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More About This Title The Law of Tax-Exempt Organizations + Website, Eleventh Edition 2017 Cumulative Supplement
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The Law of Tax-Exempt Organizations + Website is the definitive reference for leaders and lawyers of tax-exempt organizations. Written by the field's most respected authority, this book provides comprehensive coverage of all currently relevant regulations to help you make informed decisions about the future of your organization. This new 2017 cumulative supplement includes important updates and revisions with respect to tax regulations and court opinions, including expanded discussion on the private benefit doctrine and unrelated business activity, governance, donor-advised funds, and supporting organizations. Accessible language and extensive tabular information allow for easy navigation and quick reference, while the companion website features additional resources that provide additional depth on specific topics.
Tax laws are continuously evolving, and the statutes and regulations for tax-exempt organizations change more quickly than most. This book compiles all of the latest pertinent statutes, regulations, rulings, and court opinions into a single reference that no nonprofit should be without.
- Get up to date on the latest changes to tax regulations for exempt organizations
- Learn the new and expanded rules for supporting organizations
- Review recent IRS rulings, Treasury Department regulations, and court opinions
- Find answers to the emerging issues surrounding the commerciality doctrine governance, unrelated business, constitutional law issues, and much more
Failure to keep pace with changing tax law can easily result in costly penalties; in the non-profit world, each and every dollar is precious—by staying up to date on tax-exempt regulations, you not only avoid penalties, but you may discover new developments that actually benefit your bottom line. The Law of Tax-Exempt Organizations + Website provides the information you need, and the expert guidance to help you take advantage of every opportunity.
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BRUCE R. HOPKINS(Kansas City MO) is a senior partner with the firm Polsinelli Shughart PC. He is also the author or coauthor of more than twenty-five books, all published by Wiley, including TheLaw of Tax-Exempt Organizations, Tenth Edition, The New Form 990, Nonprofit Governance, and Nonprofit Law Made Easy. Hopkins earned his Juris Doctorate and Master of Laws degrees at the George Washington University. He has practiced law for 40 years and is a member of the District of Columbia and Missouri bars. Mr. Hopkins received the 2007 Outstanding Nonprofit Lawyer Award (Vanguard Lifetime Achievement Award) from the American Bar Association, Section of Business Law, Committee on Nonprofit Corporations. He is listed in The Best Lawyers in America, Nonprofit Organizations/Charities Law, 2007-2008.
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Preface xi
1 Definition of and Rationales for Tax-Exempt Organizations 1
1.1 Definition of Nonprofit Organization 1
1.2 Definition of Tax-Exempt Organization 2
1.4 Political Philosophy Rationale 2
2 Overview of Nonprofit Sector and Tax-Exempt Organizations 3
2.1 Profile of Nonprofit Sector 3
2.2 Organization of IRS 4
3 Source, Advantages, and Disadvantages of Tax Exemption 7
3.2 Recognition of Tax Exemption 7
4 Organizational, Operational, and Related Tests and Doctrines 9
4.1 Forms of Tax-Exempt Organizations 9
4.2 Governing Instruments 9
4.9 State Action Doctrine 11
4.11 Commerciality Doctrine 11
5 Nonprofit Governance 13
5.7 IRS and Governance 13
6 Concept of Charitable 15
6.2 Public Policy Doctrine 15
6.3 Collateral Concepts 16
7 Charitable Organizations 17
7.4 Provision of Housing 17
7.6 Promotion of Health 17
7.7 Lessening Burdens of Government 18
7.14 Fundraising Organizations 19
7.16 Other Categories of Charity 19
8 Educational Organizations 21
8.1 Federal Tax Law Definition of Educational 21
8.2 Education Contrasted with Propaganda 21
8.3 Educational Institutions 21
9 Scientific Organizations 25
9.1 Federal Tax Law Definition of Science 25
10 Religious Organizations 27
10.1 Constitutional Law Framework 27
10.2 Federal Tax Law Definition of Religion 28
10.3 Churches and Similar Institutions 28
10.5 Conventions or Associations of Churches 28
11 Other Charitable Organizations 29
11.9 Endowment Funds 29
12 Public Charities and Private Foundations 31
12.3 Categories of Public Charities 31
12.4 Private Foundation Rules 32
13 Social Welfare Organizations 33
13.1 Concept of Social Welfare 33
13.2 Requirement of Community 33
14 Business Leagues and Like Organizations 35
14.1 Concept of Business League 35
14.2 Disqualifying Activities 35
15 Social Clubs 37
15.1 Social Clubs in General 37
17 Political Organizations 39
17.6 Taxation of Other Exempt Organizations 39
18 Employee Benefit Funds 41
18.3 Voluntary Employees’ Beneficiary Associations 41
19 Other Categories of Tax-Exempt Organizations 43
19.6 Cemetery Companies 43
19.19 Qualified Tuition Programs 43
19.20 Able Programs 44
19.22 Governmental and Quasi-Governmental Entities 44
20 Private Inurement and Private Benefit 45
20.1 Concept of Private Inurement 45
20.3 Definition of Insider 45
20.4 Compensation Issues 46
20.5 Other Forms of Private Inurement 46
20.12 Private Benefit Doctrine 47
21 Intermediate Sanctions 49
21.9 Rebuttable Presumption of Reasonableness 49
21.10 Excise Tax Regime 49
22 Legislative Activities by Tax-Exempt Organizations 51
22.3 Lobbying by Charitable Organizations 51
22.6 Legislative Activities of Business Leagues 51
23 Political Campaign Activities by Tax-Exempt Organizations 53
23.2 Prohibition on Charitable Organizations 53
23.5 Political Activities of Social Welfare Organizations 54
23.7 Political Activities of Business Leagues 54
24 Unrelated Business: Basic Rules 55
24.1 Introduction to Unrelated Business Rules 55
24.2 Definition of Trade or Business 55
24.3 Definition of Regularly Carried On 56
24.5 Contemporary Applications of Unrelated Business Rules 56
24.9 Unrelated Debt-Financed Income 57
24.10 Tax Structure 58
24.11 Deduction Rules 58
25 Unrelated Business: Modifications, Exceptions, and Special Rules 59
25.1 Modifications 59
25.2 Exceptions 59
25.3 Special Rules 60
26 Exemption Recognition and Notice Processes 61
26.1 Recognition Application Procedure 61
26.2 Requirements for Charitable Organizations 72
26.3A Notice Requirements for Social Welfare Organizations 73
26.6 Requirements for Certain Prepaid Tuition Plans 74
26.9 Rules for Other Organizations 74
26.10 Group Exemption Rules 75
26.14 Forfeiture of Tax Exemption 75
26.14A Modification of Tax Exemption 75
26.15 Constitutional Law Aspects of Process 76
27 Administrative and Litigation Procedures 77
27.1 Administrative Procedures Where Reognition Denied 77
27.2 Revocation or Modification of Tax-Exempt Status: Administrative Procedures 78
27.3 Retroactive Revocation of Tax-Exempt Status 78
27.6 Revocation of Tax-Exempt Status: Litigation Procedures 79
27.7 IRS Examination Procedures and Practices 80
27.10 IRS Disclosure to State Officials 84
28 Operational Requirements 85
28.1 Changes in Operations or Form 85
28.2 Annual Reporting Rules 86
28.3 Annual Information Return 86
28.4 Notification Requirement 86
28.11 Irs Document Disclosure Rules 87
28.12 Document Disclosure Obligations of Exempt Organizations 88
28.18 Tax-Exempt Organizations and Tax Shelters 88
28.19 International Grantmaking Requirements 89
29 Tax-Exempt Organizations and Exempt Subsidiaries 91
29.6 Revenue from Tax-Exempt Subsidiary 91
30 Tax-Exempt Organizations and For-Profit Subsidiaries 93
30.2 Potential of Attribution to Parent 93
30.7 Revenue from For-Profit Subsidiary 93
32 Tax-Exempt Organizations: Other Operations and Restructuring 95
32.7 Single-Member Limited Liability Companies 95
32.10 Conversion from Nonexempt to Exempt Status 95
32.11 Conversion from One Exempt Status to Another 96
APPENDIX A: Sources of Tax-Exempt Organizations Law 97
Table of Tax-Exempt Organizations Law Tax Reform Proposals 103
Cumulative Table of Cases 109
Cumulative Table of IRS Revenue Rulings 139
Cumulative Table of IRS Revenue Procedures 153
Cumulative Table of IRS Private Determinations Cited in Text 155
Cumulative Table of IRS Private Letter Rulings, Technical
Advice Memoranda, and Counsel Memoranda 173
Cumulative Table of Cases Discussed in Bruce R. Hopkins’ Nonprofit Counsel 205
Cumulative Table of IRS Private Determinations Discussed in Bruce R. Hopkins’ Nonprofit Counsel 217
Index 239
