July 2010 | Not For Profit/Exempt Organizations Blog

IRS Offers Relief for Small Organizations that Failed to File Returns for Three Consecutive Years

By A. Nicole Campbell on July 27, 2010 Posted in IRS Filings

Small not-for-profit organizations at risk of losing their tax exemption because of their failure to file the Form 990-N or Form 990-EZ for the 2007, 2008, and 2009 taxable years can preserve their status by filing these returns by October 15, 2010. The IRS announced yesterday a one-time relief program for these organizations that will give them a "pass" until October 15, 2010. Two types of relief are available for small exempt organizations -- a filing extension for the smallest organizations required to file Form 990-N and a voluntary compliance program ("VCP") for small organizations eligible to file Form 990-EZ. … Continue Reading

Getting Back to Basics: What Public Charities Should Know About Tax Exemption

By Alison M. Langlais on July 19, 2010 Posted in Formation

It is essential that all public charities understand the basic rules surrounding their exemption. Indeed, achieving tax-exempt status is only half the battle - once an organization has established that it is tax-exempt, it must set up the proper checks to ensure that it meets ongoing compliance obligations. Plainly, certain activities can jeopardize an organization's tax-exempt status or subject it to penalties. Because the IRS revised its Compliance Guide for Public Charities and we are in such a highly regulatory environment, we thought it would be helpful to discuss some of the basic rules surrounding tax exemption. … Continue Reading

Will it Take a Constitutional Miracle to Save the Parsonage Exclusion?

By Jacob I. Friedman on July 1, 2010 Posted in Religious Organizations

When we last blogged about the "seemingly innocuous five line tax benefit" in Section 107 of the Internal Revenue Code, a District Court judge in California was reviewing a complaint filed by the Freedom From Religion Foundation, a nonprofit membership organization challenging this 90 year old provision. Eight years after President Bush signed the new law on May 20, 2002, Judge Shubb of the Eastern District of California (on May 21, 2010) declined to dismiss the latest challenge to the parsonage exemption. A finding of unconstitutionality can cost clergy billions of dollars in tax over the next few years. This burden would likely be passed on to the religious institutions that employ clergy. … Continue Reading