News & Analysis as of

Charitable Organizations

Be The Next Paul Newman - Give 100% Of Your Business To Your Private Foundation, Newman’s Own Style

by Seyfarth Shaw LLP on

The “Bipartisan Budget Act of 2018” added the “Newman’s Own” exception to the private foundation excess business holdings rule, allowing business owners to make a charitable contribution of 100% of a business to their private...more

Nonprofit Hospitals Should Ensure Compliance with Section 501(r)

by Holland & Knight LLP on

The Affordable Care Act (ACA) added significant new statutory requirements in 2010 that must be met by all hospitals seeking or maintaining exemption from federal income tax as Section 501(c)(3) organizations (charitable...more

Authority Over Charitable Gaming in Connecticut Shifts to Municipalities

by Murtha Cullina on

Effective January 1, 2018, the authority to monitor and regulate charitable gaming in Connecticut has shifted from the Department of Consumer Protection (the “DCP”) to municipalities and towns. Charitable gaming generally...more

US Tax Reform—Changes Impacting High Net Worth Individuals

by White & Case LLP on

On December 22, 2017, the Tax Cuts and Jobs Act (the "Act") was signed into law, accomplishing the most far-reaching US tax reform in decades. While the Act contains significant changes that will impact all US taxpayers, this...more

Tax Court Holds IRS Complied With Supervisor Approval Requirement

by Fox Rothschild LLP on

The Tax Court’s recent opinion in Roth v. Commissioner, T.C. Memo. 2017-248, raises interesting issues about the need for supervisor approval when the IRS asserts penalties. In 2007, the petitioners in Roth donated a...more

Donor-Advised Funds: IRS Proposes Rule Changes - A Review of IRS Notice 2017-73

IRS Notice 2017-73 (the “Notice”) provides advance notice of U.S. Treasury and IRS’ proposed rule changes for Donor-Advised Funds (“DAF’s”).[2] Comments are requested by March 5, 2018.[3] The Notice represents a significant...more

Sweeping Tax Reform Impacts Tax-Exempt Organizations

After a short period of deliberations by the House of Representatives (the “House”) and the Senate, President Trump signed the final version of H.R. 1 into Public Law No. 115-97 on December 22, 2017 (the “New Law”). The New...more

OIG Issues Letter Declining to Impose Administrative Sanctions for Provision of Certain Free Drugs

by Holland & Knight LLP on

On Jan. 4, 2018, the HHS Office of Inspector General (OIG) issued an open letter containing guidance regarding the provision of certain free drugs to federal healthcare program beneficiaries. Specifically, the OIG stated that...more

UK charities seeking opinions on their equivalency to US tax-exempt charities

by DLA Piper on

On 2 October 2017, the IRS provided guidance to US tax advisers for issuing opinions to the effect that a non-US charity is equivalent to an analogous tax-exempt US charity (Rev. Proc. 2017-53, 2017-40 IRB 263). Few non-US...more

Tax Reform Could Cost Tax Exempt Entities

by Poyner Spruill LLP on

Under the recently enacted tax reform act (Tax Cuts and Jobs Act), tax-exempt organizations may be required to pay a 21 percent excise tax on certain compensation and certain separation pay. The new excise tax applies...more

New Tax Law Brings Penalties for Top Paid Non-Profit Executives

The “intermediate sanctions” rules under Section 4958 of the Internal Revenue Code have long governed the payment of compensation to executives of public charities. While these rules are highly prescriptive, if followed, they...more

Protect Yourself From Year-End Charitable Giving Scams

December is traditionally a busy month for charitable giving, as many donors are inspired by the holiday season to give generously to those in need, while others look to make year-end gifts that will qualify for a tax...more

Tax Reform Advisory:  Exempt Organizations

by Goulston & Storrs PC on

On December 22, 2017, the President signed into law H.R. 1, informally known as the “Tax Cuts and Jobs Act” (the “Act”), implementing sweeping changes to United States tax regimes for exempt organizations, businesses in which...more

Nonprofit Guide To The “Tax Cuts And Jobs Act”

by Seyfarth Shaw LLP on

The 2017 “Tax Cuts and Jobs Act” impacts tax-exempt organizations in a variety of ways, including by reducing incentives for charitable giving, applying an excise tax on executive compensation in excess of $1 million per...more

Tax Reform and Nonprofits: The Law Formerly Known as the Tax Cuts and Jobs Act

by Morgan Lewis on

On December 22, 2017, US President Donald Trump signed H.R. 1, enacting fundamental changes to the US tax law that affect all sectors of the economy, including nonprofits. Earlier this week, the US House of...more

When and Where are the Best Places to Donate?

by Moskowitz LLP on

You should consider donating on or before 12/31/17 as the tax law appears to be going to make a major change for 2018. Although it appears that the charitable deduction will remain a lot less people are predicted to be going...more

Tax Bill Causes Alarm for Some Charities and Tax-Exempt Organizations

by Polsinelli on

The Tax Cuts and Jobs Act, which has been renamed the Amendment of 1986 Code, was signed into law by President Trump on December 22, 2017. Many are calling it the most sweeping overhaul to the United States tax system in...more

EO Update: e-News for Charities & Nonprofits

by Bryan Cave on

Employers face a January 31, 2018, due date for filing 2017 Forms W-2 and W-3 with the Social Security Administration. This date applies to both electronic and paper filers....more

The Benefits of Making Charitable Donations

by Moskowitz LLP on

There are many benefits of making charitable donations that include the way people feel about themselves including their religious and spiritual feelings and giving back to the community. I will leave these and other benefits...more

Provisions of the Final Tax Reform Bill Affecting Nonprofit Tax-Exempt Organizations

On December 20, 2017, the Senate and House of Representatives passed H.R. 1, known as the “Tax Cuts and Jobs Act” (“Tax Reform Bill”). President Trump is expected to sign the Tax Reform Bill by early January. The Tax Reform...more

How Much Should You Give to a Charity: Or is There a Formula For Determining How Much You Should Give vs How Much You Can Afford

by Moskowitz LLP on

This answer is something that an attorney often says to a client: “it depends”. This is a highly personal decision that can encompass many factors. The personal and or religious beliefs of the person and their spouse. How...more

Donor Advised Funds May Face New IRS Rules

by Faegre Baker Daniels on

On December 4, 2017, the Treasury Department and Internal Revenue Service (IRS) issued Notice 2017-73, new proposed guidance for donor advised funds (DAFs). The public has the opportunity to comment on the following proposed...more

IRS Issues Request for Comments Regarding the Regulation of Donor Advised Funds

The Internal Revenue Service (the “IRS”) has issued Notice 2017-73 (the “Notice”) which outlines approaches the Department of the Treasury (“Treasury”) and the IRS are considering with respect to the regulation of certain...more

OIG Rescinds Advisory Opinion Regarding a Patient Assistance Charity Program

by King & Spalding on

For the first time in history, OIG rescinded an advisory opinion that had previously protected a patient assistance charity from anti-kickback statute (AKS) liability. In its letter to the charity, OIG stated that it based...more

OIG Rescinds Advisory Opinion Due to Requestor’s Failure to Disclose Information

On November 28, 2017, the Office of Inspector General (OIG) rescinded advisory opinion 06-04, in which it had previously determined that a charity’s (Requestor) proposal to provide assistance to financially needy Medicare...more

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