Articles
What Do We Mean When We Say "Nonprofit"?
Terminology obscures distinctions that are critical to understanding the rules that apply to organizations
Charities May Not Confer Private Benefits
An organization will not qualify for charitable exemption if it provides private benefit which is not quantitatively and qualitatively incidental to the public benefit of its activities.
What Constitutes ‘Church’ Eligible for Exemption?
Neither the Tax Code nor the Regulations provides a definition; The IRS uses a 14-point set of guidelines, plus the other limitations of Section 501(c)(3)
IRS Says Charities Must Control Joint Ventures
Nonprofits will lose tax exempt status if they do not have control over whole hospital joint ventures with for-profit organizations
Charities Must Avoid Excess Benefit Transactions
Intermediate Sanctions statute imposes tax on "disqualified persons" who receive more from a transaction with a nonprofit than they give in return.
IRS Proposes New Regulations To Clarify Basis For Revocation of Exemption For Excess Benefits
Service will make judgment call based on “all relevant facts and circumstances” By Eric Vieland Montgomery McCracken
IRS Issues Tips to Agents on Collecting “Automatic” Excess Benefits Taxes from Nonprofits
Benefits not reported as compensation when paid will be treated as excess even though total compensation is reasonable