foundations, was charged with six felony counts of tax evasion. From 2009 through 2011, Mr. Chen apparently used his tax-exempt ChenSung Family...more

IRS Announces End Date for 403(b) Remedial Amendments

Many tax exempt employers sponsor Section 403(b) retirement plans to help their employees save money for retirement. A 403(b) plan offers the ability for an employee to make pre-tax contributions to the plan (similar to the...more

For Many Nonprofits, May 15 Is Tax Filing Deadline and Marks ‘Start of the Year’ Review

by Fox Rothschild LLP on

For nonprofit organizations, the IRS Form 990 return must be filed on or before the 15th day of the fifth month following the fiscal year-end – or May 15 for those using a Dec. 31 year-end. This deadline should also...more

Corporate Law & Governance Update - April 2017

by McDermott Will & Emery on

The following developments from the past month offer guidance on corporate law and governance law as they may be applied to nonprofit health care organizations: OVERSIGHT OF CORPORATE CULTURE - A significant emerging...more

Changes to Bayh-Dole Act Regulations Impacting Ownership of Patent Rights

by Goodwin on

Businesses and nonprofit organizations that receive federal government funding, such as NIH, DoD or SBIR grants, are required diligently to report and elect title to inventions and patent applications that have been made with...more

Update on the Department of Labor’s New Fiduciary Rules and Subsequent Challenges

On April 6, 2016, the Department of Labor under the Obama administration issued a new final rule and exemptions addressing when a person providing investment advice with respect to an employee benefit plan or individual...more

Mike Knapek and Steven Dimitt Provide ‘Tips for Handling a RLUIPA Lawsuit’

by Jackson Walker on

Attorneys Mike Knapek and Steven Dimitt represent churches and religious institutions in matters related to the Religious Land Use and Institutionalized Persons Act (RLUIPA). In a recent article published by the American Bar...more

Diving Into Family Philanthropy (Segment I): What are the benefits of family philanthropy?

1 – Teaching your financial values to the next generation. Your financial values include your beliefs about how financial resources should be managed and utilized. We all have them, though we may not have taken the time...more

Other North Carolina Alcohol Bills

by Williams Mullen on

In addition to the ABC Omnibus Legislation, and the Economic Growth for NC Distilleries / “Brunch Bill,” other alcohol-related bills being considered by the North Carolina General Assembly during the 2017 long session are as...more

SJC Issues Property Tax Ruling Regarding Religious Organization

by Foley Hoag LLP on

In a noteworthy development relevant to property tax exemptions for religious organizations in the Commonwealth, the Supreme Judicial Court issued a ruling on March 22, 2017 in Shrine of Our Lady of La Salette Inc. v. Board...more

Illinois Supreme Court Declines to Rule on Constitutionality of Illinois Hospitals' Property Tax Exemption Law

by Hinshaw & Culbertson LLP on

There have been two new developments in the long running saga over a charitable property tax exemption for hospitals in Illinois....more

IRS Warns Schools of Dangerous Email Scam

by Shipman & Goodwin LLP on

On March 28, 2017, the IRS warned schools, universities, government entities and tax exempt organizations of a dangerous email scam currently circulating nationwide and targeting employers. According to the IRS, the scammer...more

IL Supreme Court Avoids Ruling on Constitutionality of Hospital Exemption

by Franczek Radelet P.C. on

The Illinois Supreme Court has issued an opinion in Carle Foundation v. Cunningham Township, the case involving the constitutionality of the statute granting hospitals a special property tax exemption. In remanding this case...more

Benefactors Beware: Fake Charities Included in IRS List of Top Tax Scams for 2017

by Bryan Cave on

Every year, the IRS issues its “Dirty Dozen” Tax Scams list, a compilation of tactics and devices used by scam artists against taxpayers. While the threat exists year-round, the IRS promulgates the list ahead of filing...more

GOP Proposes Allowing Charities to Take Political Sides

by McGuireWoods LLP on

While speaking at the National Prayer Breakfast on Feb. 2, President Donald J. Trump vowed to “totally destroy” the Johnson Amendment. This pledge was seconded by House Ways and Means Committee Chair Kevin Brady, R-Texas, in...more

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