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Tax Exempt Entities 501(c)(3)

Faegre Drinker Biddle & Reath LLP

Five Things to Know About Election Participation as November 5 Approaches

As general Election Day approaches, businesses, corporate executives and employees may take opportunities to become involved in the administrative and political processes central to determining the outcomes of local, state...more

Farella Braun + Martel LLP

REFRESH Nonprofit Basics: Navigating the Complex Rules That Describe a Public Charity

Welcome to EO Radio Show - Your Nonprofit Legal Resource. I'm Cynthia Rowland, and this is the fourth "refresh" of several original episodes published in the summer of 2022. As we near the end of summer, it's a good time to...more

Sheppard Mullin Richter & Hampton LLP

IRS Audits & Ongoing Scrutiny of Nonprofit Hospitals – Key Background & Action Steps

The IRS is underway with conducting audits of 35 §501(c)(3) hospitals, which it announced in June 2024, with a particular focus on “community benefit.” Targeted hospitals appear to be those who reported low community benefit...more

Faegre Drinker Biddle & Reath LLP

Fourth Circuit’s Buettner-Hartsoe Ruling and Its Potential Effect on Race-Conscious Criteria in Grantmaking

In late March 2024, in the case of Donna Buettner-Hartsoe v. Baltimore Lutheran High School Association, the U.S. Court of Appeals for the Fourth Circuit considered whether exemption from federal income tax under Internal...more

Hinckley Allen

Final Regulations for Energy Investment Subsidies Available to Tax-Exempt Entities

Hinckley Allen on

On March 5, 2024, the IRS issued final regulations under Internal Revenue Code Section 6417 (the “Final Regulations”) with respect to energy tax credits which are directly payable to State and local governmental entities as...more

Polsinelli

FTC Final Rule Banning Most Non-Competes Passes – What Nonprofits Need to Know

Polsinelli on

On April 23, 2024, the Federal Trade Commission (“FTC”) conducted a special Open Commission Meeting to vote on a Final Rule (the “Rule”) banning most non-compete clauses as an “unfair method of competition.” By a vote of 3-2,...more

Polsinelli

Spring Cleaning for your Nonprofit: Dusting Off Your Articles, Bylaws, and Form 1023

Polsinelli on

Every nonprofit is unique, with its own mission, structure, and history. At the same time, they share certain common characteristics – core governing documents, Form 1023, and an IRS determination letter, to name just a few....more

Farella Braun + Martel LLP

Nonprofit Quick Tip: State Filings in North Carolina and South Carolina

Welcome to EO Radio Show - Your Nonprofit Legal Resource. Episode 75 is the tenth in a series of Quick Tip episodes focusing on the details of state registration of nonprofit corporations. Today, Cynthia Rowland and Joe...more

Epstein Becker & Green

Fourth Circuit Holds Federal Tax-Exempt Status Does Not Subject Private Independent School to Title IX Responsibility

In an earlier article, we discussed how a federal district court’s decision that mere 501(c)(3) status can trigger obligations under Title IX created shock waves throughout the private independent school community. A recent...more

McGuireWoods LLP

Fourth Circuit: School’s 501(c)(3) Status Does Not Constitute Federal Financial Assistance for Title IX Purposes

McGuireWoods LLP on

On March 27, 2024, in a long-awaited decision that carries major implications for 501(c)(3) organizations and independent schools, the Fourth Circuit held that an independent school’s 501(c)(3) tax-exempt status did not...more

Venable LLP

Title IX and Tax-Exempt Status: Fourth Circuit Holds That 501(c)(3) Status Is Not Federal Financial Assistance

Venable LLP on

In 2022, and as previously discussed here, two separate federal district courts each held that an independent school's status as a 501(c)(3) tax-exempt organization is considered a school's receipt of federal financial...more

Foley & Lardner LLP

To 457(b) or Not to 457(b): Five Rules You Must Follow to Keep Your 457(b) Plan Compliant

Foley & Lardner LLP on

Recruiting and retaining top executives can be challenging for non-governmental tax-exempt organizations such as Code §501(c)(3) organizations, private universities, and certain healthcare organizations (Nonprofits). Not only...more

Fisher Phillips

A Sigh of Relief for Private Schools: 4th Circuit Rules Tax-Exempt Status Does Not Trigger Title IX Coverage

Fisher Phillips on

A federal appeals court ruled Wednesday that Title IX does not apply to a private school based purely on its nonprofit status, reversing a lower court’s bombshell decision that put the entire private and independent school...more

Farella Braun + Martel LLP

REFRESH Nonprofit Basics: Election Year Issues for Private Foundations and Public Charities - Private Foundation Advocacy

Welcome to EO Radio Show - Your Nonprofit Legal Resource. Here we are, solidly in the 2024 election year, and that means that private foundations need to refresh their understanding of election year issues for organizations...more

Farella Braun + Martel LLP

REFRESH Nonprofit Basics: Election Year Issues for Private Foundations and Public Charities - Legislative Lobbying and Advocacy...

Welcome to EO Radio Show - Your Nonprofit Legal Resource. As most listeners are undoubtedly aware, 2024 is an election year, and that means that charities and private foundations need to refresh their understanding of...more

Farella Braun + Martel LLP

REFRESH Nonprofit Basics: Election Year Issues for Private Foundations and Public Charities - Candidate Campaign Intervention

Welcome to EO Radio Show - Your Nonprofit Legal Resource. I’m Cynthia Rowland, and this is episode 66 of EO Radio Show. Happy New Year to all of you! As most listeners are undoubtedly aware, 2024 is an election year, and that...more

Lathrop GPM

The Corporate Transparency Act and Tax-Exempt Organizations

Lathrop GPM on

Beginning January 1, 2024, many types of legal entities must report information regarding their “beneficial owners” and certain other information (collectively, “BOI”) to the Financial Crimes Enforcement Network (“FinCEN”)....more

Farella Braun + Martel LLP

In the Weeds With New Supporting Organization Regulations

Welcome to EO Radio Show - Your Nonprofit Legal Resource. I'm Cynthia Rowland, and today’s episode discusses highly technical Supporting Organization rules for public charity qualifications for charitable organizations. Last...more

Freeman Law

Nonprofits and Prohibited Inurement (?)

Freeman Law on

It’s always wonderful when Congress includes in a statute a word that practically no one – except maybe tax attorneys – might use in their lifetime, much less in day-to-day parlance: Inure. When was the last time you used the...more

McGuireWoods LLP

2023 Key Developments Impacting Nonprofits and Donors

McGuireWoods LLP on

The tax-exempt sector employs 29% of the American workforce and controls nearly $53 trillion in assets according to IRS statistics. Tax-exempt organizations also account for about 26% of the $1.5 trillion in federal tax...more

Farella Braun + Martel LLP

Nonprofit Quick Tip: State Filings in Alaska and Hawaii

Welcome to EO Radio Show – Your Nonprofit Legal Resource. I'm Cynthia Rowland, and this is the fourth in a series of quick tip episodes focusing on the details of state registration of nonprofit corporations. Today, with the...more

Orrick, Herrington & Sutcliffe LLP

Using Qualified 501(c)(3) Private Activity Bonds to Finance Affordable Housing Projects in the District of Columbia

Certain 501(c)(3) organizations may finance affordable rental housing projects in the District of Columbia (the “District”) using tax-exempt “qualified 501(c)(3) bonds” without volume cap (“PABs”) issued through the...more

Freeman Law

IRS Issues Exempt Organizations Technical Guide for Disqualifying and Non-Exempt Activities for 501(c)(3) Organizations

Freeman Law on

On July 14, 2023, the IRS issued Technical Guide 3-10 for Disqualifying and Non-Exempt Activities – Trade or Business Activities – IRC Section 501(c)(3). The TG 3-10 discusses the “fragmentation” of nonprofit and for-profit...more

Venable LLP

IRS Takes Skeptical View of NIL Collectives

Venable LLP on

In a recent memorandum issued by the Office of Chief Counsel, the Internal Revenue Service (IRS) concluded that many "NIL Collectives" may not qualify as tax-exempt under Section 501(c)(3) of the Internal Revenue Code of...more

Venable LLP

Myths about Lobbying, Political Activity, and Tax-Exempt Status - Are You Limiting Opportunities to Advance Your Nonprofit...

Venable LLP on

Many 501(c)(3) or 501(c)(6) organizations shy away from lobbying and election-related activities out of concern for their tax status. But by failing to employ lobbying and political tactics, nonprofit organizations and...more

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