Nonprofit Law Matters

Tag Archives: public charity

Independent Sector Webinar, April 19, on Charities and Elections

Posted in Tax Treatment of Lobbying & Political Activities

Independent Sector, a leading national organization of nonprofits, will host a webinar on Tuesday, April 19, at 2:00 p.m. Eastern time (11:00 a.m. Pacific) on the topic “How 501(c)(3)s Can Engage with Candidates and Voters.” On the panel, our own Greg Colvin will cover the basic do’s and don’ts, and describe nonpartisan ways that charities can… Continue Reading

Do’s & Don’ts: Public Charities in an Election Year

Posted in Public Charities, Tax Treatment of Lobbying & Political Activities

You’re a public charity.  Maybe you’re brand new; or maybe you’ve existed for years but suddenly have an issue your constituents need to know about on the ballot this year.  Maybe one of your Board members is a candidate for elective office.  Maybe you’d like to host a debate.  Maybe you want to register your… Continue Reading

IRS Recognizes Exemption for Nonprofit Community Newspaper

Posted in AG, IRS, FTB, & Property Tax Proceedings, Formation & Tax Exempt Status, Public Charities, Revenue Generating Activities

In recent years, the dramatic expansion of digital news content, and the redirection of advertising dollars away from print, has caused an equally dramatic decline in the viability of print journalism.  At the same time, the IRS has demonstrated increased skepticism about whether journalism is charitable, given the historically commercial aspect of news publication. One… Continue Reading

New Developments affecting Private Foundation Confirmation of Grantee Charity Status

Posted in Grantmaking & Social Investing, Private Foundations, Public Charities

As has been publicized recently, the IRS has a new web search tool, “Exempt Organizations Select Check.”  This tool allows users to search for organizations that are eligible to receive tax-deductible contributions (the Publication 78 data), as well as organizations that have been automatically revoked for non-filing (the “auto-revoke list”).    This data is, among other… Continue Reading

Automatic Excess Benefit Transactions

Posted in IRS, FTB & Attorney General Controversies, Nonprofit Governance & Ethics, Public Charities

Did you know that if a 501(c)(3) public charity or a 501(c)(4) social welfare organization fails to properly substantiate payments that it makes to its insiders as either compensation or reimbursement, those payments may be subject to significant excise taxes?  Under Internal Revenue Code Section 4958, the IRS may impose intermediate sanctions on any “excess… Continue Reading

Form 8940 Requests and Other Recent Dealings with the IRS

Posted in Private Foundations, Public Charities, Religious Institutions

For several months now, the new IRS Form 8940 has been available for use by Section 501(c)(3) charities (and nonexempt charitable trusts) in filing a variety of requests with the IRS.  The form can be used to request (a) advance approval of certain set-asides described in Section 4942(g)(2) of the Internal Revenue Code, (b) advance approval… Continue Reading