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A comprehensive guide to understanding the theory and implications of constitutional law as it relates to tax-exempt organizations Although the U.S. Constitution does not make any reference to nonprofit organizations—not surprising, since the Constitution is not a framework for the structure of the entirety of U.S. society—the Supreme Court has effusively shaped nonprofit law. Now, leading nonprofit law expert Bruce R. Hopkins discusses how tax-exempt organizations, including educational, religious, and healthcare institutions, are directly affected by constitutional law decisions and other pronouncements from the U.S. Supreme Court. Written by one of the country's leading legal authorities on tax-exempt organizations Provides a comprehensive, authoritative examination of constitutional law principles and their implications for tax-exempt organizations Includes coverage of the Supreme Court's perspective on nonprofit organizations and tax exemption, applicability of the Establishment and Free Exercise Clauses to nonprofit religious organizations, the import of Free Speech principles in the charitable fundraising context, the constitutionality of the individual health insurance mandate, and more Other titles by Bruce R. Hopkins: The Law of Tax-Exempt Organizations, Tenth Edition, The Law of Fundraising, Fourth Edition, and The Tax Law of Charitable Giving, Fourth Edition Should religious organizations be exempt from taxation? Should religious groups get tax exemptions not available to other organizations? Are state charitable solicitation acts constitutional? Is the health insurance mandate constitutional? Is the Affordable Care Act subject to legal challenge at this time? How many ways has the Supreme Court shaped nonprofit law? Get answers to these questions and many more from Tax-Exempt Organizations and Constitutional Law.
Millions of donors annually give hundreds of billions of dollars to charities. While this giving helps meet charitable purposes, congressional & media concerns have arisen about whether some charities spend too much on fundraising & general management & not enough on program services to meet the charitable purposes related to the tax-exempt status. Such concerns have heightened since the outflow of charitable giving after 9/11. This report focuses on the adequacy of: (1) publicly reported Form 990 data on charity spending in facilitating public oversight of charities, (2) IRS's oversight of charities, & (3) IRS's data sharing with state agencies that oversee charities. Includes reviews of studies on charities from 1994-1999. Charts & tables.
An essential, timesaving guide for accountants, lawyers, nonprofit executives and directors, consultants, and volunteers This book is an indispensable guide to navigating the complex maze of nonprofit tax rules and regulations. A clear and fully cited description of the requirements for the various categories of tax-exempt entities from public charities, private foundations, civic associations, business leagues, and social clubs to title-holding companies and governmental entities can be found. Practical guidance on potential for income tax on revenue-producing enterprises along with explanations of many exceptions to taxability is provided. Issues raised by Internet activity, advertising, publishing, providing services, and much more are explained. This useful guide covers the many significant issues facing nonprofit organizations, including compensation and possible private inurement, affiliation, separations and mergers, donor disclosures, lobbying and electioneering, and employment taxes. Offers a supplemental, annual update to keep subscribers current on relevant changes in IRS forms, requirements, and related tax procedures Includes easy-to-use checklists highlighting such critical concerns as tax-exempt eligibility, reporting to the IRS, and comprehensive tax compliance issues Features a variety of sample documents for private foundations, including penalty abatement requests and sharing space agreements Provides helpful practice aids, such as a comparison of the differences between public and private charities, charts reflecting lobbying limits for different types of entities, and listings of rulings and cases that illustrate permissible activity for each type of organizations compared to impermissible activity Filled with practical tips and suggestions for handling such critical situations as preparing for and surviving an IRS examination, Tax Planning and Compliance for Tax-Exempt Organizations, Fifth Edition provides guidance for the significant issues facing nonprofit organizations.
Concise, authoritative answers to questions concerning the business, tax, legal, and fund-raising practices of nonprofit organizations The Legal Answer Book for Nonprofit Organizations Designed to help nonprofit managers and their professional consultants, this comprehensive reference presents—in plain English—practical answers to the most frequently asked questions about nonprofit organizations. Nonprofit managers will find a wealth of workable, real-world solutions to their most pressing problems and concerns, including private inurement, lobbying limitations, subsidiary organizations, strategic alliances with for-profit and nonprofit organizations, board governance and responsibilities, liability insurance, planned giving vehicles, and much more. Written and edited by a leading legal authority on tax-exempt organizations, it also offers creative strategies for enhancing and expanding a nonprofit organization's activities. Periodic updates will keep readers informed of the latest trends and developments in the nonprofit sector. Nonprofit executives, board members, lawyers, accountants, and fund-raising professionals will find The Legal Answer Book for Nonprofit Organizations to be an indispensable resource.
The ins and outs of law in the nonprofit sector--made easy! Written by renowned author Bruce R. Hopkins, Nonprofit Law MadeEasy is a must-read guide for executives, board members, officers,accountants, fundraisers, and others who handle legal issues thataffect the way nonprofit organizations are formed andoperated. Nonprofit Law Made Easy presents in-depth discussions on such hottopics as acquiring and maintaining tax-exempt status, reportingrequirements, charitable giving, disclosure requirements, unrelatedbusiness activities, fundraising, corporate governance principles,and board member liability. It also includes crucial information onavoiding nonprofit law traps and navigating governance andliability issues. Packed with practical tips and hard-to-find, authoritative advice,Nonprofit Law Made Easy demystifies complex legal issues withplain-language explanations of laws and regulations for non-legalprofessionals.
"The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.
Nonprofit Law for Religious Organizations: Essential Questions & Answers is a hands-on guide to the most pertinent and critical legal issues facing those who lead and manage religious tax-exempt organizations with an emphasis on tax, employment, property and constitutional law. This timely book is a response to the need for guidance, direction, and clarification of legal and tax laws affecting churches and other religious organizations.
Considers earlier efforts to finance nonprofit organizations by means of "fiscal agency," the legal problems which ensued, and efforts to correct them through "fiscal sponsorship."
In a concise and readable format, Nonprofit Law, 2nd Edition provides up-to-date information about the legal issues that can arise at every turn--from inception to termination--of a Section 501(c)(3) organization. This second edition continues and builds upon the comprehensive features of the first edition, including: A reader-friendly presentation that does not assume earlier background with tax, trusts, or corporations A balanced treatment between theory and practical reality Cradle-to-grave organization of topics Notes, questions, and problems in each chapter that add context to the text All relevant statutes and regulations within the text Optional exercises for creating a virtual nonprofit, which become the basis for further hypothetical questions. Designed to satisfy the highest academic requirements for students of law, business, and public policy (and to provide an accessible, comprehensive desk reference for practicing nonprofit professionals), Nonprofit Law, 2nd Edition explains the corporate, tax, and other regulatory issues that all nonprofit managers, board members, and their lawyers ultimately face. Highlights of the second edition include: Examples of familiar organizations, from Catholic Dioceses to the American Red Cross, grappling with critical issues Consideration of for-profit social enterprises as alternatives to nonprofits Thorough exploration of the policy implications of nonprofit regulation An explanation of the controversies surrounding nonprofits' entrance into politics and the IRS' response.