Nonprofit organizations are subject to a complex set of regulations and laws.Written in plain English, this book keeps tax-exempt organizations up-to-dateon all current regulations pertaining to tax-exempt organizations. It ensuresprofessionals are well-prepared to make decisions about their organizations' actions and future and is a definitive one-volume source of information on federal laws by the leading legal authority in the nonprofit sector. This guide is supplemented annually to keep the lawyers and managers of nonprofit organizations on top of the latest nonprofit legal and tax developments. INDICE: Note to the Reader: Sections not in the main bound volume are indicated by ‘‘(New)’’ after the title.About the Online Resources xiiiAbout the Author xvPreface xviiBook Citations xixPART ONE INTRODUCTION TO THE LAW OF TAX-EXEMPT ORGANIZATIONS 11 Definition of and Rationales for Tax-Exempt Organizations 31.2 Definition of Tax-Exempt Organization 31.7 Freedom of Association Doctrine 32 Overview of Nonprofit Sector and Tax-Exempt Organizations 52.1Profile of Nonprofit Sector 52.2 Organization of the IRS 6(b) Tax-Exempt and Government Entities Division 6PART TWO FUNDAMENTALS OF THE LAW OF TAX-EXEMPT ORGANIZATIONS 73 Source, Advantages, and Disadvantages of Tax Exemption 93.2 Recognition of Tax Exemption 93.2A Recognition of Public Charity, Private Foundation Status 94 Organizational, Operational, and Related Tests and Doctrines 114.3 Organizational Test 11(a) Statement of Purposes 11(b) Dissolution Requirements 114.4 Primary Purpose Test 124.5 Operational Test 12(a) Basic Rules 12(c)Aggregate Principle 134.6 Exclusively Standard 134.7 Commensurate Test 13(a) Application of Commensurate Test 13(b) Charitable Spending Initiative 144.7A Consideration of Organizations’ Names (New) 144.8 State Action Doctrine 15(a)Doctrine in General 16(b) Doctrine as Applied to Social Clubs 19(c) Doctrine and Other Exempt Organizations (New) 19(d) Statutory Law 214.10 Commerciality Doctrine 21(a) Origin of Doctrine 21(b) Contemporary Application of Doctrine 22(c) Contemporary Perspective on Doctrine 224.11 Social Enterprise Developments (New) 22(a) Concept of Social Enterprise 23(b) Program-Related Investments 24(c) Low-Profit Limited Liability Companies 24(d) B Corporations 25(e) BenefitCorporations 25(f) Flexible Purpose Corporations 255 Nonprofit Governance 275.7 IRS and Governance 27(b) IRS Ruling Policy 28PART THREE TAX-EXEMPT CHARITABLE ORGANIZATIONS 296 Concept of Charitable 316.2 Public Policy Doctrine 31(c) Gender-Based Discrimination 31(d) Other Forms of Discrimination 31(e) Affirmative Action Principles 316.3 Charitable Concepts 32(a) Requirements of Charitable Cases 32(j) Tax Exemption Does Not Create Contract 32(m)Tax Exemption Does Not Create Charitable Trust 327 Charitable Organizations 337.3 Credit Counseling 33(d) Statutory Criteria for Exemption 337.4 Provisions of Housing 337.6 Promotion of Health 34(b) Additional Statutory Requirements for Hospitals 34(i) Fitness Centers 35(j) Other Health Care Organizations 35(k) Regional Health Information Organizations 35(l) Health Insurance Exchanges (New) 35(m)Accountable Care Organizations (New) 377.11 Promotion of Social Welfare 427.15 Other Categories of Charity 42(a) Environmental Protection 42(e) Local Economic Development 438 Educational Organizations 458.2 Education Contrasted with Propaganda 458.3 Educational Institutions 45(a) Schools, Colleges, and Universities 459 Scientific Organizations 479.1 Federal Tax Laws Definition of Science 479.2 Concept of Research 4710 Religious Organizations 4910.1 Constitutional Law Framework 49(a) General Constitution Law Principles 49(b) Constitutional Law and TaxExemption 4910.3 Churches and Similar Institutions 50(a) General Principles 50(b) Associational Test 50(c) Perspective 5110.7 Apostolic Organizations 5111 Other Charitable Organizations 5311.2 Amateur Sports Organizations 5311.8 Donor-Advised Funds 53(a) Donor-Advised Fund Basics 53(b) Statutory Criteria 53(c)Treasury Department Report 5412 Public Charities and Private Foundations 5712.3 Categories of Public Charities 57(c) Supporting Organizations 57PART FOUR OTHER TAX-EXEMPT ORGANIZATIONS 5913 Social Welfare Organizations 6113.1 Conceptof Social Welfare 61(b) Benefits to Members 6113.2 Requirements of Community 61(a) Community and Condominium Associations 6114 Business Leagues and Like Organizations 6314.1 Concept of Business League 63(c) Line-of-Business Requirement 6314.2 Disqualifying Activities 63(a) Line-of-Business Requirements 63(b) For-Profit Business Activities 64(c) Performance of Particular Services 6415 Social Clubs 6515.1 Social Clubs in General 65(b) Club Functions 6515.6 Sale of Club Assets 6516 Labor, Agricultural, and Horticultural Organizations 6716.1 Labor Organizations 6718 Employee Benefit Funds 6918.3 Voluntary Employees’ Beneficiary Association 6919 Other Tax-Exempt Organizations 7119.2 Title-Holding Corporations 71(b) Multiple-Parent Organizations 7119.4 Fraternal Organizations 71(b) Domestic Fraternal Societies 7119.5 Benevolent or Mutual Organizations 72(b) Mutual Organizations 7219.7 Credit Unions 7219.11 Veterans’ Organizations 72(a) General Rules 7219.17 Railroad Retirement Investment Trust 7219.18 Qualified Health Insurance Issuers 7219.19 Qualified Tuition Programs 73(c) Other Rules 7319.21 Governmental and Quasi-Governmental Entities 73(b) Income Exclusion Rule 73PART FIVE PRINCIPAL EXEMPT ORGANIZATION LAWS 7520 Private Inurement and Private Benefit 7720.4 Compensation Issues 77(a) Meaning of Compensation 77(b) Determining Reasonableness of Compensation 77(c) Percentage-Based Compensation 7820.5 Other Forms of Private Inurement 78(h) Services Rendered 78(j) Retained Interests 78(j-l) Business Referral Operations (New) 78(k) Embezzlement 7820.8 Private Inurement and Social Welfare Organizations 7920.10 Private Inurement and Social Clubs 7920.11 Private Benefit Doctrine 79(a) General Rules 79(b) Incidental Private Benefit 80(d) Perspective 8021 Intermediate Sanctions 8321.2 Tax-Exempt Organizations Involved 8321.4 Transactions Involved 83(a) General Rules 83(f) Scholarships and Similar Grants 8321.6 Intermediaries8421.13 Indemnification and Insurance 8422 Legislative Activities by Tax-Exempt Organizations 8522.3 Lobbying by Charitable Organizations 85(b) Concept of Lobbying 8522.6 Legislative Activities of Business Leagues 85(a) Business Expense Deduction Disallowance Rules 8522.7 Legislative Activities of Other Tax-Exempt Organizations 8522.9 Constitutional Law Framework 8623 Political CampaignActivities by Tax-Exempt Organizations 8723.2 Prohibition on Charitable Organizations 87(b) Participation or Intervention 8723.3 Political Campaign Expenditures and Tax Sanctions 8823.5 Political Activities of Social Welfare Organizations 88(b) Political Campaign Activities 8823.8 Political Activities by OtherExempt Organizations 8824 Unrelated Business Activities 8924.2 Definition of Trade or Business 89(a) General Principles 89(c) Factor of Competition 89(g) Nonbusiness Activities 89(h) Real Estate Development Activities 9024.3 Definition of Regularly Carried On 90(c) Fundraising and Similar Activities 9024.5 Contemporary Applications of Unrelated Business Rules 90(a) Educational Institutions 90(b) Health Care Providers 91(e) Business Leagues 92(h) Advertising 92(i)Fundraising 93(k) Provision of Services 93(l) Sales of Merchandise 9424.6 Modifications 94(g) Royalties 94(h) Rent 9424.7 Exceptions 95(j) Low-Cost Articles 95(k) Mailing Lists 95(l) Associate Member Dues 95(m) Small Business Corporations Rules 9524.10 Special Rules 9524.12 Unrelated Debt-Financed Income 96(b)Debt-Financed Property 96(c) Acquisition Indebtedness 96PART SIX ACQUISITION ANDMAINTENANCE OF TAX EXEMPTION 9725 Exemption Recognition and Notice Processes 9925.1 Recognition Application Procedure 99(a) General Procedures 100(b) Substantially Completed Application 100(c) Issuance of Determinations and Rulings101(d) User Fees 101(e) Application Form 102(i) Impact of Tax Refunds 10225.2Requirements for Charitable Organizations 103(a) General Rules 10325.3 Nonprivate Foundation Status 103(a) Notice Requirement 10325.7 Group Exemption Rules10325.8 Suspension of Tax Exemption 10325.9 Notice Requirements for PoliticalOrganizations 10325.11 Forfeiture of Tax Exemption 10426 Administrative and Litigation Procedures 10526.1 Administrative Procedures Where Recognition Denied 10526.2 Revocation of Modification of Tax-Exempt Status:Administrative Procedures 10526.3 Retroactive Revocation of Tax-Exempt Status 10526.5 Revocation of Tax-Exempt Status: Litigation Procedures 106(a) General Rules 106(b) Declaratory Judgment Rules 10826.6 IRS Examination Procedures and Practices 108(a) General IRS Exempt Organizations Audit Procedures and Practices 10826.8 IRS Disclosure to State Officials 10827 Operational Requirements 11127.1 Changes in Operations or Form 111(a) Changes in Operations 11127.2 Annual Reporting Rules 111(a) Overview of Annual Information Returns 111(b) Exceptions to Reporting Requirements 11227.3 Redesigned Annual Information Returns 112(o) Schedule H 112(x) Transition Rules 113(y) Uncertain Tax Positions (New) 113(z) Preparer Tax Identification Numbers (New) 11427.4 Notification Requirement 11527.5 Filing Requirements and Tax-Exempt Status 11627.5A Charitable Organizations Listing Reliance Rules (New) 11727.7 Electronic Filing Rules 119(c) Waivers 11927.9 IRS Document Disclosure Rules 119(a) Federal Tax Law Disclosure Requirements 11927.10 Document Disclosure Obligations of Exempt Organizations 119(a) General Rules 119(f) Harassment Campaign Exception 11927.14 Feeder Organizations 11927.15Tax-Exempt Entity Leasing Rules 120(g) Partnership Arrangements 120PART SEVENINTERORGANIZATIONAL STRUCTURES AND OPERATIONAL FORMS 12128 Tax-Exempt Organizations and Exempt Subsidiaries 12328.1 Subsidiaries Basics 12328.3 Tax-Exempt Subsidiaries of CharitableOrganizations 12429 Tax-Exempt Organizations and For-Profit Subsidiaries 12529.1 For-Profit Subsidiaries in General 125(b) Choice of Form 12529.2 Potential of Attribution to Parent 12529.3 Financial Considerations 126(c) Sharing of Resources 12629.8 Liquidations 12631 Tax-Exempt Organizations: Other Operations and Restructuring 12731.1 Organizational Considerations 127(a) Form 127(c) Control 12731.6 Single-Member Limited Liability Companies 12731.7 Low-Profit Limited Liability Companies 12831.8 Choice of Entity Considerations 128(b) Federal Tax Law 128PART EIGHT APPENDIXES 129Appendix A Sources of Tax-Exempt
- ISBN: 978-1-118-03748-5
- Editorial: John Wiley & Sons
- Encuadernacion: Rústica
- Páginas: 176
- Fecha Publicación: 07/03/2012
- Nº Volúmenes: 1
- Idioma: Inglés