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									           AICPA NFP10 Session 111

   Tax Exemption:
   Core Concepts
         &
Management Strategies
                          Terry Miller

                    Terry@TerryMiller.biz

                           415-333-6320

                      www.terrymiller.biz

       1
                                   Introductions

   Who’s here?

   Purpose Today / Framing

   Order of Concepts
     Conceptual: Legal / Public Policy Purposes
     Specific: Reporting on Form 990
     Management: Planning Strategies
   Questions as we go: universal vs. fact specific
   Disclaimer


                       2
                                          Objectives

                       Objectives
Issue spotting vs. memorize all
  nobody knows everything


Know when to get help
  don’t be penny-wise & pound-foolish


Context: the concept of “organized & operated”
  general legal compliance required
  “illegal” or in “contravention of public policy” ≠ exemption

                          3
                                                                     Session Overview
 Context: organization types / regulators / a word on words
 Legal concepts: Tax Exemption (The “Big Four” + 2)
   1.   Commerciality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                     [earned income]
   2.   Inurement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  [insiders]
   3.   Public v. private benefit . . . . . . . . . . . . . . . . . . . . . . . .                         [insiders OR outsiders]
   4.   Public policy advocacy . . . . . . . . . . . . . . . . . . .                            [1. lobbying, 2. electioneering]
       Public charity status / public support tests . . . . . . . . . .                                  [for 501(c)(3) charities]
       Charitable deductions: substantiation & disclosure . . . .                                             [for (c)(3) charities]
       Miscellaneous compliance issues
 Reporting: Form 990 – „the rubber hits the road‟
 Management strategies: Planning Opportunities
 Resources:
       Supplemental materials
       Related Sessions at NFP10


                                                4
                                                 Context /
                                             Organization Types
 Types: Nonprofit Corps, Trusts, LLCs, L3Cs … [STATE law]
       Types of Nonprofit corporations (some states)
           Public Benefit, Mutual Benefit & Religious
       Authority:
           State Constitution & Statutes
           Articles of Incorporation
           Bylaws
       Corporate formalities – liability protection (“piercing the veil”)
 SOS: Registration
 IRS: Income Tax Exemption & Charitable Tax Deductions
 AG: Charitable Trust & Charitable Solicitation Registration
       Charitable Solicitation Registration
       cy pres


 ??: Sales & Property Tax Exemption, Charitable Gaming
                                  5
                                            “ Taxation?
                                       But we’re a nonprofit ?! ”
 Nonprofit = state corporation concept
 Tax law: levels of benefit by type of Exempt Organization,
  known by Internal Revenue Code Section
    501(c)(1) Created by Congress; (c)(2) Title Holding
    501(c)(3) Charities
        Public Charities
        Private Foundations
    501(c)(4) Social Welfare / Civic Leagues
    501(c)(5) Labor / Horticultural
    501(c)(6) Biz League / Prof & Trade Assoc / Chamber Commerce
    501(c)(7) Social Clubs
    ….up to 501(c)(27) and beyond…501(d,e,f,k,n), 527

                               6
                                    More complicated
                                  than taxable for-profits
 The notion of “organized and operated” “exclusively”
 Form 990 is mind-numbing
    Measure whether sufficient exempt function activity is
     occurring to justify favorable tax treatment
       “Commensurate” test
       Tax Exempt (most net income not taxable)
       Tax Deductible (mostly 501(c)(3) organizations)
    Form 990 as a Public Communication tool
    Heightened public focus stoked by scandals
    2008 Form 990 overhaul first in 30 years



                            7
                                         A word on words

 “nonprofit”, “not-for-profit”
 “charity”
 “charitable trust”
 “EO” “exempt organization” “[income] tax-exempt”
 “tax deductible [as a charitable gift]” “tax deduction”
 “c3” “c4” …
 “PF” “PC”
 “new” 990
 “income” = “support” + “revenue”
 “UBI” “UBTI” “UBIT”
 “exclusive” “substantial” “primary”
 “facts & circumstances”

                                  8
                Legal Concepts



Legal Concepts:
  the Big Four

(plus assorted details:
 “the fine print”  )




      9
                                            Internal Revenue Code
                                           501(c) (3) (Complete! *)
“(3) Corporations, and any community chest, fund, or foundation, organized and
operated exclusively for religious, charitable, scientific, testing for public safety,
literary, or educational purposes, or to foster national or international amateur sports
competition (but only if no part of its activities involve the provision of athletic facilities
or equipment), or for the prevention of cruelty to children or animals, no part of the
net earnings of which inures to the benefit of any private shareholder or
individual, no substantial part of the activities of which is carrying on
propaganda, or otherwise attempting, to influence legislation (except as
otherwise provided in subsection (h)), and which does not participate in, or
intervene in (including the publishing or distributing of statements), any
political campaign on behalf of (or in opposition to) any candidate for public
office.”



                                                       * (color, bold & underlines added)

                                     10
                                     Internal Revenue Code
                                 501(c) (4),(5) & (6) (Complete*)
“(4) (A) Civic leagues or organizations not organized for profit but operated
exclusively for the promotion of social welfare, or local associations of employees,
the membership of which is limited to the employees of a designated person or
persons in a particular municipality, and the net earnings of which are devoted
exclusively to charitable, educational, or recreational purposes.
    (B) Subparagraph (A) shall not apply to an entity unless no part of the net
earnings of such entity inures to the benefit of any private shareholder or
individual.

(5) Labor, agricultural, or horticultural organizations.
(6) Business leagues, chambers of commerce, real-estate boards, boards of
trade, or professional football leagues (whether or not administering a pension fund
for football players), not organized for profit and no part of the net earnings of
which inures to the benefit of any private shareholder or individual.”



                                 11                   * (color, bold & underlines added)
                                         Legal Concepts:
                                          The “Big Four”
 Commerciality
    How much can we operate like a business and still be tax exempt?
    Can we charge for services?

 Private Inurement - Insiders
    How much can we pay the boss?
    Can we rent from the Chairperson?

 Public vs. Private Benefit
    Who really benefits from our work, on balance?

 Politics & Lobbying
    Can we support candidates for office?
    Can we join a coalition to oppose legislation?


                            12
                                          Commerciality -1

 History
       destination test, until
       NYU / Mueller Macaroni, circa 1950

 Pizza parlor example: “operated for” charitable (not
  commercial) purpose
 “Exempt function income” / program service revenue
       income as a by-product of program activity

 The concept of Unrelated Business Income (Tax)
   1)   trade or business
   2)   regularly carried on
   3)   unrelated to the exempt purpose



                                  13
                                                Commerciality -2

 Common problem / error: technical assistance
    substantially below cost
 Useful exclusions from UBI follow from definition
    passive – not “carried on” at all
         interest, rents & royalties (watch out for debt-financed property)
         gains & losses
      not regularly carried on
      substantially by volunteers – not “trade or business”
      sale of donated merchandise – not “trade or business”
      convenience of patrons – “related”
 All revenues are one of these three:
    Related Exempt Function Income (a/k/a “program svc revenue”)
    UBTI
    UBI but for exclusion


                                  14
                                      Commerciality -3
 Qualified Sponsorship Payments (v. advertising)
    no price & item, inducement to buy, comparative messaging
    watch out for web links!
    RESOURCE:       Session 19 (qualified sponsorships)
 Dual types For-Profit & Nonprofit/EO: (e.g. hospitals)
    usually means there will be specific guidance
    frustrating issue: evolutionary enterprises (e.g. schools): poaching
    RESOURCE – Session 55 (hospitals & community benefit)
 Commercial sub-activities
    when UBI activity becomes jeopardizing: substantial (?)
    for-profit subsidiary



                             15
                                        Private Inurement -1

 about INSIDERS (power to exercise major influence)
    History: William Aramony
        (resigned 1992, convicted 1995, released 2001)
    Need for “Intermediate Sanctions” – IRC 4958
    Continued concern driven by juicy scandals: Smithsonian, American
     University, Irvine Foundation, etc etc etc
    Excess compensation most common issue
    “Excess Benefit Transactions” includes loans & other (buy/sell/rent)
    T. Pattara says Grassley on a tear about this (recent news about
     Grassley & Boys & Girls Clubs) – Congress as a wild card




                              16
                                          Private Inurement -2
 Conflicts of Interest / Conflict of Interest Policies
      Definition?
          IRS: concerned about self-dealing
             Confidential information? “Settling scores”?
      Who covered?
          IRS: directors & officers (they define officer to include CEO & CFO)
             All employees? Volunteers?
      What relationships to report?
          IRS: close family & business
             Domestic partners? Best friends?
      How declared?
          IRS: at least annually – report all relationships that could give rise
             Duty of loyalty – develop sensitivities to disclosure & openness
      How monitored & enforced?
          Disclosure & recusal is usually enough


                               17
                                              Private Inurement -3
 Section 4958 Overview: (c)(3) pub charities & (c)(4) orgs
      Penalties doubled by Pension Protection Act
           Severe – on individuals
             notion of “intermediate sanctions” scrambled up by Caracci case
      4958 “rebuttable presumption” basics – re: “disqualified persons”
       1.   Written comparables, saved with minutes
       2.   Disinterested majority of board, with interested party/parties out of room
       3.   Good faith determination best interest of the organization
       4.   Prior to transaction
           Some in Congress want safe harbor steps required
           IRS considers it best practice; pressure to report
           IRS concerned about quality of “comparables”
      Risks: notion of “Automatic” Excess Benefit Transactions / Listed Property
      RESOURCES: Session 48 (intermediate sanctions)
                          Session 53 (comparability audits)

                                   18
                                     Public v. Private Benefit -1
 501(c)(3)‟s & 501(c)(4)‟s
 Subtle / requires step back & ask: “who really benefits?”
    NOT about insiders, necessarily
    avoid: “more than incidental private benefit”
    “the presence of private benefit, if substantial in nature, will destroy tax-
     exempt status regardless of an organization‟s other charitable purposes or
     activities” – Marcus Owens on Better Business Bureau case (Resources)

 Charitable class – how big? Public?
 Private Benefit: IRS‟ new all-purpose hammer?
    “commensurate” test
    “efficiency & effectiveness”
    dovetails with public skepticism


                                19
                                         Public v. Private Benefit -2

 Famous cases
    American Campaign Academy
    Consumer Credit Counseling
    current: Seller-financed Down Payment Assistance
 Governance as indicator of risk: audit flag
    v. denial of exemption application
    unpredictable
    good governance policies & controls; Owens‟ paper (Pg 111-64), e.g.:
        broad Board
        clear records on achievements
        conflict of interest & whistleblower policies
        commitment to proper arm‟s length
        outside auditor & if big enough, internal auditor
        greater disclosure than required
        accountable plan for reimbursements
        compensation process use rebuttable presumption


                                   20
                                 Public Policy Advocacy:
                                   Lobbying v. Politics
 Key distinction: Lobbying v. Candidate Electioneering
       big danger in jumbling them !!


    [C3 Public Charity] Lobbying = legislation
       including work on referenda even though elections involved

    [C456] Lobbying = legislation
       plus certain executive branch decision making


    Electioneering = candidates for elected office
       some targeted lobbying IS electioneering



                           21
                                       Public Policy Advocacy:
                                             Lobbying -1
 501(c)(3) Public Charities
    History: 1930, 1934, 1955, 1970, 1990
    Expenditure Test v. Substantial Part Test
        Expenditure Test: more objective (IRC 501(h), Regs 4911)
            Direct v. Grassroots lobbying
            “Specific legislative proposal”
        Substantial Part Test: “facts & circumstances”

 501(c)(3) Private Foundations
    No explicit lobbying (earmarked / restricted)
    Some wiggle room (general support, or project support less than the
     non-lobbying portion of the project)
        mostly they just don‟t want to hear about it 



                               22
                                     Public Policy Advocacy:
                                           Lobbying -2
 501(c)(non-3) Exempt Organizations
    Unlimited if related to exempt purpose
        501(c)(4)‟s (NRA, Sierra Club, etc) lobby a LOT
        501(c)(5) (Labor unions, Farm Bureau) lobby a LOT
        501(c)(6) (Trade associations, chambers of commerce, professional
         associations) lobby a LOT
        501(c)(7) social & recreational: not so much

    Different definitions: legislation (other than local), plus
     certain executive branch policies
    Business dues non-deductible as biz expense if used for
     lobbying, & must apply dues income first to Lobbying
            Notify members of non-deductible portion, or
            Pay 35% proxy tax


                              23
                                     Public Policy Advocacy:
                                           Lobbying -3
 Remember: this has been about TAX law
 Fed / State / (Local?) ethics & registration rules such as
  Congressional “Lobbying Disclosure Act” (LDA)
    Trigger points ($ level)
    Different definitions
    Wining & dining & gifts & travel, money in politics, including by individuals
     from organization (!)

 LDA allows public charities that have elected the
  expenditure test to use some of the tax definitions
 Ballot measures may involve State election commissions
  and “PAC” regulation / registration / reporting
 RESOURCE:       Session 43 (elect & lobbying reporting: beyond tax)


                             24
                                       Public Policy Advocacy:
                                      Candidate Electioneering -1
 IRC Section 527 & “527 Activities” = political = “electioneering”
    True meaning: influence the election of candidates
    “527” As used in the press: issue advocacy targeted at influencing
     election of candidates which escapes election commission jurisdiction by
     not being explicit
        will Citizens United kill off such “issue 527‟s” of this sort?

 501(c)(3) Charities (both PC & PF)
    CANDIDATE ELECTIONEERING PROHIBITED
    Revocation and/or penalties on charity AND on individuals (Board)
    Non-partisan voter registration, voter education & get out the vote are all
     OK if done just right
        (think: League of Women Voters)

                                  25
                                     Public Policy Advocacy:
                                    Candidate Electioneering -2
 501(c)(4,5,6 …) organizations
    Must be not primary purpose, conducted legally, and consistent with
     overall exempt purpose
    Primary: 51/49%? No clear standard
        EACH year, no rolling periods
    Legal: jurisdiction of FEC or State/Local equivalents
        Usually means hiring election law coun$el
    Notion of Separate Segregated Fund

 527 Organizations
    Not just “soft PACs / issue 527‟s” – includes parties, candidate cttees
    Risk if not political enough
        (more than insubstantial “non-exempt purposes”)

                              26
                                        Recap: The Big Four
1. Commerciality
      Exempt Function Income
      Unrelated Business Income
      UBI but for Exclusion(s)
2. Inurement – insiders
3. Public v. Private Benefit – insiders or outsiders
4. Public Policy Advocacy
      Lobbying v. Candidate Electioneering

 Next:
      Private Foundation v. Public Charity & the public support tests
      Charitable Deduction Rules
      Misc Compliance Issues


                               27
                                      501(c)(3): Public Charity or
                                         Private Foundation?
 501(c)(3) charities are private foundations (PF) by default, unless
  can qualify as a public charity (PC)
    status tests (e.g. school) or public support tests

 “Grandma‟s Foundation” vs. Publicly-Supported Charity
 PC is better; much less regulated than PF
    better donor deductibility (% of AGI, FMV v. Basis)
    more transactions with insiders allowed + safe harbor avail (for now)
    no tax on investment income, fewer “excise tax” penalties
    may MAKE grants to any entity (including foreign) for specific charitable
     purposes (if entity not a c3)
    only practical way to get many PF grants is to be a PC
    may lobby



                                 28
                                              PC or PF?
                                        Types of Public Charity
 Qualify as Public Charity under IRC 509(a)(1)-(4)
      509(a)(1) says:        170(b)(1)(A)(i) - (vi)
       1. 170(b)(1)(A)(i)     Church                                  status
       2. 170(b)(1)(A)(ii)    School                                  status
       3. 170(b)(1)(A)(iii)   Hospital / medical research org         status
       4. 170(b)(1)(A)(iv)    Support org to public college or univ   status
       5. 170(b)(1)(A)(v)     Governmental unit                       status
       6. 170(b)(1)(A)(vi)    Publicly supported charity – gifts         test
   7. 509(a)(2) Publicly supported charity – fees                       test

   8. 509(a)(3) Supporting Org (four sub-types )                       mix
              RESOURCE: Session 47 (supporting organizations)
   9. 509(a)(4)               Product Safety Testing Org              status


                                 29
                                              PC or PF?
                                        Public Support Test(s)
 Two Public Support Tests:
    Both are complex – dynamic formula (mix of donors & revenues by size)
       5 year measurement period
       Advance period for startup – don‟t prove until Year 6 (2-3-4-5-6)
    509(a)(1) & 170(b)(1)(A)(vi): broad gift support
       more forgiving and flexible than (a)(2)
       some changes with New 990
    509(a)(2): broad base of earned revenue from program
     services, plus very small gifts
       extraordinarily complex math – 1 yr, 5 yr & data from inception
       unforgiving, inflexible test
    switching between is OK




                               30
                                              Donor Deductibility -1

 Donor Substantiation (Receipting)
    Publication 1771 & Deeper: Pub 526
    Cash (& Un-reimbursed Volunteer Participation) Gifts >= $250
        donor must have receipt with required language if audited
    Cash v. Non-Cash gifts
        valuation: internal estimate (books) v. donor receipt (no value estimate!)
        for charitable use vs. for resale: key issue
    Quid pro Quo gifts > $75
        FMV, not cost, stated in Solicitation or Receipt
                                                                             earned
        TIP: fundraising events need TWO income lines each                  donated
        exception: low cost logo items (“coffee mug”) for certain gifts

 Common Errors
    Donated services (+ whole concept of confusion about “a write-off”)
    Earmarked for individual beneficiaries
    Non-cash valuations estimated on receipt (donor pressure!)




                                    31
                                     Donor Deductibility -2
 Intangible Membership & Religious Benefits
    best to read Pub 1771
    rules are pretty common-sense

 Penalties
    Failure to disclose non-deductibility (attn C4s!)
    Failure to provide quid-pro-quo information

 Vehicles, Boats & Planes: Pub 526
    general direction of law

 Other high-value non-cash items
    8282 / 8283
 RESOURCE:      Session 24 (charitable contribution compliance)



                                32
                                       Other Compliance Issues

 990 Disclosure (Guidestar does not count)
 1023/1024 Disclosure
 “Complete & Accurate” Return: statute of limitations, penalties if severe
 Late Filing: Penalties
 3 years Non-Filing: Revocation
 Donor Advised Funds & certain “fiscal sponsorships”
     Abuses: 1) parking place, 2) self-serving grants, 3) self-serving investments
     RESOURCE:        Session 59 (working with community fdns)
 Foreign Activity: PATRIOT Act / know your customer
     RESOURCE:        Session 36 (foreign operations)




                                 33
              Reporting: Form 990



    Reporting:
    Form 990

(the rubber hits the road)




      34
                                  Key Parts of the New 990:
                                         Core Form
PART
I      Summary                              (dashboard for the public)

III    Program Service Accomplishments           (commensurate test)

IV     Checklist of Required Schedules             (trigger questions)

V      Other Filings & Tax Compliance            (various compliance)

VI     Governance, Mgt & Disclosure       (private benefit / inurement)

VII    Compensation                                       (inurement)

VIII Revenue                             (commerciality; UBI analysis)

IX     Functional Expenses                       (commensurate test)

X      Balance Sheet                                      (inurement)



                             35
                                           New 990:
                                      The 16 Schedules -1
 (Which schedules to file? Based on “trigger question” – thresholds)

SCHEDULE
 A     Public Support Tests / Pub Char Status             (public charity status)

 B     Contributors (no change from “old” 990)                     (deductibility)

 C     Campaign & Lobbying Activity                     (public policy advocacy)

 D     Supplemental Financial Statement Detail                          (various)

 E     Private Schools [Education] (no substantive change)              (special)

 F     Foreign Activities & Grants         (special: PATRIOT Act / terrorism)

 G     Gaming (& Fundraising)                    (commerciality; private benefit)

 H     Hospitals                          (commensurate test; public benefit)


                              36
                                       New 990:
                                  The 16 Schedules -2

I   Grants (Domestic - Inside U.S.)                      (public benefit)

J   (Justify) Compensation                                  (inurement)

K   Bonds                                  (public benefit; compliance)

L   Loans                                                   (inurement)

M   Non-Cash Contributions                (deductibility; excess benefit)

N   Termination / Disposition of Assets     (inurement / public benefit)

O   Open for Narrative Responses                               (various)

R   Related Organizations                      (various / public benefit)




                         37
                              990: Core Form Pg 1
    see Full-Size Form
             in
  Supplemental Materials !
         (Page 23)

 Core Form Page 1
  Parts I and II
    Dashboard / Overview




                         38
                           990: Core Form Pg 2
 Core Form Page 2
  Part III
   Program
    Accomplishments
   Commensurate Test
   Key Communication
    Tool




                      39
                               990: Core Form Pg 3
 Core Form Page 3
  Part IV
   “Trigger Questions”
   threshold(s) where IRS
    has concern




                          40
                           990: Core Form Pg 4
 Core Form Page 4
  Part IV continued




                      41
                           990: Core Form Pg 5
 Core Form Page 5
  Part V
   Other Filings &
    Compliance




                      42
                              990: Core Form Pg 6
 Core Form Page 6
  Part VI
   “Governance,
    Management &
    Disclosure”
   IRS Theory: Public v.
    Private Benefit risk
    assessment: audit flags
   BIG emphasis




                      43
                                  990: Core Form Pg 7
 Core Form Page 7
  Part VII
   Compensation of:
         Officers
         Directors (Trustees)
         Key employees
         Highest comped ees
         Former ODKE‟s
   Inurement
   IRS Focus: audit flags:
    more BIG emphasis


                             44
                                   990: Core Form Pg 8
 Core Form Page 8
  Part VII continued




                         Trigger
                       Questions




                         45
                                    990: Core Form Pg 9
 Core Form Page 9
  Part VIII
   Income (“Revenue”)
       Support v. revenue
       Classify revenues
           Related
           UBTI
           UBI but for exclusion




                             46
                                 990: Core Form Pg 10
 Core Form Page 10
  Part IX
   Functional expenses
       Program
       Mgt & Gen (Admin)
       Fundraising




                            47
                           990: Core Form Pg 11
 Core Form Page 11
  Part X
   Balance Sheet
      Inurement




                      48
                           990: Core Form Pg 12
 Core Form Page 12
  Part XI
   Accounting methods,
    auditors, etc




                      49
                                Schedule Highlights:
                                  Schedule J Pg 1
 Schedule J Page 1
   Inurement
      compensation setting
       basis & practices
      compensation-like
       reimbursements




                           50
                              Schedule Highlights:
                                  Schedule L
 Schedule L
   Inurement: Loans &
    other transactions with
    insiders




                        51
                                   Schedule Highlights:
                                    Schedule M Pg 1
 Schedule M, Page 1
   Deductibility: non-cash
    gifts
   Private benefit / excess
    benefit: certain hard-to-
    value noncash gifts




                Governance Type
                       Questions


                         52
          Planning Strategies




  Management:
Planning Strategies




     53
                                 Planning Strategies -1

 General
   Fads & fashions in tax law enforcement
      Unfortunate but true
      Australia: the “tall poppy” syndrome
   Read trade publications
      Congress – official & individual
          Sen. Grassley, but earlier was J.J. Pickle
      Subscribe to IRS‟ free “EO Update” newsletter
      Read Chronicle of Philanthropy
   Retain counsel



                         54
                                          Planning Strategies -2
 Commerciality
      Broaden exempt purposes – amend articles, review 1023
      Master exclusions
      Logo wear vs. message wear
      Sponsorship deals
      if UBTI: calculate expenses with consistent methodology
      if UBTI approaching substantial activity: for-profit subsidiary
 Inurement
      Benchmarking – not everyone is above average / 75th %ile 
      Audit committees – value squeaky wheels – avoid groupthink
      Compensation committee – do regular review; document
      Learn to spot compensatory reasoning and handle it correctly
         watch out for listed property
    Managing [even the appearance of] Conflicts of Interest


                               55
                                      Planning Strategies -3

 Public v. Private Benefit
      Commensurate test – think critically
      Mission & (re)-evaluation regularly
      New blood
      Take governance seriously

 Public Policy Advocacy
    Master the lobbying rules
         Find one person or committee to really master it
         Train train train
    C3‟s: Watch out for Election Years
    Consider tandem c3/c4 or triad c3/c4/527




                              56
                                        Planning Strategies -4

 Public Support
    the notion of “tipping”
    run a test at Year 3
    don‟t panic about 10% + facts & circumstances
    if tipping, consider alternates:
        509(a)(3)
        501(c)(4)
        private foundation
        private operating foundation
        sponsored project
        merger into / with another public charity



                               57
                                                Resources:
                                           Supplemental Materials
 Supplemental Materials
 1. Form 990 markups: Core Form, Schedules J (Pg 1), L, M (Pg 1)                   33
 2. Types of Tax Exempt Organizations (from IRS.gov)                               48
 3. “Nonprofit Governance, and Effectiveness and Efficiency of Operations,” speech
    by former IRS EO Commissioner Steven T. Miller, April 2008                50
 4. “Current Climate for Charities,” speech by Miller, October 2007                58
 5. “More Scrutiny of Charities Expected, Regulators Told,” article about IRS EO
    Director Lois Lerner speech to NASCO                                           63
 6. UBTI exclusion codes – good short reference (from 2007 990 instructions)       66
 7. “Private vs. Public Benefit,” Marcus Owens, 2007, AICPA NFP conference         67
 8. IRS Pub 1771: “Charitable Contributions: Substantiation & Disclosure”          76
 9. Bibliography: Public Policy Advocacy                                           84
 10. Additional Resources                                                          93


                                 58
                                   Resources: Directly Related
                                       Sessions at NFP10

19   Qualified Sponsorship Payments                       (commerciality)
22   2009-2010 Tax Year Update (repeats in 49)                    (general)
24   Charitable Contribution Compliance               (donor deductions)
36   Foreign Operations / Schedule F                       (anti-terrorism)
42   New 990: Lessons & Ambiguities                               (general)
43   Election & Lobbying Reporting: Beyond Tax         (policy advocacy)
47   Supporting Organizations                       (public charity status)
48   Compliance w/ Intermediate Sanctions Rules [4958]        (inurement)
49   (repeat) 2009-2010 Tax Year Update                           (general)
53   Managing Comparability & Compensation Audits             (inurement)
55   Hospitals & Community Benefit                                 (special)
58   Ask the Experts Panel: Tax                                     (varies)
59   Working with Community Fdns – Planning Opptys        (public support)


                              59
                                    Resources: Other EO Tax
                                       Sessions at NFP10

202   Form 990-T: What‟s New?                (commerciality-UBIT / general)
205   Reporting 403(b) Plans on Form 5500                      (inurement)
6     View from the IRS                                            (general)
13    Issues With Related & Affiliated Orgs                          (varies)
18    Tax Exempt Bond Compliance                                     (varies)
25    Tax Ethics / Practitioners                                     (varies)
30    Private Foundations: Current Developments            (PF / advanced)
35    Form 990 Part IX / Functional Accounting       (commensurate test)
54    Alternative Investments                              (charitable trust)
60    Advanced Non-Qualified Deferred Comp                     (inurement)




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             End




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