Non-Profits

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Weekly Update Newsletter - September 2014

In this issue: - GSA OASIS and OASIS Small Business Contracts are Ready for Business - DoD Issues Proposed Rule to Update FOIA Program - Has the IRS Become Gun-Shy on Regulating Nonprofits? -...more

Lawful but Awful: Red Cross Says Hurricane Sandy Distributions Are Trade Secrets

While the term “trade secret” generally makes people think of Coca-Cola’s secret formula, software source codes, or company client lists, trade secret law has evolved to include everything from proprietary formulae to...more

Advocacy Organizations’ Complaint Puts a Spotlight on Potential Noncompliance by Nonprofit Hospitals

On August 25, two advocacy organizations filed a complaint with the Internal Revenue Service (IRS) alleging noncompliance by a hospital system with respect to certain community benefit requirements imposed by the Patient...more

Nonprofit Alert: Minnesota Public Benefit Corporation Act - Who Will Measure the Benefit, and How?

On January 1, 2015, the Minnesota Public Benefit Corporation Act (the Act) takes effect, and will allow the formation of public benefit corporations for the first time in this state. Public benefit corporations are not...more

California Creates Exemption from Finance Lenders Law for Certain Nonprofits

The state of California amended its Finance Lenders Law in an effort to help individuals obtain access to affordable, credit-building small dollar loans. The new law makes exempt from Finance Lenders Law a nonprofit...more

Nonprofit Hospital Revenue Growth Slows

For the second straight year in a row, nonprofit hospital expenses have increased more than revenue, according to a study of 383 hospital systems by Moody’s Investors Service released on August 27, 2014. In an article...more

What’s Ahead for 2015: Preparing Your Nonprofit’s Group Health Plan for the Employer Mandate

In this presentation: - Introduction to the Play-or-Pay Rules - Identifying Full-Time Employees - New Reporting Requirements - Excerpt from Introduction to the Play-or-Pay Rules: Employer...more

IRS Applies 20th Century Analysis To 21st Century Social Organization

Code §501(c)(7) provides an exemption from federal income tax for clubs organized substantially for pleasure, recreation, and other nonprofitable purposes if no part its net earnings inures to the benefit of a private...more

Federal Grant and Contract News for Nonprofits - August 2014

As is an annual tradition in Washington, the month of August is relatively quiet. However, the Court of Federal Claims (COFC) did issue a recent decision that provided guidance on how to distinguish a grant or cooperative...more

Organic Internet Growth: New .ORGANIC Domain Names Launch

If an organic standards body has approved you or your product, you are likely eligible to register an .organic domain name. Interested brand owners should apply as soon as possible and before the sunrise period closes on...more

Fourth Circuit Issues Reminder to Plan Proponents: Evidentiary Support is Required for Non-Debtor Releases

While a minority of circuits, such as the Ninth Circuit (see, e.g., In re Lowenschuss, 67 F.3d 1394 (9th Cir. 1995), have reasoned that bankruptcy courts lack the authority to approve non-debtor releases based on the language...more

Privacy and Data Security for Your Nonprofit?: Understanding Your Legal Obligations and Insuring against Risk

In this presentation: - The Cyber Threat Landscape - Top 4 Risks to Nonprofits - Risks Are Getting Riskier… – Part 1: Top 4 Industry Trends – Part 2: Top 4 Legal Developments - Ten Steps...more

Drafting and Revising Bylaws: Common Pitfalls, Best Practices, and Maximizing the Effective Governance of Your Nonprofit

In this presentation: - Top 10 Tips for Bylaw Amendments – General Process Considerations – Governance Hierarchy – Specific Provisions to Note • Purposes Clause • Membership...more

To Pay (Directors) or Not to Pay – That is the Question

The question of whether to pay the directors of a tax-exempt organization is hotly contested. Although this practice is legal, there can be drawbacks with providing compensation. Despite the perceived hesitancy to compensate...more

Federal Grant and Contract News for Nonprofits - July 2014

This month's newsletter focuses on one of the more important and scrutinized aspects of being a federal grant recipient: monitoring project performance efforts, and the project performance efforts of subrecipients.1 While the...more

Real Estate Tip - Keep It in The Family?

Using a will to give a commercial building to a loved one, a business partner or even a charitable organization is not ideal planning. Adverse tax consequences, the public probate process and operational difficulties aside,...more

Benesch Perspectives - July 2014 Newsletter

In this issue: - Not-for-Profit Spotlight - Giving to Religion Trending Downward for a Decade - What You Can Learn from Giving 2014 - Is the Front Door Closing on the Parsonage...more

Department of Labor Brief Provides More Guidance on Interns

In the past, we’ve explained the DOL’s test for whether employers must pay their interns. Put simply, public employers and qualifying not-for-profit entities do not have to pay their interns. On the other hand, private...more

New Law Nullifies Property Tax Exemption for Buildings Sold by Nonprofits

What happens to a property tax exemption when a nonprofit sells its building to an entity that will use it for a non-exempt purpose? As of July 1, 2014, and extending through 2015, the new owner will owe property tax on the...more

Should You Take on a Client Who’s Forming a Nonprofit?

You get a call from a potential client who wants to set up a new nonprofit organization. Here are some questions to ask before you commit to the task. The first thing to do when asked to set up a nonprofit is to gather...more

Wealth Management Update - August 2014

August Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts - The August § 7520 rate for use with estate planning techniques such as CRTs, CLTs, QPRTs and...more

Surviving the AG Conversion Process: Tips for Nonprofit Hospitals

Any manager of a nonprofit health facility involved in a sale, merger or other affiliation knows that undergoing such complicated transactions can become a major distraction from the day-to-day task of running the facility. A...more

IRS Releases Form 1023-EZ for Certain Nonprofit Organizations

The IRS recently issued Form 1023-EZ for use by certain nonprofit organizations applying for tax-exempt status under Section 501(c)(3). With the IRS’ tax-exempt unit under recent political scrutiny, a nonprofit organization...more

IRS’ New Form 1023-EZ Streamlines 501(c)(3) Applications

Streamlined? Easy? Rarely are these two words used to describe activities by the Internal Revenue Service. However, the regulatory landscape for small nonprofits seeking exempt status is changing, and on July 1, 2014, the...more

Is Your Charity Eligible? IRS Makes Filing For Tax Exemption Easier.

What is Form 1023-EZ? - On July 1, 2014, the Internal Revenue Service introduced a new, shorter application for smaller charities to apply for tax-exempt status under Section 501(c)(3) of the Internal Revenue Code. ...more

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