To be or stay exempt under section 501(c)(3) of the Internal Revenue Code, an organization must be operated exclusively for one or more of the exempt purposes described in section 501(c)(3) (“exempt purposes”). The first part of a compliance analysis with respect to this requirement referred to as the...
IRS & FEDERAL TAX ISSUES
WCTEO 2022 Highlights
The following are some of the highlights from the 2022 Western Conference on Tax Exempt Organizations (WCTEO). After a two-year hiatus from in-person meetings, It was great seeing and speaking with new and old friends and colleagues practicing, teaching, and writing in the area of nonprofit and exempt organizations...
Two Recent Treasury Inspector General Reports on Exempt Orgs
Earlier this autumn, the Treasury Inspector General for Tax Administration (TIGTA) released two important reports regarding the IRS’s administration and oversight of tax-exempt organizations: (1) Review of the IRS’s Enforcement Program for Tax-Exempt Organizations That Participate in Illegal or Nonexempt Activities and (2) More Information Is Needed to Make...
2022 Western Conference on Tax Exempt Organizations
The 26th Annual Western Conference on Tax-Exempt Organizations (WCTEO), my #1 go-to conference every year for the past 17 years, will be held at the Omni Hotel in downtown Los Angeles on Thursday, December 1, and Friday, December 2. You can register for this in-person conference jointly hosted by...
2022 Exempt Organizations Symposium – Part 3
This is part three of a three-part list of highlights from the Exempt Organizations Symposium held by the American Bar Association Tax Section’s Exempt Organizations Committee on September 8, 2022. Also see Part 1 (Political and Lobbying Activities, News from IRS/Treasury/Hill) and Part 2 (DAOs, Illegality). Charities and the First Amendment:...
2022 Exempt Organizations Symposium – Part 2
This is part two of a three-part list of highlights from the Exempt Organizations Symposium held by the American Bar Association Tax Section’s Exempt Organizations Committee on September 8, 2022. You can find Part 1 here. The Tao of DAO: Charity and Decentralized Autonomous Organizations Glossary DAO – generally,...
2022 Exempt Organizations Symposium – Part 1
The American Bar Association Tax Section’s Exempt Organizations Committee held an Exempt Organizations Symposium virtually on September 8, 2022. We’ll publish some highlights in multiple posts starting with this one. Subcommittees on Political and Lobbying Activities of Exempt Organizations and Religious Organizations Family Research Council (FRC) obtained recognition of...
Additional Skepticism of Form 1023-EZ
Figure 4: Taxonomy of 501(c)(3) Organizations Approved in FY 2021 A startup nonprofit wishing to apply for IRS recognition of tax-exemption under 501(c)(3) must file either Form 1023 or Form 1023-EZ. The Form 1023-EZ is only available to organizations that meet certain eligibililty requirements, including projection of gross revenues...
Restatement of the Law, Charitable Nonprofit Organizations
Restatement of the Law, Charitable Nonprofit Organizations is a treatise on the law of charities published by the American Law Institute. Restatements are highly respected secondary sources relied upon by lawyers, academics, judges, and others as persuasive, but not binding, authority. This Restatement, published in 2021, is the first one...
Joint Committee on Taxation: Political and Lobbying Activities of Tax-Exempt Organizations (April 2022)
The Subcommittee on Taxation and IRS Oversight of the Senate Committee on Finance held a public hearing on May 4, 2022, entitled “Laws and Enforcement Governing the Political Activities of Tax Exempt Entities.” The Joint Committee on Taxation (JCT) prepared a document in connection with the hearing containing an...