News & Analysis as of

Hospital's Lab Testing for Non-Patients Held to be Related Activity

On July 11, 2014, the IRS released a Technical Advice Memorandum ("TAM") finding that a tax-exempt hospital's income from the performance of laboratory services for non-patients was not subject to the unrelated business...more

IRS Denies Exempt Status under Section 501(c)(4) For Too Much Political Activity

Earlier this year, while Washington was fixated on former Internal Revenue Service (IRS) employee Lois Lerner and her missing emails, her former employer quietly denied the application for exemption of an organization seeking...more

Restructuring of tax-exempt obligations used to finance affordable housing projects and “tax reissuance”

Recently I have assisted several clients restructure the tax-exempt obligations originally issued to finance their affordable housing projects. The purpose of these restructurings has been for anything from reducing the...more

Tax Law Changes on the Horizon for Exemption Applications

A significant change is pending regarding the Internal Revenue Service’s Application for Recognition of Exempt Status (IRS Form 1023). If approved by the Treasury’s Office of Management and Budget (OMB), the change will...more

Rules Tax-Exempt Health Care Organizations Need to Know

It’s that time again – another election year. And if your organization is exempt under Section 501(c)(3) of the Code (“Exempt Organization” or “EO”), the EO cannot participate in, or intervene in, any political campaign on...more

Application For Tax Exempt Status To Be Eased By IRS – Except For The Tea Party

In 2013, the IRS revealed that it had selected ”social welfare” groups (like the Tea Party) applying for tax-exempt status for closer scrutiny. That investigation is still ongoing and it has given the IRS a black eye....more

Changes to Community Benefit Reporting for Tax-Exempt Hospitals

For tax year 2013, the Internal Revenue Service (IRS) has made a change to the manner in which tax-exempt organizations that operate one or more hospital facilities compute community benefit for purposes of reporting on...more

Recent Developments and Trends for Exempt Organizations

2013 was something of a lost year for the Exempt Organizations (EO) Division of the IRS. In the spring, the Division was embroiled in a controversy involving the targeting of conservative advocacy groups that led to the...more

IRS Releases Helpful Guidance for Tax-Exempt Hospitals

The IRS released guidance at the end of 2013 that is helpful for tax-exempt hospitals in complying with the detailed additional federal tax requirements set forth in section 501(r) of the Internal Revenue Code. The guidance...more

IRS Issues Guidance For Tax-Exempt Hospitals Under Section 501(R)

In This Issue: - What You Need to Know - Background ..Notice 2014-2 ..Notice 2014-3 - Correction of a Failure ..Proper Disclosure of Failure ..What You Should Do Now - Excerpt from...more

IRS Publishes Two Notices with Additional Guidance for Tax-Exempt Hospitals Regarding Section 501(r) Compliance

On December 30, 2013, the Internal Revenue Service (“IRS”) released two notices related to Section 501(r) of the Internal Revenue Code of 1986, as amended (the “Code”) which should be of interest to tax-exempt hospitals. The...more

IRS Introduces New Procedures for Reinstatement of Tax-Exempt Status

Tax-exempt organizations that have had their tax-exempt status automatically revoked because of failure to file required annual returns for three consecutive years can follow new procedures for seeking reinstatement of their...more

IRS Provides Procedures For Retroactive Reinstatement Of Section 501(C)(3) Status

Code Section 6033(j) provides for the automatic revocation of Section 501(c)(3) status for organizations that fail to file the requisite annual returns or notices for three years. Despite IRS warnings of its intent to...more

IRS Issues Proposed Regulations Regarding Section 501(c)(4) Organizations

In This Issue: - Proposed Regulations - Comments Solicited - What You Should Do Now - For More Information - Excerpt from Proposed Regulations: The proposed regulations are designed to reduce...more

IRS Issues New Guidance for Exempt Hospitals: Proposed Procedures for Correcting and Disclosing Violations of Section 501(r)

The IRS has issued new guidance to assist Section 501(c)(3) nonprofit hospital organizations in complying with the requirements of Section 501(r), enacted by the Affordable Care Act. ...more

Volunteer Hours Of Firefighters And Emergency Responders Can Be Excluded From ACA's Shared Responsibility Calculation

Executive Summary: The Department of Treasury has posted a statement on its blog indicating that the volunteer hours of volunteer firefighters and volunteer emergency medical personnel do not need to be included in...more

IRS Issues Notices 2014-2 And 2014-3 To Assist Not For Profit Hospitals Comply With §501(r)

On 12/30/2013, the IRS issued two Notices designed to help §501(c)(3) hospitals comply with Internal Revenue Code (IRC) § 501(r). Section 501(r) is part of the Affordable Care Act and requires each tax exempt hospital to (1)...more

IRS Releases Two Notices for Tax-Exempt Hospitals

On December 30, 2013, the Internal Revenue Service issued two notices related to Section 501(r) of the Internal Revenue Code, which provides guidelines for hospital organizations wishing to retain tax-exempt status. Notice...more

New Year’s Nonprofits: Resolve to be Patient While Waiting for Tax-Exempt Status

The start of a New Year brings about a flurry of charitable planning. Frequently, new nonprofits are formed to support year-end charitable gift tax planning or to prepare for a January 1 start date to begin new charitable...more

IRS Publishes Safe Harbor for Monetizing Certain Tax Credits

Following Historic Boardwalk Hall LLC v. Commissioner, 694 F.3d 425 (3d Cir. 2012), which rejected a partnership's allocation of rehabilitation tax credits to a purported partner, the Internal Revenue Service (IRS) recently...more

Nonprofits Need Strong Fiscal And Financial Policies And Procedure (Excerpt)

Exercise care in settting compensation for executives who are board members. New Jersey law permits compensation for a trustee for services to a nonprofit so long as such compensation is in the organization's best interests...more

IRS Draft of 2013 Form 990 and Instructions

Earlier this year the IRS issued drafts of the 2013 Form 990, Return of Organization Exempt From Income Tax, and 2013 Form 990 Instructions. Although there were no major changes to the Form 990, there were several changes and...more

Taxes and Politics Collide in New IRS Guidelines for 501(c)(4) Organizations: IRS Proposes to Restrict Political Activities of...

On November 29, 2013, the Internal Revenue Service (“IRS”) issued proposed rules, “Guidance for Tax-Exempt Social Welfare Organizations on Candidate-Related Political Activities” (78 Fed. Reg. 71535-71542 (Nov. 29, 2013)),...more

Proposed Rules May Curtail Political Activities by Nonprofit Organizations

Summary - Last week, the Internal Revenue Service (“IRS”) published a proposed rule concerning the political activities of nonprofit organizations. The proposed rule may make it significantly more difficult for...more

Tax Law Blog: Interactive Form to Assist in Applying for 501(c)(3) Status

The IRS has started a "Stay Exempt" program for exempt organizations to assist in applying for and maintaining tax-exempt status. The website has tips and links to resources and online training videos in an effort to "ensure...more

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