Formation & Governance

Topics

September 1, 2023

Most NIL collectives do not further a Sec. 501(c)(3) exempt purpose

Most name, image, and likeness collectives will not be furthering a Sec. 501(c)(3) purpose.

April 1, 2020

Form 1023 must now be filed electronically

The IRS announced that Form 1023, Application for Recognition of Exemption Under Section 501(c)(3), must now be submitted electronically.

January 31, 2020

Electronic filing mandated for Sec. 501(c)(3) applications

The IRS announced that Form 1023, Application for Recognition of Exemption Under Section 501(c)(3), must now be submitted electronically.

June 1, 2019

Benefiting others: Supporting organizations and the boundaries of the operational test

This item reviews how regulations, case law, and IRS guidance address the issue of whether supporting organizations can make grants to other public charities that are not their supported organizations.

October 1, 2018

Economic development corporations: Often misunderstood tax-exempt organizations

EDCs should be aware of both the regulatory foundation for an exemption and the various IRS authorities on EDCs.

May 17, 2018

Charitable contribution procedures updated

The IRS issued new procedures for contributions to charitable organizations, including rules for when donors can rely on the information about an organization’s tax-exempt status on the IRS database Tax Exempt Organization Search.

March 1, 2018

Streamlined tax-exemption application asks for mission and activities

The 2018 revision to Form 1023-EZ includes a new
requirement that organizations describe to the IRS their mission or most significant activities.

January 4, 2018

Form 1023-EZ will ask applicants for mission and activities

The streamlined application for tax-exempt status will ask organizations to describe their mission and activities for the first time.

August 1, 2017

Contributions to quasi-governmental public-private partnerships

This article describes the requirements for an organization to meet Sec. 115(1).

June 1, 2017

Fee-for-service activities: Two paths to ‘substantially related’

Sec. 501(c)(3) organizations that engage in fee-for-service activities need to consider whether a given activity furthers or is “substantially related” to an exempt purpose.

October 1, 2016

New PATH Rules Require Sec. 501(c)(4) Organizations to Notify the IRS

Social welfare benefit organizations are now required to notify the Internal Revenue Service of their formation and intent to operate under Sec. 501(c)(4).

August 1, 2016

Form 1023-EZ Application Fee Will Be Lowered

The IRS is cutting the application fee small organizations must pay when applying for tax-exempt status.

July 8, 2016

IRS Implements New Sec. 501(c)(4) Registration Requirement

Social welfare benefit organizations are now required to notify the Internal Revenue Service of their formation and intent to operate under Sec. 501(c)(4).

July 1, 2016

Final Rules Permit Broader Range of Program-Related Investments

The regulations broaden the types of investments by private foundations that qualify
as program-related investments that do not jeopardize the carrying out of a private foundation’s exempt purposes.

July 1, 2016

Supporting Organizations: A Road Map to the Recent Regulations

Organizations should review new proposed regulations and 2015 final regulations as a reminder of what is required to obtain or maintain public charity status.

June 1, 2016

Type II Supporting Organizations: Relationship Issues in Complex Organizational Structures

Complications may arise when the parent of a large, multientity system applies for recognition of tax-exempt status as a Sec. 501(c)(3) public charity.

June 1, 2016

Tea Party Groups Win in Appeals Court

The court denied the IRS’s petition to avoid having to disclose information about other organizations that were on the IRS’s controversial “be on the lookout” list of organizations.

May 31, 2016