On May 12, 2025, the House Ways and Means Committee released an updated text of draft tax legislation (the “House Draft Bill”)...more
Tax-exempt organizations, while not generally subject to tax, are subject to tax on their “unrelated business taxable income” (“UBTI”). One category of UBTI is debt-financed income; that is, a tax-exempt organization that...more
On October 21, 2021, the Internal Revenue Service (the “IRS”) released Notice 2021-56 (the “Notice”), which sets forth the additional requirements a limited liability company (“LLC”) must satisfy to obtain a determination...more
Proskauer’s 26th Annual Trick or Treat Seminar was held virtually on Friday, October 29th and discussed timely topics and best practices specifically tailored to the not-for-profit community. ...more
11/3/2021
/ Best Practices ,
CARES Act ,
Charitable Donations ,
Charitable Organizations ,
Coronavirus/COVID-19 ,
Employee Benefits ,
Employer Mandates ,
Environmental Social & Governance (ESG) ,
Hardship Distributions ,
Health and Essential Rights (HERO) Act ,
Infectious Diseases ,
Legislative Agendas ,
OSHA ,
Regulatory Agenda ,
SECURE Act ,
Tax Exempt Entities ,
Tax Reform ,
Vaccinations ,
Workplace Safety
On July 1, 2021, the Supreme Court struck down a California donor-disclosure law as facially unconstitutional in its decision in Americans for Prosperity Foundation v. Bonta. The law required nonprofits operating or...more
7/30/2021
/ Americans for Prosperity Foundation (AFP) v. Bonta ,
California ,
Charitable Donations ,
Charitable Organizations ,
Disclosure Requirements ,
Donor Lists ,
Donors ,
First Amendment ,
Freedom of Association ,
Mandatory Disclosure Rules ,
Nonprofits ,
SCOTUS ,
Tax Exempt Entities
On January 19, 2021 the Department of the Treasury (“Treasury”) and the Internal Revenue Service (“IRS”) published in the Federal Register Final Regulations (the “Final Regulations”) interpreting the excise tax under Section...more
2/3/2021
/ Compensation & Benefits ,
Deferred Compensation ,
Excise Tax ,
Executive Compensation ,
Final Rules ,
Interim Guidance ,
IRS ,
Remuneration ,
Tax Exempt Entities ,
Tax Exemptions ,
Tax Planning
Proposed Regulations under Section 4960 of the Internal Revenue Code provide important guidance for tax-exempt organizations and their affiliates regarding an excise tax on certain executive compensation. The U.S. Department...more
7/29/2020
/ Compensation & Benefits ,
Covered Employees ,
Excise Tax ,
Executive Compensation ,
Grandfathering Rules ,
Independent Contractors ,
Internal Revenue Code (IRC) ,
IRS ,
Proposed Regulation ,
Remuneration ,
Tax Exempt Entities ,
Tax Exemptions ,
Tax Reform
On April 23, 2020, the Treasury Department and the Internal Revenue Service (the “IRS”) issued proposed regulations (the “Proposed Regulations”) under Section 512(a)(6) of the Internal Revenue Code (the “Code”). Section...more
On April 23, the Treasury Department and the Internal Revenue Service (the "IRS") issued helpful proposed regulations under section 512(a)(6) of the Internal Revenue Code (the "proposed regulations"). Section 512(a)(6) was...more
On Friday, December 20, 2019, President Trump signed into law government funding legislation for the 2020 fiscal year that includes a provision repealing Section 512(a)(7), commonly referred to as the “parking tax,” with...more
1/29/2020
/ Amended Tax Returns ,
Federal Funding ,
Fringe Benefits ,
Income Taxes ,
IRS ,
New Guidance ,
State Taxes ,
Tax Cuts and Jobs Act ,
Tax Exempt Entities ,
Tax Planning ,
Unrelated Business Income Tax
On December 20, 2019, President Trump signed into law changes to the private foundation excise tax on net investment income under Section 4940 of the Internal Revenue Code.
For purposes of Section 4940, net investment...more
Late on Friday, December 20, 2019, President Trump signed into law government funding legislation for the 2020 fiscal year that includes a provision repealing Section 512(a)(7), commonly referred to as the “parking tax.”...more
12/24/2019
/ Employee Benefits ,
Fringe Benefits ,
Income Taxes ,
IRS ,
Tax Cuts and Jobs Act ,
Tax Exempt Entities ,
Tax Liability ,
Tax Reform ,
Transportation Expenses ,
Trump Administration ,
Unrelated Business Income Tax
On October 23, 2019, Governor Andrew M. Cuomo, signed legislation incorporating the federal Johnson Amendment into New York law. As previously described, the Johnson Amendment denies tax-exempt status under section 501(c)(3)...more
11/12/2019
/ 501(c)(3) ,
First Amendment ,
Free Speech ,
Governor Cuomo ,
IRS ,
Lyndon B Johnson ,
New Legislation ,
Political Campaigns ,
Religious Institutions ,
Tax Exempt Entities ,
Tax Exemptions ,
Trump Administration
On March 15, 2019, the U.S. Court of Appeals for the Seventh Circuit held in Gaylor v. Mnuchin that the tax exemption for “ministers of the gospel” (defined below) under Section 107(2) of the Internal Revenue Code (the...more
As we have previously discussed, the 2017 tax reform act created a new excise tax under section 4960 of the Internal Revenue Code that will affect many tax-exempt employers. The tax is 21% of certain compensation and can be...more
On December 31, 2018, the Department of the Treasury (“Treasury”) and the Internal Revenue Service (the “IRS”) released Notice 2019-09 (the “Notice”), which provides interim guidance under Section 4960 of the Internal Revenue...more
December 10, 2018 saw significant activity with respect to Section 512(a)(7) of the Internal Revenue Code (the “Code”), which requires tax-exempt employers to increase their unrelated business taxable income (“UBTI”) by...more
On August 21, 2018, the Internal Revenue Service (“IRS”) released Notice 2018-67 (the “Notice”), addressing issues relevant to tax-exempt organizations arising under new Section 512(a)(6) of the Internal Revenue Code (the...more
9/5/2018
/ Controlled Foreign Corporations ,
GILTI tax ,
Income Taxes ,
IRS ,
NAICS ,
Partnerships ,
Public Comment ,
Reporting Requirements ,
Tax Exempt Entities ,
Tax Exemptions ,
UBTI
On Friday, December 22, 2017, President Trump signed into law H.R. 1, the $1.5 trillion tax reform law known as the Tax Cuts and Jobs Act (the “Tax Reform Act”). This alert describes provisions of the Tax Reform Act that we...more
1/4/2018
/ Colleges ,
Educational Institutions ,
Excise Tax ,
Highly Compensated Employees ,
Net Operating Losses ,
Sports ,
Tax Deductions ,
Tax Exempt Entities ,
Tax Reform ,
Tax-Exempt Bonds ,
UBTI ,
Universities
The Internal Revenue Service (the “IRS”) has issued Notice 2017-75 (the “Notice”), which provides certain limited relief from the strict requirements of Section 409A of the Internal Revenue Code of 1986, as amended (the...more
Early on December 2, 2017, the Senate passed the Tax Cuts and Jobs Act (the “Senate Bill”). This blog entry describes certain provisions of the Senate Bill that would have the most significant impact on the nonprofit...more
12/8/2017
/ Charitable Deductions ,
Colleges ,
Educational Institutions ,
Excise Tax ,
Highly Compensated Employees ,
Logos ,
Sports ,
Tax Deductions ,
Tax Exempt Entities ,
Tax-Exempt Bonds ,
UBTI ,
Universities ,
Ways and Means Committee
Over the last several days, there have been significant developments relating to the Tax Cuts and Jobs Act, the pending tax reform legislation in Congress. On Thursday, a detailed summary of the Senate Finance Committee’s...more
11/15/2017
/ 501(c)(3) ,
Colleges ,
Educational Institutions ,
Excise Tax ,
Highly Compensated Employees ,
IP License ,
IRS ,
Logos ,
Pending Legislation ,
Sports ,
Tax Deductions ,
Tax Exempt Entities ,
Tax Reform ,
Tax-Exempt Bonds ,
UBTI ,
Universities ,
Ways and Means Committee
Over the last several days, there have been significant developments relating to the Tax Cuts and Jobs Act, the pending tax reform legislation in Congress. On Thursday, a detailed summary of the Senate Finance Committee’s...more
11/14/2017
/ Charitable Deductions ,
Colleges ,
Educational Institutions ,
Excise Tax ,
Football ,
Highly Compensated Employees ,
IP License ,
IRS ,
Logos ,
Sports ,
Tax Deductions ,
Tax Exempt Entities ,
Tax Reform ,
Tax-Exempt Bonds ,
UBTI ,
Universities ,
Ways and Means Committee
While speaking at the National Prayer Breakfast on February 2, 2017, President Trump reaffirmed his commitment to repeal the law that restricts organizations that are tax exempt under Section 501(c)(3) of the Internal Revenue...more