Is the Foreign Corrupt Practices Act on Your Radar Screen?

Charities and other exempt organizations that engage in cross-border charitable giving often conduct extensive due diligence before giving funds to international grantees.  If these charities are unaware of how the Foreign Corrupt Practices Act can affect their grantmaking and other activities abroad, they should become aware very quickly.  In fact, the FCPA is a real risk for U.S. exempt organizations that are operating globally and face pressures to make corrupt payments in order to obtain government support abroad.

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Treasury Issues Ramadan Alert

On August 11, 2010, the commencement of the observance of Ramadan, a charity alert was issued by the United States Treasury Department.  Treasury acknowledged the importance of charitable giving during the month-long observance and used this opportunity to express concern about possible exploitation of all charities by terrorist organizations.  The alert outlines steps for charities and donors to take in order to “guard against terrorist abuse.” 

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Tweets from the Georgetown "Representing & Managing Tax-Exempt Organizations" Conference (April 22-23, 2010)

We tweeted live from the Georgetown Conference that occurred on April 22-23, 2010.  Our tweets from the conference highlight IRS next steps and agenda items, as well as discuss other topics of interest to exempt organizations.

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IRS Announces Qualified Disaster Treatment for Chile

On March 9, 2010, the IRS issued guidance designating the earthquake that occurred in Chile in February, 2010 as a qualified disaster for federal tax purposes.  The guidance allows recipients of qualified disaster relief payments to exclude those payments from income tax.  The guidance also allows employer-sponsored private foundations to assist employee victims in areas affected by the earthquake without affecting their tax-exempt status.

Qualified disaster relief payments include amounts to cover necessary personal, family, living or funeral expenses that were not covered by insurance.  They also include expenses to repair or rehabilitate personal residences or repair or replace the contents to the extent that they were not covered by insurance.

The IRS will presume that disaster relief that a private foundation provides to employee-victims and their family members in areas affected by the earthquake in Chile is consistent with the foundation's charitable purposes.

For additional information on disaster relief, please refer to the IRS Publication 3833 on Disaster Relief and other disaster relief resources for charities and contributors on the IRS website.

President Obama Signs Bill Allowing 2009 Charitable Deductions for 2010 Haiti Donations

On Friday, January 22, 2010, President Obama signed into law a bill allowing taxpayers who made charitable contributions to the Haiti earthquake relief efforts to claim an itemizable deduction on their 2009 Tax Returns instead of waiting until next year to claim the deduction. 

The legislation also includes a provision that allows individuals who sent their contributions via text message to use their phone bills as proof of their contribution.  The bill must contain the name of the charitable organization and the date and amount of the contribution. 

The legislation was introduced by Ways and Means Committee Chairman Charles B. Rangel (D-NY) and a host of other co-sponsors.  Though not obligated to do so, charities assisting in the Haiti relief effort may want to make their donors aware of the possibility of the acceleration of deductions.

The IRS also announced on Friday that it has issued guidance designating the Haiti earthquake as a natural disaster for federal tax purposes.  The guidance allows recipients of qualified disaster relief payments to exclude those payments from income tax.  The guidance also allows employer-sponsored private foundations to assist employee victims in areas affected by the earthquake in Haiti without affecting their tax-exempt status.

For additional information on disaster relief, please refer to the IRS Publication 3833 on Disaster Relief and other disaster relief resources for charities and contributors on the IRS website.