Tax Update in an Era of Change Top 10 Tax Considerations

Similar documents
2015 CliftonLarsonAllen LLP CliftonLarsonAllen LLP. Form 990-PF Update. CLAconnect.com

THE AMERICAN LAW INSTITUTE Continuing Legal Education. Estate Planning for the Family Business Owner

CORPORATE PRIVATE FOUNDATIONS CHARITABLE EMPLOYEE HARDSHIP FUNDS COMPANY FOUNDATION SCHOLARSHIP PROGRAMS

THE SALK INSTITUTE FOR BIOLOGICAL STUDIES. 34th ANNUAL TAX SEMINAR WHAT FOUNDATION MANAGERS NEED TO KNOW ABOUT THE QUALIFYING DISTRIBUTION RULES

Tax Reform Implications for Higher Education

RECENT DEVELOPMENTS AFFECTING TAX-EXEMPT ORGANIZATIONS

College and University Tax Update. EACUBO Conference May 30, 2014

Form 990 Tax Exempt Reporting

(c)(3) Applying for 501(c)(3) Tax-Exempt Status,

ROCKY MOUNTAIN TAX SEMINAR FOR PRIVATE FOUNDATIONS WHAT SHOULD WE EXPECT NOW FROM THE IRS?

NONPROFIT TAX HOT ITEMS: IRS ISSUES, FORM 990 AND LEGISLATION

NONPROFIT TAX HOT ITEMS: IRS ISSUES, FORM 990 AND LEGISLATION

NAAG/NASCO ANNUAL CONFERENCE: STATE REGULATION OF NONPROFIT ORGANIZATIONS

BDO Annual Nonprofit Tax Update

Nonprofit Essentials Conference, August 10, 2017 LEGAL REQUIREMENTS & THE IMPORTANCE OF BEING TRANSPARENT

TAX ISSUES IN INTERNATIONAL PHILANTHROPY. Ellen E. Halfon, Esq. Jones Day September 24, 2010

Copyright 2018, James M. McCarten, Burr & Forman LLP, all rights reserved

2016 Estate Planning and Community Property Law Journal CLE & Expo March 4, 2016 Lubbock, Texas

IRS and Legislative Update for Nonprofit Organizations. Presented by Ira Nevelow, CPA, JD, AEP

Understanding UBI Qualifications in Higher Education

Private Foundations Deeper Dive

2013 CliftonLarsonAllen LLP CliftonLarsonAllen LLP. IRS Update. Catholic Charities USA FRC Institute September 14, cliftonlarsonallen.

PPC 990 Deskbook Practice Aids. Industry-leading tools for tax professionals

ROCKY MOUNTAIN TAX SEMINAR FOR PRIVATE FOUNDATIONS CURRENT AND DEFERRED COMPENSATION FOR DIRECTORS AND OFFICERS: THE RED FLAGS. September 11, 2013

ANNUAL TAX UPDATE & 2014 FORM 990 CHANGES

Grantmaker Due Diligence in the Pension Protection Act Era:

Private Foundations vs. Donor Advised Funds

Office of the General Counsel

Section 2 Federal and State Tax Matters

Unrelated Business Income Beyond the Basics. Finance, HR & Business Operations Conference Washington, DC June 7-8, 2012

House tax bill what nonprofits need to know

Investing In The Future: Mission-Related And Program-Related Investments For Private Foundations

Keeping it Legal: The Dos and DON Ts of Managing Your 501(c)3

Office of the General Counsel

Client Advisory. Changes for Charities and Donors in the Pension Protection Act By Douglas D. Thomson. Corporate and Business

Tax Guide for Nonprofits

Obtaining and Retaining Tax-Exempt Status

Office of the General Counsel

April 25, 2013 NAVIGATING THROUGH PARTY-IN-INTEREST TRANSACTIONS

OVERVIEW OF PRIVATE FOUNDATIONS

Grantmaker Due Diligence in the Pension Protection Act Era:

Office of the General Counsel

THE UNIVERSITY OF TEXAS SCHOOL OF LAW Nonprofits Organizations Institute Program Related Investments

How Did Nonprofits Fare In Tax Reform?

T A X A B L E F O U N D A T I O N S

Community Benefit Webinar

Report No NEW YORK BAR ASSOCIATION TAX SECTION REPORT ON NOTICE

Family Wealth Advisors

Family Wealth Advisors

15 Not-for-Profit Organizations Regulatory, Taxation, and Performance Issues

PRIVATE FOUNDATION VERSUS PUBLIC CHARITY (Non Profit Advisory No. 5)

Diara M. Holmes Michael W. Durham. Caplin & Drysdale, Chartered

Pension Protection Act of 2006: Provisions of Interest to Exempt Organizations

CRS Report for Congress

Donor Funds, Private Foundations, and Supporting Organizations

IRS Form 990: Who Sees it Besides the IRS?

Non-Profits & Association Forums: Exempt Organizations (2014) Year in Review

Nonprofit Tax Update. September 22,

25th Annual Health Sciences Tax Conference

Private Use Policy and Guidelines Sponsored and Commercial Research Activity. RARA and River Rats Presentation December 2017

AHLA. Tax Primer. Tricia M. Johnson, CPA Executive Director Ernst & Young LLP Cincinnati, OH

SCCE Higher Education Compliance Conference

Charity Issues Threshold for Foundations

Federal Tax-Exempt Status 501(c)(3) Organizations

Executive Compensation for Tax Exempts Just Got More Complicated. October 18, 2018

25 TXNEXEMPT 24 Page 1 (Cite as: 25 TXNEXEMPT 24, 2014 WL ()) Taxation of Exempts March/April, 2014

Assume Pat Patron, a lover of the arts,

Understanding the 990 Board Members Responsibility

Tax Treatment of Incentive Payments


Blazek & Vetterling. Annual Tax Compliance Checklist for Private Foundation (PF) Date: Federal Tax-exempt Status

Philip M. Purcell, JD Consultant for Philanthropy Copyright All rights reserved

(c)(3) Compliance Guide for 501(c)(3) Public Charities,

23 rd Annual Health Sciences Tax Conference

CALL: (866) CODE:

Number and street (or P.O. box, if mail is not delivered to street address) Room/suite

PRIVATE FOUNDATIONS CHAPTER 21 WHAT IS IT? WHEN IS THE USE OF SUCH A DEVICE INDICATED?

, 20 B Check if applicable: Number and street (or P.O. box, if mail is not delivered to street address)

Compliance Guide for Tax-Exempt Organizations

FORM 990-T: CHALLENGES & OPPORTUNITIES

IRS Issues Interim Guidance on Provisions in Pension Protection Act of 2006 Relating to Supporting Organizations & Donor Advised Funds

The IRS Final Report on Nonprofit Colleges and Universities: Lessons for All Tax-Exempt Organizations

Deep Dive Into the Form 1023 Application for 501c3 Tax-Exemption

Impact Investing Update November 10, 2017

WIND PRODUCTION TAX CREDITS

The New Form 990. Crosslin & Associates, P.C. Presented by Rodney Brower, CPA Richard Winstead, CPA, MBA. An accounting firm. And so much more.

Income Tax Planning for IRAs & Qualified Plans

Federal Financial Requirements

Tax Reform Implications of the Tax Cuts and Jobs Act

BASICS * Private Foundations

2016 Charitable Giving Review

Donor-Advised Fund Segregated Account Investment Information Form

Update on 403(b) and 457(f) Plans

Hot Exempt Organization Tax Issues for 2016

Washington Update. Alexander Reid Morgan, Lewis & Bockius LLP

GAIN INSIGHT: SPONSORSHIPS VS ADVERTISING. berrydunn.com GAIN CONTROL

The Tax Act of 2017: What Just Happened? And What Does It Mean for Charities? Ruth Madrigal

Number and street (or P.O. box, if mail is not delivered to street address) Room/suite

F Group Exemption Number G Accounting Method: Cash Accrual Other (specify) H Check if the organization is not I Website:

Internal Revenue Service Compliance Guide for 501(c)(3) Public Charities

Transcription:

Tax Update in an Era of Change Top 10 Tax Considerations CLAconnect.com

Learning Objectives Obtain an understanding of the current IRS compliance and regulatory environment Understand the top 10 tax considerations to foundations Address additional horizon issues impacting organizations 2

Donor Advised Funds Abuses led to statutory changes in 2006; scrutiny continues Excise taxes may apply to transactions between sponsoring organizations and DAF insiders Treasury study of DAF and supporting organizations 3

Supporting Organizations Legislation enacted in 2006; additional scrutiny surrounding use of supporting organizations Type III supporting organizations Distributions by non-operating private foundations Expenditure responsibility requirements 4

Program Related Investments (PRIs) Defined in IRC Sec. 4944 Three prong test Primary purpose must be exempt function; No significant purpose may be the financial return; and No electioneering or lobbying activity will be supported by the PRI. May be domestic or foreign May include loans, equity investments, guarantees Must further exempt purpose May count towards qualifying distributions by PFs Expenditure responsibility may be required 5

Program Related Investments (PRIs) Examples of PRIs issued by Treasury Investments made for the purpose of advancing science, environmental protection, arts, and alleviating the impact of natural disasters 6

Mission Related Investments (MRIs) Investment with goal of generating a reasonable rate of return plus furthering a social purpose Do not meet requirements to be classified as a qualifying distribution Many organizations choose to adopt a MRI policy Use of alternative structures for MRIs 7

IRS College & Universities Final Report Compliance project began in 2008 and report issued in 2013 34 colleges and universities audited Focus area of the final report: Unrelated Business Income and Compensation Implications for Private Foundations 8

Unrelated Business Income Continues to be a focus of regulators Complexities associated with alternative investments Equity investments Other common sources of UBI Services to outside organizations Investment management Debt-financed income 9

Compensation Requires proper benchmarking and documentation All forms of compensation must be addressed Compensation paid by any EO must be reasonable Private foundations have prohibition on self-dealing Reasonable compensation for personal services may be paid to disqualified persons Legal Accounting Banking Investment services Programmatic 10

Foreign Activities Complexities associated with international activities continue Due diligence required whether public charity or private foundation Expenditure responsibility vs. equivalency determinations Application of Rev. Proc. 92-94 following changes to public support calculation Foreign Corrupt Practices Act Anti-Terrorist Financing Guidelines 11

Election Year Issues All Section 501(c)(3) organizations have an absolute prohibition on political activities Violations may result in revocation of tax-exempt status plus excise taxes Possible permitted activities Non-partison voter education activities Presentation at public forums Voter education guides Voter registration (if through 4945(f) organization) Get-out-the-vote drives 12

Proposed 501(c)(4) Regulations Issued in November 2013 Promotion of social welfare does not include direct or indirect candidate-related political activities Provides guidance on: Activities that constitute candidate-related political activities Request comments on: Definition of operated exclusively for the promotion of social welfare (i.e., how much candidate-related political activity is permitted) Whether the definitions of candidate-related political activity should be extended to 501(c)(3),(5) and (6) organizations 13

Large Foundation Audits Audits of large private foundations with foreign investments or grants Results of audits. Adjustments to Excise tax on net investment income Taxes imposed on UBI Excise tax on taxable expenditures Employment related taxes 14

Miscellaneous Tax Considerations IRS/Treasury Business Plan includes a project affecting private foundations Guidance under Section 4941 on private foundation investments in partnerships in which disqualified persons are also investors Continued focus on EOs by Congress, media, and others With leadership transition, future unknown IRS workplan not yet issued what is on the horizon? Other considerations. 15

Questions 16

Celia Roady, Partner Morgan, Lewis & Bockius LLP croady@morganlewis.com Karen A. Gries, Principal CliftonLarsonAllen LLP karen.gries@claconnect.com 17