The law of tax-exempt healthcare organizations: 2012 supplement
Hyatt, Thomas K.
Hopkins, Bruce R.
INDICE: Note to the Reader: Sections not in the main bound volume are indicated by "(New)" after the title. Material new to or modified in this supplement is indicated by an asterisk (ˆ—) in the left margin in the contents and throughout this supplement.Preface xviiPART ONE Introduction to the Law of Tax-Exempt Healthcare Organizations 1Chapter One: Rationale for Tax-Exempt HealthcareOrganizations 3§ 1.3 Categories of Tax-Exempt Healthcare Organizations 4§ 1.8 Social Welfare Organizations 4Chapter Two: Advantages and Disadvantages of Tax Exemption 5ˆ—§ 2.4 Alternatives to Tax-Exempt Status 5§ 2.6 Small Employer Insurance Tax Credit (New) 5Chapter Three: Criticisms of Tax Exemption 9§ 3.1 Criticisms in General 9§ 3.2 Criticisms of Tax Exemption for Healthcare Organizations 9ˆ—§ 3.3 The Commerciality Doctrine 10PART TWO Fundamental Exempt Organization Principles Applied to Healthcare Organizations 15Chapter Four: Private Inurement, Private Benefit, and Excess Benefit Transactions 17§ 4.1 Essence of Private Inurement 17§ 4.4 Private Inurement—Scope and Types 18§ 4.6 Essence of Private Benefit 19§ 4.9 Excess Benefit Transactions 20Chapter Five: Public Charities and Private Foundations 23ˆ—§5.1 Public Institutions 23§ 5.2 Publicly Supported Organizations—Donative Entities 25§ 5.3 Publicly Supported Organizations—Service Provider Organizations 25ˆ—§ 5.5 Supporting Organizations 25§ 5.5A Recognition of Change in Public Charity Status (New) 27Chapter Seven: Lobbying and Political Activities 29§ 7.1 Legislative Activities Limitation 29§ 7.4 The Political Activities Limitation 29§ 7.6 Internet Activities 30§ 7.8 Political Activities of Social Welfare Organizations 30PART THREE Tax Status of Healthcare Provider and Supplier Organizations 31Chapter Thirteen: Other Provider and Supplier Organizations 33§ 13.1 Blue Cross and Blue Shield Associations 33§ 13.3 Qualified Health Insurance Issuers (New) 34§ 13.4 Health Insurance Exchanges (New) 35ˆ—§ 13.5 Accountable Care Organizations (New) 38PART FOUR Tax Status of Health-Related Organizations 51Chapter Fourteen: Development Foundations 53§ 14.1Basic Concepts 53Chapter Sixteen: For-Profit Subsidiaries 55§ 16.1 Establishing a Subsidiary 55§ 16.2 Financial Considerations 56ˆ—§ 16.3 Attribution of Subsidiary's Activities to Exempt Parent 56Chapter Eighteen: Business Leagues 59ˆ—§ 18.1 Business Leagues in General 59Chapter Nineteen: Other Health-Related Organizations 61ˆ—§ 19.4 Hospital Management ServicesOrganizations 61§ 19.5 Regional Health Information Organizations (New) 62PART FIVE Organizational Issues 65Chapter Twenty: Healthcare Provider Reorganizations 67ˆ—§ 20.1 Some Basics about Reorganizations 67Chapter Twenty-One: Mergers and Conversions 69ˆ—§ 21.3 Conversion from Exempt to NonexemptStatus 69Chapter Twenty-Two: Partnerships and Joint Ventures 71§ 22.11 Ancillary Services Joint Ventures 71§ 22.12 Single-Member Limited Liability Companies 71Chapter Twenty-Three: Integrated Delivery Systems 73ˆ—§ 23.2 Tax Status of IDS Organizations 73PART SIX Operational Issues 75Chapter Twenty-Four: Tax Treatment of Unrelated Business Activities 77ˆ—§ 24.3 Definition of Regularly Carried On 77ˆ—§ 24.5 Application of Substantially Related Test to Healthcare Organizations 78ˆ—§ 24.7A Fitness Centers (New) 78§ 24.10 Pharmacy, Medical Supplies, and Services Sales 79§ 24.12 Medical Research 79§ 24.17 Other Exceptions to Unrelated Income Taxation 81§ 24.19 Revenue from Controlled Organizations 81§ 24.20 Unrelated Debt-Financed Income 81Chapter Twenty-Six: Charity Care 83ˆ—§ 26.10 Additional Statutory Requirements for Hospitals (New) 84Chapter Twenty-Seven: Worker Classification and Employment Taxes 101§ 27.7 Medical Residents and the Student Exception (New) 101Chapter Twenty-Eight: Compensation and Employee Benefits 105§ 28.1 The Reasonable Compensation Standard 105§ 28.3 Executive Compensation 105§ 28.6 Deferred Compensation in General 106Chapter Thirty: Tax-Exempt Bond Financing 109§ 30.1 Overview of Qualified 501(c)(3) Bonds 109§ 30.2 Overview of the Qualified 501(c)(3) Bond Issuance Process112§ 30.4 Internal Revenue Service Developments 112Chapter Thirty-One: Fundraising Regulation 113§ 31.2 Federal Law Regulation 113Chapter Thirty-Three: Governance 123ˆ—§ 33.2 Overview of Common Law and Statutory Dutiesof Officers and Directors 123ˆ—§ 33.3 Good Governance Practices 130ˆ—§ 33.5A Government Oversight of Executive Compensation (New) 130PART SEVEN Obtaining and Maintaining Exempt Status for Healthcare Organizations 135ChapterThirty-Four: Exemption Recognition Process 137§ 34.1 Exemption Recognition Process 137§ 34.3 Special Requirements for Charitable Healthcare Organizations 139§ 34.4 Non-Private-Foundation Status 139Chapter Thirty-Five: Maintenance of Tax-Exempt Status and Avoidance of Penalties 141§ 35.3 Annual Reporting Requirements 142ˆ—§ 35.4 Redesigned Annual Information Return 142§ 35.5A IRS Disclosure to State Officials (New) 152§ 35.6 Form990 and Community Benefit 153§ 35.7 Reporting of Noncash Gifts in General (New) 153Chapter Thirty-Six: IRS Audits of Healthcare Organizations 169§ 36.3 IRS Implementing Guidelines 169§ 36.5 IRS Compliance Check Projects 170PART EIGHT Appendix Material 173Appendix T: IRS Governance Check Sheet (New) 175Appendix U: IRS Fact Sheet 2011-11 Tax-Exempt Organizations Participating in the Medicare Shared Savings Program through Accountable Care Organizations (New) 179PART NINE Tables & Index 189Cumulative Table of Cases 191Cumulative Table of IRS Revenue Rulings 201Cumulative Table of IRS Revenue Procedures 205Cumulative Table of IRS Private Letter Rulings 207Cumulative Table of IRS Technical Advice Memoranda 213Cumulative Index 215
- ISBN: 978-1-118-03749-2
- Editorial: John Wiley & Sons
- Encuadernacion: Rústica
- Páginas: 252
- Fecha Publicación: 16/05/2012
- Nº Volúmenes: 1
- Idioma: Inglés