News & Analysis as of

501(c)(3) Tax Exempt Entities

Lathrop GPM

Understanding the Proposed IRS Settlement Regarding the Johnson Amendment and Churches’ Political Speech Rights

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To settle a case challenging the Johnson Amendment, the IRS has proposed to allow at least two churches to endorse candidates from the pulpit. This proposal has received widespread attention, but many questions remain...more

Miller Canfield

One Big Beautiful Bill Effect on Schools

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The One Big Beautiful Bill (OBBB) includes some provisions relevant to private schools and donors who support K-12 education. The bill passed on July 3 and is expected to be signed by President Donald Trump by July 4. ...more

White & Case LLP

Tax-Exempt Organizations Should Prepare Now For An IRS Tax Audit

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It is an uncertain time to be a tax-exempt public charity or private foundation. The federal government has recently scrutinized certain tax-exempt organizations (see here), and draft congressional legislation proposed a tax...more

Holtzman Vogel Baran Torchinsky & Josefiak

IRS Enters into Consent Decree Limiting Application of Johnson Amendment; New Position Allows Churches to Endorse Candidates in...

On July 7, 2025, in National Religious Broadcasters, et al. v. Billy Long, Commissioner of the Internal Revenue Services, et al., Docket no: 6:24-cv-00311-JCB (E.D. Texas) (“NRB”), the IRS entered into a consent decree in...more

Ropes & Gray LLP

Draft Tax Legislation Released by Senate Finance Committee Brings Some Good News for Tax-Exempt Organizations

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On June 16, the Senate Finance Committee released its draft portions of “The One Big Beautiful Bill Act,” following passage by the House of its version of the bill on May 22. Like the House bill, the Senate proposal includes...more

Farella Braun + Martel LLP

Nonprofit Quick Tip: State Filings in Maryland and Pennsylvania

Welcome to EO Radio Show – Your Nonprofit Legal Resource. I'm Cynthia Rowland, and this is the 21st in a series of quick tip episodes focusing on the details of state registration of nonprofit corporations. With the help of...more

Nutter McClennen & Fish LLP

The Real Impact (Spring 2025)

Drinking From the D.C. Firehose: 10 FAQs for Charitable Organizations and Their Donors....more

Goodwin

Recent Changes and Future Directions: Tax-Exempt Organizations Under the New Administration

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Executive orders, federal funding cuts, and suspended processing of tax-exempt status applications are among the changes affecting nonprofits. ...more

Farella Braun + Martel LLP

REFRESH Steps for Launching a New Charitable Corporation

Welcome to EO Radio Show – Your Nonprofit Legal Resource. I'm Cynthia Rowland, and this episode is a "refresh" of episode 37, first released in April 2023. This year, 2025, we've seen the usual strong interest in starting new...more

Lathrop GPM

Executive Order on the Public Service Loan Forgiveness Program Has Implications for All Nonprofits

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Nonprofits concerned about a politically motivated audit or other enforcement action under the current presidential administration should pay close attention to President Trump’s Executive Order regarding the Public Service...more

Farella Braun + Martel LLP

Nonprofit Basics: IRS 10-Course Charity Workshop

In today's EO Radio Show episode, Cynthia Rowland reports on the IRS' recent promotion of a free 10-course workshop on basic topics for individuals interested in learning about tax-exempt organizations described in Internal...more

Farella Braun + Martel LLP

Nonprofit Basics: Unrelated Business Income Tax: Modifications and Exceptions - Part 2

Welcome to EO Radio Show - Your Nonprofit Legal Resource. I'm Cynthia Rowland, and episode 108 is the second in a series of technical episodes describing the basic principles of the tax on unrelated business income generated...more

Jenner & Block

Client Alert: Non-Profits Targeted Under New Tax Code Proposals

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House Bill 9495 (H.R. 9495), a bill passed during the 118th Congress, is legislation worth watching for non-profits and other aid organizations. H.R. 9495 passed the House on November 21, 2024, and if passed during the new...more

Patterson Belknap Webb & Tyler LLP

Rising From the Ashes: How Nonprofits and Donors Can Help California Wildfire Recovery Efforts

In the wake of the Los Angeles wildfires that have destroyed tens of thousands of acres and leveled entire communities, there is a significant and growing need for funding recovery, rebuilding, and resiliency efforts.  The...more

Farella Braun + Martel LLP

Nonprofit Basics: Unrelated Business Income Tax: Basic Rules for Charities - Part 1

Welcome to EO Radio Show - Your Nonprofit Legal Resource. I'm Cynthia Rowland, and episode 107 is the first in a series of technical episodes describing the basic principles of the tax on unrelated business income generated...more

Freeman Law

IRC 509(a)(3) | Supporting Organizations Revisited

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Under the Internal Revenue Code (the “Code”), all organizations described in section 501(c)(3) are considered private foundations, unless one of four exceptions set forth in section 509 apply. Section 509(a)(3) is an...more

Wiley Rein LLP

The Laws About Lobbying for or Against Nominees for the New Administration

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President-Elect Trump’s potential nominees for the Cabinet and other high-level offices in his second Administration have been at the top of the news for the past several weeks. You, your company, your trade association, your...more

Burr & Forman

Tax-Exempt NIL Collectives Warned of “Smarter Enforcement” by IRS in 2025

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The Tax Exempt & Government Entities Division (TE/GE) of the Internal Revenue Service (IRS) recently published a program letter outlining the Division’s priorities in fiscal year 2025. The Division lists “tax-exempt...more

Faegre Drinker Biddle & Reath LLP

Five Things to Know About Election Participation as November 5 Approaches

As general Election Day approaches, businesses, corporate executives and employees may take opportunities to become involved in the administrative and political processes central to determining the outcomes of local, state...more

Farella Braun + Martel LLP

REFRESH Nonprofit Basics: Navigating the Complex Rules That Describe a Public Charity

Welcome to EO Radio Show - Your Nonprofit Legal Resource. I'm Cynthia Rowland, and this is the fourth "refresh" of several original episodes published in the summer of 2022. As we near the end of summer, it's a good time to...more

Sheppard Mullin Richter & Hampton LLP

IRS Audits & Ongoing Scrutiny of Nonprofit Hospitals – Key Background & Action Steps

The IRS is underway with conducting audits of 35 §501(c)(3) hospitals, which it announced in June 2024, with a particular focus on “community benefit.” Targeted hospitals appear to be those who reported low community benefit...more

Faegre Drinker Biddle & Reath LLP

Fourth Circuit’s Buettner-Hartsoe Ruling and Its Potential Effect on Race-Conscious Criteria in Grantmaking

In late March 2024, in the case of Donna Buettner-Hartsoe v. Baltimore Lutheran High School Association, the U.S. Court of Appeals for the Fourth Circuit considered whether exemption from federal income tax under Internal...more

Hinckley Allen

Final Regulations for Energy Investment Subsidies Available to Tax-Exempt Entities

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On March 5, 2024, the IRS issued final regulations under Internal Revenue Code Section 6417 (the “Final Regulations”) with respect to energy tax credits which are directly payable to State and local governmental entities as...more

Polsinelli

FTC Final Rule Banning Most Non-Competes Passes – What Nonprofits Need to Know

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On April 23, 2024, the Federal Trade Commission (“FTC”) conducted a special Open Commission Meeting to vote on a Final Rule (the “Rule”) banning most non-compete clauses as an “unfair method of competition.” By a vote of 3-2,...more

Polsinelli

Spring Cleaning for your Nonprofit: Dusting Off Your Articles, Bylaws, and Form 1023

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Every nonprofit is unique, with its own mission, structure, and history. At the same time, they share certain common characteristics – core governing documents, Form 1023, and an IRS determination letter, to name just a few....more

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