The quick and admittedly general answers (because there are exceptions) are: (1) yes, a nonprofit can own a for-profit; and (2) no, a for-profit cannot own a nonprofit, but it can select all of the nonprofit’s board members and thereby largely control the nonprofit. Can a Nonprofit Own a...
A nonprofit organization organized and operated for charitable purposes may be exempt under Section 501(c)(3) of the Internal Revenue Code while a nonprofit organized and operated to promote the common business interest of its members and not to engage in regular business activities ordinarily carried on for profit may be exempt under...
10 years ago, I presented at an ethnic and community news media conference on “The Nonprofit Option.” Since then, as expected, we have witnessed a substantial decline in commercial news media. Changes in technology, consumption, and advertising have driven this decline, which has also resulted in increased polarization and...
Despite many people’s belief that grantmaking is restricted to entities known as foundations, public charities can and many do engage in grantmaking. This post focuses on grantmaking by public charities and generally does not address the more restrictive rules applicable to private foundations. Terminology Part of the confusion lies...
Terrorism, in many forms, has tragically continued to plague our global society, and we are tremendously saddened by the horrific events in Sri Lanka this past weekend. Nonprofits, including religious institutions, are often among those victimized and those that take leadership in recovery. But in extremely rare circumstances, nonprofits...
NEO Principal Erin Bradrick and Carrie Garber Siegrist of Faegre Baker Daniels LLP, Washington, D.C. are presenting a webcast for American Law Institute Continuing Legal Education on Maximizing Nonprofit Impact: Key Considerations in 501(c)(3) and 501(c)(4) Affiliations on Tuesday, March 26, at 9:30 – 11:00 am PT / 12:30...
The Internal Revenue Service recently released the 2018 Form 990 (Return of Organization Exempt From Income Tax) and the Instructions for Form 990. Form 990 is an annual information return required to be filed with the IRS by most organizations exempt from income tax under Section 501(a) of the...
Originally published in part on LinkedIn My prediction for 2019 is very broad and perhaps obvious: an increase in conflicts. Certainly among political parties, political candidates, and political ideologies. But also within the nonprofit sector, which is composed of organizations that represent and/or support political actors and ideologies across...
On December 10, 2018, the Internal Revenue Service (IRS) issued interim guidance on the treatment of qualified transportation fringe benefit expenses under the Tax Cuts and Jobs Act (TCJA). According to the IRS press release: The new rules assist taxpayers in determining the amount of parking expenses that are no...
The 2018 Western Conference on Tax Exempt Organizations (WCTEO) is currently taking place in Los Angeles. Here are some selected running highlights. Washington Updates IRS 2018-2019 Priority Guidance Plan – Implementation of the Tax Cuts and Jobs Act (Items 21, 34, 39, 40, 58); Exempt Organizations (pp. 16-17); General Tax Issues (Item...