Our Blogs
Social Enterprise Takes A Step Forward
As many practitioners know, beginning January 1, 2012, the State of California now recognizes the "benefit" and "flexible" corporation. While there are distinctions between the two and "general" corporation, they have a capital structure just like a corporation. They...
The IRS 2011 Revocation of 501c3 Status of 275,000 charities: The AFTERMATH
In May 2011, the IRS may good on its promise to "wipe out" the 501c3 charity status of approximately 275,000 charities for failing to file three consecutive years of returns. Many suspected and thought this was good as it would wipe out "small" charities. As it turns...
How Religious Is Your Landlord: For Churches, Temples and Synagogues
If you are a Church, Temple or Synagogue, AND, you are leasing your premises, you be able to utilize the property tax exemption entitled to Churches pursuant to Section 2602 of the California Revenue and Taxation Code. In a nutshell, this code states that, "absence a...
The Policy of “Policies”, Why Charities Should Think Seriously About the New 990 Policies
Charities have so much to be careful. If I asked who owns the assets of the charity, you might say "Noone"! and you would be right! That being said, since there is no ownership of assets, the directors of a charity are the custodians of a charity assets and any...
US Charitable Organizations Operating and Supporting Foreign Activities
The issue of US Charities supporting activities that further the charitable purposes of the US Charity is quite a complex topic and one that must be carefully tread to not violate the many rules and regulations in this area. Suffice is to say, that while this blog...
Does the IRS Recycle?
In Revenue Ruling 72,560, the IRS justifies the lawfulness of charities "selling recycled" materials which led to partial funding for the Charity in question. You might say to yourself, "I thought the IRS taxed business activities! Didn't they get this one wrong?!!!!"...
Why Didn’t Toms Shoes Set Up As A Not For Profit Entity?
Whether the general public knows it or not, Toms Shoes, yes, the famous Toms Shoes, is a not a nonprofit organization. In fact, it is a for profit enterprise that makes millions of dollars for its shareholders. Some of you who are interested in “cause marketing” and...
Legal Pitfalls of Internet Fundraising; The Charleston Principle Discussed
Charities who raise funds online may be wondering what legal obligations they have, amongst all the other concerns that they have in terms of raising funds. Why this might make matters more challenging; understanding the legal do’s and dont’s might make a life a...
10 Common Mistakes Celebrities Make When They Engage In Philanthropy
1. In lieu of receiving direct payment for services in making appearances, they will ask the payor to pay the “compensation” to their charity. This triggers a concept known as the “assignment of income” doctrine, resulting in tax the celebrity and ultimately less...