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Category Archives: Nonprofit Structures, Relationships & Transactions

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Section 501(c)(4) Notice Requirement: IRS Implements New Notice System for Organizations Claiming Exemption Under Section 501(c)(4), Announces Updated Compliance Deadlines

Posted in AG, IRS, FTB, & Property Tax Proceedings, Formation & Tax Exempt Status, IRS, Nonprofit Structures, Relationships & Transactions, Tax Treatment of Lobbying & Political Activities

The IRS has finally caught up with Congress with respect to the new notice requirement for new organizations claiming exemption under Section 501(c)(4).  Narrowly (?) missing its self-imposed July 1 deadline for implementing this requirement, the IRS last week released new temporary (and proposed) regulations, a Revenue Procedure (Rev. Proc. 2016-41) explaining the notification system,… Continue Reading

IRS to Roll Out New Section 501(c)(4) Notice System on July 1?

Posted in AG, IRS, FTB, & Property Tax Proceedings, Formation & Tax Exempt Status, IRS, Nonprofit Structures, Relationships & Transactions, Tax Treatment of Lobbying & Political Activities

A while back, we blogged about a new notification requirement for organizations claiming exemption under Section 501(c)(4) imposed by Congress’s adoption last December of the PATH Act of 2015.  The Path Act created a new section of the Internal Revenue Code, Section 506, which requires new and certain existing (see below) Section 501(c)(4) organizations to… Continue Reading

California Tax Lawyer Publishes “Proposed Guidance for Donor Advised Funds”

Posted in AG, IRS, FTB, & Property Tax Proceedings, Charitable Gift Planning, Nonprofit Structures, Relationships & Transactions, Public Charities

The California Tax Lawyer recently published Proposed Guidance for Donor Advised Funds, a policy paper co-authored by Adler & Colvin associate attorney Jorge Lopez and Courtney Nash of Farella, Braun + Martel.  The authors describe the history of DAFs, and explain the changes made with adoption of new rules as part of the Pension Protection… Continue Reading

New Domain Names Available for Nonprofits

Posted in Formation & Tax Exempt Status, International Charitable Transactions & Operations, Nonprofit Governance & Ethics, Nonprofit Structures, Relationships & Transactions, Private Foundations, Public Charities

As of May 7, 2015, nongovernmental organizations that meet certain eligibility requirements can purchase two new web domains – “.ngo” and “.ong.” Public Interest Registry, the nonprofit that manages the .org web domain, launched the new domains exclusively for nonprofits, unlike the .org domain which is available to both nonprofits and for-profits.  The new domains… Continue Reading

Fiscal Sponsorship Survey Seeks Responses by May 8th

Posted in Grantmaking & Social Investing, Nonprofit Network Affiliations, Nonprofit Structures, Relationships & Transactions, Public Charities

The National Network of Fiscal Sponsors (NNFS) has released a new field survey designed to gather current, relevant information on organizations engaged in fiscal sponsorship.  Click HERE to complete the survey no later than May 8, 2015. We encourage all fiscal sponsors to participate in the survey to ensure that the resulting report represents a… Continue Reading

New Year’s Treasure? AB 1712 Clarifies that Nonprofits May Claim Unclaimed Property of Certain Dissolved Affiliates in California

Posted in Nonprofit Structures, Relationships & Transactions, Private Foundations, Public Charities, Unions, Associations, Clubs & Other Tax-Exempt Organizations

This past August, Governor Jerry Brown signed into law AB 1712, which amends the California Code of Civil Procedure to clarify that certain nonprofit organizations whose affiliates have dissolved may claim the unclaimed property of those dissolved entities under the state’s unclaimed property system. Unclaimed Property Law in California California’s Unclaimed Property Law provides a… Continue Reading

New Payout Requirements for Non-functionally Integrated Type III Supporting Organizations: Comment Period for Proposed Regulations Closes March 28, 2013

Posted in Formation & Tax Exempt Status, Nonprofit Structures, Relationships & Transactions, Public Charities

On December 28, 2012, the Treasury Department issued final, temporary, and proposed regulations regarding Type III supporting organizations (“Type III SOs”), effective that day.  The final and temporary regulations, including the substantial preamble, are here.  The temporary and proposed portions of the new regulations, available here, address the calculation of the annual payout requirement for… Continue Reading

IRS Issues Guidance on the Deductibility of Donations to LLC Subsidiaries of Section 501(c)(3) Organizations

Posted in Nonprofit Structures, Relationships & Transactions, Private Foundations, Public Charities

The past week saw the publication of guidance from the IRS that the charitable sector has been awaiting for eleven years:  under Notice 2012-52, donors to a limited liability company (LLC) wholly owned by a Section 501(c)(3) organization can claim a charitable deduction under Section 170.  The notice is effective for contributions made on or… Continue Reading