List of Exhibits xiii Preface xvii About the Author xxiii Acknowledgments xxv Part I Qualifications of Tax-Exempt Organizations 1 Chapter 1 Distinguishing Characteristics of Tax-Exempt Organizations 3 1.1 Differences between Exempt and Nonexempt Organizations 10 1.2 Nomenclature 13 1.3 Ownership and Control 13 1.4 Role of the Internal Revenue Service 14 1.5 Suitability as an Exempt Organization 15 1.6 Start-Up Tax and Financial Considerations 18 1.7 Choosing the Best Form of Organization 22 Chapter 2 Qualifying Under IRC §501(c)(3) 27 2.
1 Organizational Test 29 2.2 Operational Test 36 Chapter 3 Religious Organizations 59 3.1 Types of Religious Organizations 60 3.2 Churches 65 3.3 Religious Orders 72 3.4 Religious and Apostolic Associations 73 Chapter 4 Charitable Organizations 75 4.1 Relief of the Poor 77 4.2 Promotion of Social Welfare 79 4.
3 Lessening the Burdens of Government 88 4.4 Advancement of Religion 91 4.5 Advancement of Education and Science 91 4.6 Promotion of Health 92 4.7 Cooperative Hospital Service Organizations 116 Chapter 5 Educational, Scientific, and Literary Purposes and Prevention of Cruelty to Children and Animals 118 5.1 Educational Purposes 119 5.2 Literary Purposes 134 5.3 Scientific Purposes 134 5.
4 Testing for Public Safety 139 5.5 Fostering National or International Amateur Sports Competition (But Only If No Part of Its Activities Involves the Provision of Athletic Facilities or Equipment) 140 5.6 Prevention of Cruelty to Children or Animals 141 Chapter 6 Civic Leagues and Local Associations of Employees: §501(c)(4) 143 6.1 Comparison of (c)(3) and (c)(4) Organizations 145 6.2 Qualifying and Nonqualifying Civic Organizations 151 6.3 Local Associations of Employees 155 6.4 Neighborhood and Homeowner''s Associations 157 6.5 Disclosures of Nondeductibility 160 Chapter 7 Labor, Agricultural, and Horticultural Organizations: §501(c)(5) 169 7.
1 Labor Unions 170 7.2 Agricultural Groups 175 7.3 Horticultural Groups 178 7.4 Disclosures of Nondeductibility 179 Chapter 8 Business Leagues: §501(c)(6) 180 8.1 Basic Characteristics 181 8.2 Meaning of "Common Business Interest" 181 8.3 Line of Business 183 8.4 Rendering Services for Members 186 8.
5 Sources of Revenue 192 8.6 Membership Categories 193 8.7 Member Inurement 194 8.8 Chambers of Commerce and Boards of Trade 195 8.9 Comparison to §501(c)(5) 195 8.10 Recognition of Exempt Status 196 8.11 Formation of a Related Charitable Organization 197 8.12 Disclosures for Lobbying and Nondeductibility 199 Chapter 9 Social Clubs: §501(c)(7) 200 9.
1 Organizational Requirements and Characteristics 202 9.2 Member Inurement Prohibited 205 9.3 Membership Requirements 207 9.4 Revenue Tests 208 9.5 Unrelated Business Income Tax 211 9.6 Filing and Disclosure Requirements 217 Chapter 10 Instrumentalities of Government and Title-Holding Corporations 218 10.1 §501(c)(1) Instrumentalities of the United States 218 10.2 Governmental Units 219 10.
3 Qualifying for §501(c)(3) Status 223 10.4 §501(c)(2) Title-Holding Corporations 235 10.5 §501(c)(25) Title-Holding Corporations 239 Chapter 11 Public Charities 241 11.1 Distinctions between Public and Private Charities 242 11.2 "Inherently Public Activity" and Broad Public Support: §509(a)(1) 245 11.3 Community Foundations 259 11.4 Service-Providing Organizations: §509(a)(2) 268 11.5 Difference Between §509(a)(1) and §509(a)(2) 270 11.
6 Supporting Organizations: §509(a)(3) 282 11.7 Testing for Public Safety: §509(a)(4) 296 Part II Standards For Private Foundations 297 Chapter 12 Private Foundations--General Concepts 299 12.1 Why Private Foundations Are Special 299 12.2 Special Rules Pertaining to Private Foundations 302 12.3 Application of Taxes to Certain Nonexempt Trusts 310 12.4 Termination of Private Foundation Status 311 Appendix 12-1: Brief Description of Tax Sanctions Applicable to Private Foundations 335 Excise Tax on Investment Income--§4940 Tax 335 Chapter 13 Excise Tax Based on Investment Income: IRC §4940 339 13.1 Formula for Taxable Income 341 13.2 Capital Gains 348 13.
3 Ponzi Scheme Losses 354 13.4 Deductions from Gross Investment Income 356 13.5 Tax-Planning Ideas 361 13.6 Foreign Foundations 365 13.7 Timely Payment of Excise Tax 367 13.8 Tax on Private Colleges and Universities 368 13.9 Exempt Operating Foundations 369 Chapter 14 Self-Dealing: IRC §4941 370 14.1 Definition of Self-Dealing 371 14.
2 Sale, Exchange, or Lease of Property 374 14.3 Loans 384 14.4 Compensation 387 14.5 Transactions that Benefit Disqualified Persons 399 14.6 Payments to Government Officials 406 14.7 Sharing Space, People, and Expenses 407 14.8 Indirect Deals 410 14.9 Property Held by Fiduciaries 412 14.
10 Issues Once Self-Dealing Occurs 415 Chapter 15 Minimum Distribution Requirements: IRC §4942 420 15.1 Assets Used to Calculate Minimum Investment Return 422 15.2 Measuring Fair Market Value 428 15.3 Distributable Amount 435 15.4 Qualifying Distributions 438 15.5 Private Operating Foundations 455 15.6 Satisfying the Distribution Test 464 Chapter 16 Excess Business Holdings and Jeopardizing Investments: IRC §§4943 and 4944 471 16.1 Excess Business Holdings 471 16.
2 Jeopardizing Investments 480 16.3 Program-Related Investments 487 16.4 Penalty Taxes 492 Chapter 17 Taxable Expenditures: IRC §4945 498 17.1 Lobbying 500 17.2 Voter Registration Drives 506 17.3 Grants to Individuals 506 17.4 Grants to Public Charities 519 17.5 Grants to Foreign Organizations 530 17.
6 Expenditure Responsibility Grants 532 17.7 Noncharitable Expenditures 546 17.8 Excise Taxes Payable 547 Appendix 17-1: Examples of Emergency, Hardship Grant Application, Church and Foreign Equivalency Grants 549 Part III Obtaining and Maintaining Tax-Exempt Status 583 Chapter 18 IRS Filings, Procedures, and Policies 585 18.1 IRS Determination Process 586 18.2 Annual Filing of Forms 990 595 18.3 Reporting Organizational Changes to the IRS 607 18.4 Weathering an IRS Examination 613 18.5 When an Organization Loses Its Tax-Exempt Status 618 Chapter 19 Maintaining Exempt Status 620 19.
1 Checklists 620 Chapter 20 Private Inurement and Intermediate Sanctions 643 20.1 Defining Inurement 646 20.2 Salaries and Other Compensation 648 20.3 Setting Salary 650 20.4 Housing and Meals 652 20.5 Purchase, Lease, or Sale of Property or Services 653 20.6 Loans and Guarantees 654 20.7 For-Profit to Nonprofit and Vice Versa 655 20.
8 Services Rendered for Individuals 656 20.9 Joint Ventures 658 20.10 Intermediate Sanctions 659 Chapter 21 Unrelated Business Income 671 21.1 IRS Scrutiny of Unrelated Business Income 673 21.2 History of the Unrelated Business Income Tax 674 21.3 Consequences of Receiving UBI 675 21.4 Definition of Trade or Business 677 21.5 What is Unrelated Business Income? 680 21.
6 "Regularly Carried On" 681 21.7 "Substantially Related" 683 21.8 Unrelated Activities 688 21.9 The Exceptions 710 21.10 Income Modifications 717 21.11 Calculating and Minimizing Taxable Income 727 21.12 Debt-Financed Property 736 21.13 Museums 743 21.
14 Travel Tours 745 21.15 Publishing 746 Chapter 22 Relationships with Other Organizations and Businesses 750 22.1 Creation of (c)(3) by (c)(4), (5), or (6) 751 22.2 Alliances with Investors 755 22.3 Creation of a For-Profit Corporate Subsidiary 759 22.4 Active Business Relationships 762 Chapter 23 Electioneering and Lobbying 765 23.1 Election Campaign Involvement 766 23.2 Voter Education versus Candidate Promotion 772 23.
3 Tax on Political Expenditures 777 23.4 Lobbying Activity of §501(c)(3) Organizations 786 23.5 Permissible Amounts of Lobbying 793 23.6 Lobbying Limits for §501(c)(4), (5), (6), and Other Exempt Organizations 796 23.7 Advocacy and Nonpartisan Analysis 797 Chapter 24 Deductibility and Disclosures 799 24.1 Overview of Deductibility 800 24.2 The Substantiation and Quid Pro Quo Rules 812 24.3 Valuing Donor Benefits 820 24.
4 Unrelated Business Income Aspects of Fund-Raising 824 24.5 State and Local Regulations 825 Chapter 25 Employment Taxes 826 25.1 Distinctions Between Employees and Independent Contractors 828 25.2 Ministers 835 25.3 Reporting Requirements 839 Chapter 26 Mergers, Bankruptcies, and Terminations 844 26.1 Mergers and Other Combinations 844 26.2 Bankruptcy 849 26.3 Terminations 852 Table of Cases 855 Table of IRS Revenue Rulings 867 Table of IRS Procedures 873 Index 875.